[Amended 2-25-2008 by Ord. No. 1935]
No person, firm, partnership or corporation
shall alter the grade of any street, alley, sidewalk or public way
within this Village, or shall dig any hole, ditch, drain or trench
or construct any sewer or vault in or under the same, without first
having obtained a written permit or order from the Planning and Development
Department. Any person, firm, partnership or corporation having received
such written permit or order from the Building Inspector who shall
fail or neglect promptly to rebuild and restore such street, alley,
sidewalk or public way in all respects as the same was before said
work was begun shall be penalized as hereinafter provided.
A.
No person, firm, partnership or corporation shall
place or cause to be placed any materials, equipment, impediment or
obstruction or perform any construction, excavating, repair or alteration
in or upon any street, alley, sidewalk or other public way or public
grounds in this Village without a written permit from a Planning and
Development Department designee, who is hereby authorized and directed
to issue such permit upon written application by the person, firm,
partnership or corporation desiring the same, conditioned further
that in consequence of the granting of said permit, the person, firm,
partnership or corporation so occupying said street, alley, sidewalk,
public way or public grounds shall put up and maintain such barriers
and lights as are required by a Planning and Development Department
designee or his agent to effectually prevent the happening of any
accident in consequence of such occupation or use; that said applicant
or agent or employee thereof shall and will obey all ordinances of
this Village and all rules which may be made in its behalf; and that
at the expiration of said permit, the applicant or agent thereof shall
leave said public way or ground in as good and clean a condition as
the same was in prior to the issuing of said permit.
[Amended 10-5-1987 by Ord. No. 1511; 2-9-1998 by Ord. No. 1767; 2-25-2008 by Ord. No. 1935]
B.
At no time shall more than 1/3 of the roadway or alley
proper be obstructed, and if the sidewalk proper is obstructed, a
temporary sidewalk at least four feet in width shall be constructed
around said obstruction, all further conditioned upon the fact that
street gutters shall not be obstructed and that said permit shall
not be for a longer period than four months, and provided further
that, in order to insure strict compliance with the aforesaid provisions,
the principal to whom the permit shall be issued shall, prior to the
issuance of the permit aforesaid, file with the Village Clerk a bond
in an amount of not less than $1,000 nor more than $10,000, as determined
by the Building Inspector, protecting the Village against any expense
which the Village may incur in maintaining lights and cleaning up
the public way so as to leave it in as good condition as found, and,
further, a certificate of insurance indicating that the applicant
holds public liability insurance in the amount of $500,000 for each
individual, $1,000,000 for each occurrence and $500,000 for property
damage or, in lieu thereof, a combined single limit coverage in the
amount of $1,000,000 per occurrence, and naming therein the Village
of Shorewood as an additional insured or, in lieu thereof, indemnifying
and saving harmless the Village of Shorewood thereunder.
C.
The bond and the insurance policy as aforesaid shall
remain in full force and effect at all times while the public way
is obstructed and shall not be canceled until after at least 30 days'
notice in writing has been given to the Village Clerk of the Village
of Shorewood.
D.
In lieu of filing the aforesaid bond and certificate
of insurance and prior to the issuance of the required permit aforementioned,
public utilities, telecommunications carriers or public service corporations
shall file with the Village Clerk an agreement in writing to restore
the public way in as good a condition as found or pay the cost of
such restoration to the Village and shall further indemnify and save
harmless the Village of Shorewood from any and all liability and claims
for damages arising out of or resulting from work and labor performed
under the aforesaid permit. If restoration of the public way is required,
no further permits shall be issued to the utility involved until restoration
has been completed and approved by the Director of Public Works or
the cost of the same has been paid by the utility.
[Amended 2-9-1998 by Ord. No. 1767; 2-25-2008 by Ord. No.
1935]
E.
The Planning and Development Department designee is
authorized to grant permits for excavating street pavement or resurfaced
streets less than three years old only upon a showing that an emergency
exists. An emergency shall include but shall not be limited to structural
failure, clogging, leakage or defects of any underground structures
and/or utilities. An application for new building sewers, water, steam,
gas, or electrical service shall not be considered an emergency.
[Amended 10-5-1987 by Ord. No. 1511; 2-25-2008 by Ord. No.
1935]
F.
Fees. Applications for permits as described within
this section must be submitted with the permit fee as enumerated in
the Village Fee Schedule. The permit fee requirement shall not be
made applicable to telecommunications carriers or public service corporations.
[Amended 2-9-1998 by Ord. No. 1767; 6-22-2009 by Ord. No. 1954]
A.
During the erection, construction, enlargement, alteration,
repair, renovation, moving, removing or demolition of any building
or structure exceeding one story or 20 feet in height, located less
than 10 feet from the street or highway line, or, in exceptional cases,
if required by the Building Inspector, there shall be erected and
maintained a protective canopy roof over walkways and sidewalks, with
the width thereof as required by the Director of Public Works. Such
canopy roof shall be erected as soon as the building or structure
reaches a height of eight feet above established adjacent grade and
shall be maintained until the entire work on the side abutting on
or near the street line is completed. Such canopy roof shall be tightly
boarded and have a clear height of 10 feet above the walkway or sidewalk
and shall be designed and of sufficient strength to carry the load
to be imposed upon it, with the minimum live load calculated to be
not less than 30 pounds per square foot uniformly loaded. The sides
and ends of such roof shall be protected by tight curb boarding not
less than 18 inches high and a railing not less than 36 inches high.
The space under such canopy roof over the walkway or sidewalk and
the approaches thereto shall be kept lighted in an approved manner
with artificial lighting continuous during darkness and at all times
between sunset and sunrise.[1]
Subject to the provisions of § 466-5 hereof, no person, firm, partnership or corporation shall pile, deposit or place, or permit to be piled, deposited or placed, any rubbish, wood, dirt or material, impediment or obstruction of any kind in, upon or over any sidewalk, street, alley or public way or public ground within this Village, or so occupy or obstruct the same as to interfere with the convenient use by the public.
It shall be the duty of every person, firm, partnership or corporation who or which shall engage in the repair or improvement of any street, sidewalk or other public way to keep said street, sidewalk or public way safe and passable at all times, but where the nature of said work necessarily makes travel over such street, sidewalk or public way dangerous, every such person, firm, partnership or corporation shall erect and maintain good and sufficient barriers in accordance with the provisions of § 466-5 hereof to protect the public.
When any street, sidewalk or other public way shall have been barricaded in the manner prescribed in § 466-5 herein, any person who shall proceed upon any portion of said street, sidewalk or public way so enclosed by barriers shall be subject to a penalty as hereinafter provided.
In all new installations of utility service
in replacement of such service, where economically feasible, to be
determined by the Village Board with the advice of the Plan Commission,
all such service shall be laid in underground conduits with all necessary
equipment for protecting such conduit system in accordance with local
and state regulations, and all aboveground poles and wires serving
the same shall be removed.
[Added 11-20-2006 by Ord. No. 1919]
A.
Consistent with the provisions of § 466-5 of this chapter and the procedures and conditions established under this section, no person or entity may place a temporary dumpster or temporary storage unit in or upon any street, alley, sidewalk or other public way or public grounds in this Village without first obtaining a written permit from the Planning and Development Department.
B.
Permits to obstruct the public way issued by the Department
may be approved for the temporary placement of dumpsters or storage
units used during the course of demolition or construction under the
following conditions:[1]
(1)
A permit shall not authorize the use of more than
1/3 of the right-of-way between the curblines and shall be restricted
to the use of that portion of the street right-of-way which is closest
to the curb. No other portion of the right-of-way may be used without
written approval by the Planning and Zoning Administrator, Building
Inspector or their designee.
(2)
A minimum of four feet in width shall be maintained
on all sidewalks requested to be occupied for pedestrian access.
(3)
The permit shall not authorize placement of dumpster
or storage units within 25 feet of any fire hydrant or into any active
traffic lane.
(4)
Dumpsters and storage units shall be clearly marked
with flashers, barricades or reflective tape. Barricades shall not
extend further into the street right-of-way than the width of the
storage unit or dumpsters.
(5)
The applicant or agent shall leave all public ways
and public grounds in as good and clean a condition as the same was
prior the permit issuing; costs for damages, cleaning or maintenance
incurred after a dumpster or storage unit has been removed will be
billed to the applicant.
(6)
Additional measures and restrictions may be imposed
on a case-by-case basis as deemed necessary by the Building Inspector
to protect the public health, safety and welfare.
(7)
Duration of permit. Permits are issued for a maximum
of 40 days.
C.
Application for permit.
(1)
Application for a permit to place a temporary dumpster
or temporary storage unit in the public right-of-way shall be made
on forms provided by the Planning and Development Department and include
the following:
(a)
Name, address and telephone number of the person
or entity.
(b)
The duration of the requested street occupancy.
(c)
A description with particularity of the street
location proposed to be used, including an explanation of current
parking laws applicable there.
(d)
A description of the intended signage, barricades,
warning devices and methods to be employed to maintain safety.
(e)
A certificate of insurance indicating that the
applicant holds comprehensive general liability insurance in the amount
of $500,000 for each individual, $1,000,000 for each occurrence and
$500,000 for property damage.
(f)
A statement indemnifying the Village of Shorewood
and holding it harmless from any liability associated with the placement
of the temporary dumpster or temporary storage unit.
(2)
At the time of application for the permit the applicant
shall pay a fee as designated in the Village Fee Schedule.
(3)
Permit denial.
(a)
No permit shall be issued to any person or entity
to use the right-of-way where the Planning and Zoning Administrator,
Building Inspector or their designee determines that the placing of
the dumpster or storage unit will unreasonably interfere with the
public health, safety and welfare.[2]
(b)
Permits may be denied where there is sufficient
room for the dumpster upon the premises or private property served.
D.
Appeals and penalties.
(1)
Enforcement by municipal citation. The Planning and
Zoning Administrator, Building Inspector or their designee is authorized
pursuant to § 800.02, Wis. Stats., to issue municipal citations
for violations of any of the provisions of this section.[3]
(2)
Appeals. Subject to other provisions of this chapter,
any person aggrieved by an administrative ruling, judgment or decision
may appeal for a hearing before the Board of Appeals within 10 days
after the issuance of such ruling, judgment or decision. A nonrefundable
appeal fee as established in the Village Fee Schedule shall accompany
each and every appeal brought hereunder. The Village Clerk shall give
notice of a hearing to the appellant, to be held within 30 days after
service of the notice on the appellant, said service to be served
either personally or by certified mail addressed to the appellant's
last known address. All other interested parties may be given written
notice of said hearing by regular mail. Upon conclusion of the hearing
held by the Board of Appeals, the Board shall make a ruling. A determination
by the Board of Appeals may be appealed to the Circuit Court of Milwaukee
County as provided by law.
(3)
Penalties. Any person, firm, partnership, limited
liability or corporation found guilty of violating any of the provisions
of this section shall be subject to a forfeiture in a sum not less
than $10 nor more than $2,000 and the costs of prosecution and in
default of the payment thereof shall be imprisoned in the county jail
or house of correction of Milwaukee County for a period not to exceed
90 days. Every day such violation continues shall constitute a separate
offense.
