Village of Orfordville, WI General Regulations

General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the Village.

Grading. Prior to construction, ground on which sidewalks are to be placed shall be brought to within three inches of subgrade by the contractor.

Subgrade. Subgrade shall be three inches of sand fill, thoroughly and uniformly compacted and brought to correct grade before placing of concrete and thoroughly wet down immediately before concrete is placed. Soft and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed.

Concrete. The minimum quantity of cement per cubic yard shall be six ninety-four-pound sacks. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 2,000 pounds compression in 28 days.

Jointing. Expansion joints 1/2 inch thick and four feet wide shall be placed at fifty-foot maximum intervals. At all places where a walk intersects another walk or curbline, a one-half-inch expansion joint shall be placed.

(6)

Slope. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth-inch radius edging tool. Sidewalks shall be constructed within the limits of the street, and, unless otherwise specifically indicated, there shall be a six-inch strip of street property left between the property line and the edge of the sidewalk.

(7)

Width and thickness. Residential walks shall be five feet in width and not less than four inches thick except within driveway approaches, where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width on the effective date of this section. Sidewalks in front of commercial or industrial establishments shall be not less than eight feet in width and five inches in thickness except within driveway approaches, where the minimum thickness shall be seven inches. Where possible, sidewalks shall be located nine feet from the curb. One-half-inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.

(8)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish. All edges shall be rounded. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50º F.) for 96 hours. No concrete shall be poured when the temperature may be expected to fall below 35º F. in any seventy-two-hour period or upon frozen subgrade.

(9)

Curing. Concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.

(10)

Higher standards. Where deemed necessary by the Village, higher sidewalk standards may be required by the Village Board.

Repair or replacement of defective sidewalks. Pursuant to § 66.0907, Wis. Stats., the Village Board may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to so repair or remove and replace such sidewalk within 30 days after service of the notice provided in § 66.0907(3)(c), Wis. Stats., the Village Board shall repair or construct such sidewalk and the Village Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special assessment against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Village Board or its designee shall direct the property owner to make repairs within seven days. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs and the Village Clerk-Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.

Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk, and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

§ 277-3 Excavation permits; insurance and bond requirements.

Permit required. No person, partnership or corporation, or his or its agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ground, public sidewalk or Village-owned easement within the Village of Orfordville without a permit therefor from the Village Board, or its designee, or Village Clerk-Treasurer.

Application for permit. The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Village Board or its designee, at the time the permit is applied for, sufficient information relating to the work to be done, including the general location and nature of the work and the method the applicant proposes to use in doing the work. The Village Board or its designee shall determine if sufficient information is submitted.

Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Village Board or its designee.

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 277-4G for pavement replacement.

Renewal of permit. If operations have begun under an approved permit and will continue beyond the thirty-day validation period, the permittee shall apply for a thirty-day permit renewal by written request to the Village Board or its designee and payment of a renewal permit fee as set by the Village Board. Permit renewals shall be issued at the discretion of the Village Board or its designee.

Village standards; fees.

Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 277-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Fee. The fee for a street opening permit shall be as set by the Village Board plus actual Village expenses. Permit fees shall be paid to the Village Clerk-Treasurer, who shall issue his receipt therefor.

Insurance required. In the case of third-party contractors, a permit shall be issued only upon the condition that the applicant submit to the Village Clerk-Treasurer satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $500,000 per one person and $500,000 for one accident and property damage coverage of not less than $500,000.

Bond.

Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement that he will indemnify and save harmless the Village of Orfordville and its officers from all liability for accidents and damage caused by any of the work covered by his permit and that he will fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one year and that he will pay all fines or forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Village Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village. Such statement shall also guarantee that, if the Village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Village shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

The person who does such restoration shall be responsible therefor for one year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Village in an amount determined by the Village Board.

Whenever the Village Board shall find that any such work has become defective within one year of the date of completion, he shall give written notice thereof to the contractor or to his surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Village Board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Village for the cost of doing the work as set forth in the notice.

An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

§ 277-4 Excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and April 1 except where it is determined by the Village Board or its designee to be an emergency excavation.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Village Board or its designee and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunrise to sunset. No open flame warning devices shall be used. Except by special permission from the Village Board or its designee, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying or left unfilled more than 500 feet from where pipe or conduit has been laid.

All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Village in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.

When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.

Pavement removal.

Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his work and in accordance with all applicable codes and regulations.

If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within, adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Village Board or its designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel to or at right angles to the direction of travel.

The Village Board or its designee may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to ensure a full depth of concrete at the joint.

Excavation.

All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted; gutters shall be kept clear or other satisfactory provisions made for street drainage; and natural watercourses shall not be obstructed.

Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

Backfilling.

All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Village Board or its designee, is unsuitable.

In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Village Board or its designee, hauled in.

Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

Mechanical compaction shall be used on all materials used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM 1557). Compaction or consolidation by flooding shall not be permitted.

All excavations shall be subject to testing by the Village. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.

(6)

When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

Notice. It shall be the duty of the permittee to notify the Village Clerk-Treasurer or Director of Public Works and all public and private individuals, firms and corporations affected by the work to be done at least one business day before such work is to commence. The Village Clerk-Treasurer or Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.

Pavement replacement.

Backfill material shall be left below the original surface to allow for four inches of three-inch crushed stone and four inches of three-quarter-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-quarter-inch crushed stone.

Bituminous pavement shall be placed the full depth of the existing pavement or 2 1/2 inches, whichever is greater. Bituminous pavement shall be placed in a maximum of a one-and-one-half-inch base layer and a one-inch top layer, with each layer compacted to maximum density, and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.

Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. Tie bars shall be installed as directed by Village officials.

In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of three inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.

Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley, easement, way or ground and his or its agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify the Police Department immediately.

Excavation in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Village Board, the Village Clerk-Treasurer shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Village Board or its designee, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.

§ 277-5 Obstructions and encroachments.

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.

Exceptions. The prohibition of Subsection A shall not apply to the following:

Temporary encroachments or obstructions authorized by permit under § 277-6 of this article pursuant to § 66.0425, Wis. Stats.

Building materials for the period authorized by the Building Inspector which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

Excavations and openings permitted under §§ 277-3 and 277-4 of this article.

Standards. Property owners may place certain fixtures on sidewalks which immediately adjoin their property if the following requirements are met:

The property must be located in an area used for commercial uses.

The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building and shall be of a temporary design.

The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three feet at any point.

Removal by Village for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.

Removal by Village for obstruction and encroachments located in the Village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any Village enforcement official determines that a Village street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within 24 hours.

Failure to remove obstruction.

If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the Village Clerk-Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 277-6 Street privilege permit.

When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Village Clerk-Treasurer for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code. The Village Clerk-Treasurer shall request advisory recommendations from the Chief of Police and Building Inspector prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk-Treasurer a bond in an amount determined by the Village President not exceeding $5,000, conditioned that the applicant will indemnify and save harmless the Village from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations. Upon request, the Village Board may waive this requirement.

Fee. The fee for a street privilege permit shall be in the sum as set by the Village Board, plus any actual Village costs.

Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Village Board, Chief of Police or Building Inspector for violation thereof:

Such temporary obstruction shall cover not more than 1/3 of any street or alley.

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.

The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Chief of Police, shall continue during all hours of the day and night.

No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

(6)

Buildings shall be moved only in accordance with the route prescribed by the Chief of Police.

(7)

Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.

Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the discretion of the Village Clerk-Treasurer.

Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall remove or neglect to remove such obstruction within 24 hours after such notice from the Chief of Police or Building Inspector to do so, it shall be the duty of the Chief of Police or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the Village Clerk-Treasurer, who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

§ 277-7 Snow and ice removal.

Responsibility for snow and ice removal. The owner, occupant, or person in charge of each building, structure, or lot in the Village shall remove snow and ice from all sidewalks, including handicap ramps adjacent to such building, structure, or lot; as well as from any fire hydrant upon or directly adjacent to the property to a point no higher than four inches below the lowest outlet hydrant cap and a path thereto from the street. No accumulation of snow or ice may be permitted to remain for longer than 24 hours from the time the snow ceases to accumulate, except in areas zoned C-1 Commercial in which snow and ice shall be removed by 9:00 a.m. Monday through Saturday and by 12:00 noon on Sunday, regardless of whether snowfall has ceased. Sidewalks are to be kept clear of snow and ice to a minimum of four feet in width. If ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant, or person in charge of the building, structure, or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians."

[Amended 3-2-2022]

Notice and removal of snow and ice. If the owner, occupant, or person in charge of each building, structure, or lot in the Village fails to remove snow and ice as set forth in Subsection A, Village law enforcement officers and other designated Village officials and employees shall take the following action:

[Amended 3-2-2022]

Hazardous conditions. If a Village law enforcement officer or other designated Village official and employees determine that failure to remove the snow and ice as set forth in Subsection A creates an immediate danger to the public health and/or safety, they shall cause the issuance of a written notice to the owner, occupant, or person in charge of each building structure, or lot in the Village, directing that the snow and ice be removed within two hours from the delivery of the notice. In the event the property owner, occupant, or person in charge of said building, structure, or lot in the Village is unavailable to receive a written notice, the police officer and other designated Village officials and employees shall immediately cause the removal of the snow and/or ice. The police officer and other designated Village officials and employees shall send a written notice to the last-known address of the property owner providing notification that a hazardous condition existed which required immediate abatement.