[Amended 8-26-2008 by Ord. No. 2367]
A. The owner, occupant or person in charge of each and
every building or structure or unoccupied lot in the City fronting
or abutting any street shall clean or cause to be cleaned the sidewalk/paved
sidepath of snow or ice to the width of such sidewalk within 72 hours
after snowfall ceases and shall cause the sidewalk/paved sidepath
to be kept clear from ice and snow, provided that when the ice has
formed on any sidewalk/paved sidepath such that it cannot be immediately
removed, such persons shall keep the sidewalk/paved sidepath sprinkled
with sand or salt. The City will continue to clear snow and ice from
the sidewalk/paved sidepaths that the City had cleared prior to the
enactment of Ordinance Number 2367.
[Amended 1-13-2009 by Ord. No. 2403]
B. Sidepaths that are not paved shall not be required
to have the snow and ice removed from them, as unpaved sidepaths shall
be considered recreational trails not subject to sidewalk maintenance
requirements.
C. Failure to remove snow and ice as called for in this section shall subject the owner, occupant or person in charge to a forfeiture as set forth in the schedule of deposits, Chapter
1, General Provisions, §
1-18, and the City shall further be entitled to perform the work itself and charge the abutting property owner for removal as a special charge pursuant to § 66.0627, Wis. Stats.
[Amended 6-19-2001 by Ord. No. 2142; 3-28-2006 by Ord. No. 2306; 9-27-2016 by Ord. No. 2575]
A. Application and issuance of excavation permits.
(1) No person shall make or cause to be made any excavation in or under
any street, alley, public grounds or sidewalks in the City without
first obtaining a written permit.
(2) Application. All applications shall be in writing upon forms which
the City Engineer or designated representative shall provide and shall
include the name of the owner and the description of the property
on which the work is to be done, along with such pertinent information
as the City Engineer or designated representative may require and
shall state that the property owner and the applicant will be bound
by and subject to the provisions of this chapter.
(3) Issuance, term, suspension and revocation. When the City Engineer
or designated representative is satisfied that the work proposed by
the applicant can be done in conformity with this chapter and after
the appropriate fees have been paid to the City, the City Engineer
or designated representative shall issue the permit. Such permit shall
be good for the continuous performance of the work named thereon.
A permit shall automatically expire when work ceases for a period
of 60 days without good and reasonable cause for same and shall automatically
expire on completion of the work for which it was issued, provided
the City Engineer or designated representative may, upon notice, suspend
or revoke such permit for violation of the provisions of this chapter.
Applications for work within the right-of-way will be reviewed to
confirm that placement of any proposed utilities meet the following
standards:
(a)
Aboveground utilities shall not be located within the driveway
vision triangle. "Vision triangle" is defined as a triangle formed
by connecting a point at 15 feet along the edge of the roadway pavement
and 15 feet along the driveway pavement as measured from the intersection
of the driveway pavement and the roadway pavement. No obstructions
shall be permitted in this area above the height of three feet.
(b)
Aboveground utilities and all associated supports and/or foundations
shall be a minimum of four feet from the back of curb in urban cross
sections and 12 feet from the edge of road pavement in rural cross
sections unless the location is preapproved by the City Engineer.
(c)
Any private utility and all associated supports and/or foundations
shall be a minimum of five feet from a public utility.
(d)
The aboveground utility shall not materially impede the flow
of stormwater within the ditch line or at outlet/inlet structures
as determined in the reasonable discretion of the City Engineer.
(e)
Applicant shall provide a hold harmless agreement to protect
the City against any damage that results from the collapse of the
aboveground utility and the granting of this permit.
(f)
If the height of the aboveground utility is greater than the
adjacent zoning district setbacks or the distance to the nearest permanent
habitable structure, the applicant shall submit an engineer's
certificate. The certificate shall show that the aboveground utility
is located/constructed such that the fall zone is less than the adjacent
zoning district setbacks or the distance to the nearest permanent
habitable structure.
(g)
All private utility infrastructure located within the right-of-way
shall be removed upon abandonment of the equipment.
B. Insurance and bond.
(1) Insurance. The person doing the work contemplated by this section
shall save the City harmless from any claim or demand for damages
and shall file a certificate of insurance with the Engineering Services
Division giving evidence of liability insurance in the minimum amount
of $1,000,000 bodily injury and property damage aggregate, naming
the City and its employees as additional insured on a primary and
noncontributory basis. Such insurance shall not be canceled or reduced
without the insurer giving 30 days' prior written notice to the
Engineering Services Division. Cancellation or reduction of insurance
shall automatically suspend the permit, and no further work shall
be done under such permit until a new certificate of insurance complying
herewith is filed with the Engineering Services Division.
(2) Bond. Except for public utilities, a financial guaranty in the amount of $5,000 in the form of cash or a letter of credit shall be deposited or filed with the Engineering Services Division prior to the issuance of the permit required in Subsection
A(3) above. The financial guaranty may be used to complete restoration to the satisfaction of the City Engineer or designated representative. The financial guaranty shall not relieve the applicant of responsibility for all costs to restore the excavated area to the satisfaction of the City Engineer or designated representative.
(a)
Permits with impervious surface disruption. After the three-year
maintenance period ends, the City will conduct a final inspection.
The applicant shall make all necessary repairs. After repairs are
made and approved, the City will issue final acceptance and the surety
shall be terminated and released.
(b)
Permits with pervious surface disruption only. After the one-year
maintenance period ends, the City will conduct a final inspection.
The applicant shall make all necessary repairs. After repairs are
made and approved, the City will issue final acceptance and the surety
shall be terminated and released.
C. Fees.
(1) Minimum fee. A minimum fee as set by the Common Council shall be
charged for each permit issued by the City Engineer or designated
representative for the issuance of an excavation permit in a City
right-of-way.
(2) Inspection fee for utility work. In addition, a current schedule
of inspection fees as adopted by the Common Council and as amended
from time to time shall be kept on file in the City Clerk's office
and shall be paid by the applicant prior to issuance of the permit.
(3) Inspection. At the discretion of the City Engineer or designated
representative, a City inspector may be required to be present continuously
during major portions of the excavation and/or repair. The applicant
shall be responsible to pay for the actual cost of such inspections.
Should this require the inspector to be on site beyond their normal
working hours, the permit holder will be billed for the cost of the
overtime.
D. Regulation for filling cuts or excavations.
(1) General regulations. Excavated materials shall be hauled away and
properly disposed of by the contractor. All excavations made in paved
areas in the public right-of-way, not excluding gravel shoulders,
shall be backfilled with a well-graded gravel material free of excessive
fines and compacted in six-inch layers with mechanical compaction
equipment. Alternatively, an approved slurry mix may be required.
The excavation shall be filled with acceptable material up to the
bottom of the surrounding pavement. The pavement shall be replaced
in kind in such manner as to leave no offset with the surrounding
pavement.
(2) All repairs to excavations in permanently improved streets shall
be made by saw cuts around the perimeter of the excavation. No jagged
edges or irregularities are allowed upon permanent repair.
(3) All excavations in areas of right-of-way which are not paved, excluding
gravel shoulders, shall be backfilled with natural material compacted
in twelve-inch layers with mechanical compaction equipment. The natural
material shall be placed to within four inches of the finished grade,
and the area shall then be filled with four inches of the approved
topsoil. The topsoil shall be raked to match the surrounding ground
elevations, fertilized, seeded and covered with a suitable material
to prevent erosion. Sod may be used in lieu of seeding; however, the
sod must be placed flush with the surrounding growth.
(4) Excavations made in paved areas, including gravel shoulders, between
October 15 and May 15 must be topped with temporary asphalt mix. The
temporary patch must be replaced with permanent pavement as soon as
practical or as directed by the City Engineer or designated representative.
(5) When an excavation is expected to be open for longer than 96 hours,
the City Engineer or designated representative may require that the
excavation be covered with a steel plate adequate to carry traffic.
(6) Defective pavement replacement.
(a)
If the pavement replacement settles or cracks within three years
of the date of the permit and if failure of the replacement is due
to improper backfill or compaction, the pavement and backfill in the
excavation area shall be removed and replaced at the expense of the
party taking out the excavation permit. Until the defective pavement
is replaced or repaired to the satisfaction of the City Engineer or
designated representative, no further permits will be issued by the
City for that party.
(b)
Should it be determined by the City Engineer or designated representative
that the temporary pavement is not being properly maintained, the
City will cause the work to be done and deduct the cost from the financial
guaranty on deposit.
(7) Return of financial guaranty. After permanent repairs have been made, the party holding the excavation permit may request a refund of any remaining portion of the financial guaranty. An inspection will be made and, if the repair is found acceptable and there is no expectation of settling, the financial guaranty will be returned minus any charges that have occurred. In the event that the City has incurred costs related to the excavation exceeding the financial guaranty on deposit, the permit holder will be billed for the overage. Return of the financial guaranty does not relieve the permit holder of responsibility for the excavation repair for the three years stated in Subsection
D(6).
E. Traffic control.
(1) It is the responsibility of the permit holder to provide and maintain
all signage as required by the Manual of Uniform Traffic Control Devices.
(2) The road shall not be closed without express written permission.
(3) It is the responsibility of the permit holder in cases of road obstruction
to notify all appropriate agencies, including but not limited to:
Engineering, Highway, Fire and Police Departments; school bus companies;
and the like. Said notification will take place at least 24 hours
prior to commencing work.
F. Emergencies. In the case of emergency, excavations may be made but
all appropriate safety procedures must be used. A permit must be applied
for as soon as practicable.
G. Penalties. Failure to obtain a permit to commence work, except in
the case of an emergency, will result in a fine of $500 per occurrence.
Each day the excavation is not permanently restored, as determined
by the City Engineer or designated representative, shall constitute
a separate occurrence. Penalties will not continue to accrue once
a permit has been obtained and its conditions complied with.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No.
2180]
No person shall injure or tear up or remove
any pavement, sidewalk or crosswalk or any part thereof, or dig any
holes, ditch or drain in or remove any sod, stone, earth, sand or
gravel from any street, lane, alley or public ground within the City
without obtaining a permit from the Director of Utilities and Streets
Operations.
No person shall remove an authorized barricade
from any street or injure the same or drive upon any street which
has been properly barricaded.
No person shall place or cause to be placed
upon a street, alley or sidewalk any foreign substance which may be
injurious to any vehicle or part thereof.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided by Chapter
1, General Provisions, §
1-18 of this Code.
[Added 2-8-2005 by Ord. No. 2253; amended 9-26-2006 by Ord. No.
2329]
Owners of property adjacent to public stormwater
easements and public rights-of-way shall keep said areas, to the extent
practicable and where site conditions make it appropriate, free of
refuse, yard waste, tree limbs, weeds and leaves and shall keep grass
in such areas where necessary mowed and shall maintain landscaping
materials including, but not limited to, mulch and plantings. Plantings
and grass areas within medians shall be maintained by the subdivision
association for the subdivisions in which they are situated. In those
subdivisions where a subdivision association has not been formed or
is inactive, the City’s actual cost of maintenance of the medians
shall be apportioned in equal shares amongst each of the residents
of the subdivision in which they are situated as a special charge
for current services pursuant to Wisconsin Statute Section 66.0627.