Village of Black Earth, WI Streets and Sidewalks

A copy of the ordinance, resolution or order directing laying, removal, replacement or repair of any sidewalk shall be served upon the owner of each lot or parcel of land in front of which such work shall have been ordered by the Village Board by personally delivering the same to the owner or the owner's agent or, in case the owner or his/her agent cannot be found, by posting the notice at a conspicuous place on the premises and by mailing a copy of the notice to the owner at the owner's last known post office address.

If the Village Board adopts a resolution providing for a sidewalk development program, a copy of the resolution shall be served upon the owner of every parcel of land affected. This service shall include a notice of the owner's options under Subsection C(2) below, shall include a statement that the work set forth in the resolution will be done with or without direct cost to the owner, shall be sent to the owner not less than 20 days prior to the expected beginning of construction on the owner's land, shall include a statement of the expected beginning date of construction, and may include such other information as the Village Board deems appropriate.

Sidewalk construction or repair work not included in the sidewalk development program but ordered or required by the Village to be done on short notice shall not be subject to the twenty-day notice provision of this Subsection B.

Expense within sidewalk development program.

When the Village Board has adopted a resolution establishing a sidewalk development program pursuant to Subsection A above, 50% of the cost of any and all sidewalk construction in or along all properties shall be borne by the Village.

In the event that the owner of any land affected by such sidewalk development program resolution wishes to have additional sidewalk work done, such as, but not limited to, constructing a wider sidewalk than is set forth in the resolution or replacing the driveway between the sidewalk and the adjacent street, the owner may, within 10 days of receipt of the notice set forth in Subsection B above, file a written request for such additional work with the Village Clerk-Treasurer. Upon the approval of the Village Board, such additional work may be performed by the same contractor and at the same time as the sidewalk development program work, but the entire cost of such additional work shall be borne by the owner, with no contribution by the Village. The Village Board shall keep an accurate account of the expense of laying, removing and repairing sidewalks in front of each lot or parcel of land where such extra work is to be done and shall report the same to the Clerk-Treasurer. The Clerk-Treasurer shall bill out the costs of any owner to said owner. If the same is not paid, this fact shall be reported to the Village Clerk-Treasurer, and the amount charged to each lot or parcel of land shall be entered by the Clerk-Treasurer in the tax roll as a special tax against said lot or parcel of land and shall be collected in all respects like other taxes upon real estate.

Other sidewalk construction. Upon requesting and receiving a sidewalk construction permit, in the manner set forth in § 236-2C, the owner of any land, or the owner's agent or employees, may construct, repair or reconstruct a sidewalk upon the owner's property or right-of-way abutting the owner's property in accordance with the terms of the permit, but the entire cost of such construction, repair or reconstruction shall be borne by the owner, with no contribution by the Village. The Village has the right to inspect the construction, repair or reconstruction work to determine whether it complies with the permit granted and other ordinances of the Village and may order that any work deemed to be not in compliance be repaired, replaced or otherwise brought into compliance at the owner's expense.

§ 236-2 Sidewalk specifications.

Grade. In all cases where the grade of a sidewalk shall not have been specially fixed by the Village Board, the sidewalk shall be laid to the established grade of the street.

Construction specifications. Sidewalk construction specifications may be established from time to time by resolution of the Village Board. Said specifications may be different for different streets.

Permit required. No person shall construct, repair or reconstruct any sidewalk within the Village of Black Earth without first obtaining a permit therefor from the Village Clerk-Treasurer. The application for the permit shall include at least the following information: an identification of the property on or abutting which the work is to be done; a statement of whether there is an existing sidewalk on or abutting the property; a general description of the work to be done; and, if a new sidewalk is to be constructed, the width, length and thickness of the proposed sidewalk, its distance from the existing street or curb and gutter, the material from which it is to be constructed, and its grade. The permit may be issued in a form which requires modifications of the plans for the proposed sidewalk when such modifications are reasonably related to the orderly development of sidewalks within the Village.

§ 236-3 Driveways.

Driveways across sidewalks.

Commercial. Any person who shall construct or maintain or repair any driveway across any commercial sidewalk shall be responsible for the full cost of maintenance, construction or repair of that portion of the sidewalk crossed by the driveway.

Residential. Any person who shall construct, maintain or repair any driveway across any residential sidewalk shall be responsible for 100% of the cost of maintenance, construction or repair of that portion of the sidewalk crossed by the driveway.

Interference with intersections prohibited. At street intersections a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Village Board for effective traffic control or for highway signs or signals.

Interference with street. No driveway apron shall extend out into the paved area of a street, and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so construed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with any lawful existing structures on the right-of-way. When required by the Village President to provide adequate surface water drainage along the street, the property owner shall install any necessary culvert pipe. The expense of obtaining and placing said culvert pipe shall be paid entirely by the property owner. Said pipe shall conform to standards determined by the Director of Public Works.

Permittee liable for damage or injury. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When gutter is removed, the new connection shall be of equivalent acceptable material and restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner. Any sidewalk areas which are damaged or inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of this chapter.

§ 236-4 Excavations and openings.

Permit required. No person shall make or cause to be made any excavation or opening in any street or sidewalk within the Village of Black Earth without first obtaining a permit therefor from the Village Clerk-Treasurer. Said permit shall be issued with fee, as established by resolution of the Village Board.

[Amended 1-2-2007 by Ord. No. 07-O-2]

Removal of paving. In opening any street or sidewalk, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing material and, together with excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along the surfaces.

Protection of public. Every person shall enclose with sufficient barriers every excavation or opening which the person makes in the streets or sidewalks of the Village. All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of 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 costs of any appeal, that may result from the neglect by such person or the person's employees to take any necessary precaution against injury or damage to persons, vehicles or property of any kind. No person shall cause any street or sidewalk to be blocked by an excavation or opening for a period of more than 48 hours.

Replacing street and sidewalk surface. In opening any street or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which is deemed not suitable for refilling shall be replaced with approved backfill materials.

Emergency excavations authorized. In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any street or sidewalk and the person's agent or employees may 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 shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit hereunder.

§ 236-5 Obstructions and encroachments.

Obstruction 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 an encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which the person is the owner or occupant, except as provided in Subsection B.

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

Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

Public utility encroachments duly authorized by state law or the Village Board.

(4)

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.

Clear vision areas.

[Added 11-14-2005 by Ord. No. 05-O-13]

Findings. The Black Earth Village Board finds that the high traffic volume on State Highway 14 in the Village presents a threat to human health and safety in the Village. The Village Board further finds that the high volume of motor vehicle traffic through the Highway 14 intersections in the Village creates a significant risk of motor vehicle and pedestrian collisions and accidents. The Village Board also finds that the close proximity of each such intersection to 55 mile per hour speed zones creates a unique safety hazard due to the increased risk of motor vehicles being operated through these intersections while exceeding the posted speed limits. The Village finds that the maintenance of clear visual sight lanes in and around these intersections will improve the safety of these intersections and the general welfare of those using the intersections.

Purpose. The purpose of this subsection is to regulate clear vision areas in order to promote the health, safety and general welfare of the citizens of and visitors to the Village of Black Earth by providing for unobstructed visual sight distances sufficient to allow vehicles approaching, navigating and stopped at certain intersections on State Highway 14 in the Village of Black Earth to adjust speed, take evasive maneuvers, locate and react to pedestrian traffic and otherwise negotiate these intersections safely and comfortably. This subsection is adopted pursuant to the authority granted to the Village in the Wisconsin Statutes, including but not limited to, Chapters 61, 66, 86, 340, 346 and 349, the Wisconsin Constitution and the Village’s police powers.

Definitions. A used in this subsection, the following words and terms shall have the following meanings, unless the context indicates another meaning is clearly intended:

CLEAR VISION AREA

The distance from the intersection for which an approaching driver must have unobstructed sight along both roads of the intersection, and across their included corners, that is sufficient to allow the operators of vehicles approaching the intersection, or stopped at the intersection, to safely carry out whatever maneuvers may be required to negotiate the intersection while maintaining the safety of themselves and their passengers, occupants of other vehicles and pedestrians in the vicinity of the intersection. For the purpose of this subsection, the clear vision area for intersections with State Highway 14 shall be: the area within 48 feet perpendicular to the center line of State Highway 14, extending 200 feet from the center of the intersection with Mills Street in both directions and on both sides of the highway; the area within 48 feet perpendicular to the center line of State Highway 14, extending 200 feet westerly from the center of the intersection with Center Street on both sides of the highway; the area within 46 feet perpendicular to the center line of State Highway 14, extending 200 feet easterly from the center of the intersection with Center Street on both sides of the highway; the area within 35 feet perpendicular to the center line of Mills Street where it intersects State Highway 14, extending 100 feet southerly from the center line of Highway 14 on both sides of the intersecting street; and the area within 35 feet perpendicular to the center line of Center Street where it intersects State Highway 14, extending 100 feet from the center line of Highway 14 on both sides of the intersecting street.

(4)

Requirement for clear vision areas. No person shall encroach upon or in any way obstruct or encumber any portion of a street, alley, sidewalk, right-of-way or other area within a designated clear vision area for State Highway 14. Erection, placement, display or failure to remove any sign, landscaping, vegetation, fence, retaining wall, screening, parked motor vehicle or other structure, whether permanent, temporary or hand-held, shall be an encroachment, obstruction and encumbrance under this section, except as allowed by Subsection A or B or otherwise allowed by ordinance.

§ 236-6 Snow and ice removal.

It shall be the duty of each owner or occupant of any building or ground in the Village of Black Earth to remove from the sidewalk adjacent to the premises, within 24 hours after the end of any snow, sleet, rain, or hail storm, all snow and ice which may have fallen or accumulated thereon during said storm. In case any owner or occupant shall fail to clean such sidewalk within the time specified, it shall be the duty of the Village to have the same cleaned. The Village shall keep an account of the expense of cleaning sidewalks in front of each lot or parcel of ground and shall make a certified report of the same to the Village Clerk-Treasurer, who shall enter this amount against said lot or parcel of land on the next tax roll of said Village as a special tax against the premises.

§ 236-7 Snow removal onto public streets.

[Added 8-4-1998 by Ord. No. 98-O-3]

Property owners are prohibited from allowing any snow, ice, slush or combination thereof to be shoveled, plowed, dumped, pushed or in any manner placed on a public street, alley, sidewalk or thoroughfare in the Village at any time.

Violation penalty. Any person who fails to comply with the provision of this section shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:

First offense. Any person who fails to comply with the provisions of this section shall, upon conviction, forfeit not less than $50 nor more than $200, together with the cost of prosecution, and in default of payment of such forfeiture and cost of prosecution the offender shall be subject to suspended driving privileges.

Second offense. Any person who fails to comply with the provisions of this section shall, upon conviction, forfeit not less than $50 nor more than $200, together with the cost of prosecution, and in default of payment of such forfeiture and cost of prosecution the offender shall be subject to suspended driving privileges.

Third offense. Any person who fails to comply with the provisions of this section shall, upon conviction, forfeit not less than $100 nor more than $200, together with the cost of prosecution, and in default of payment of such forfeiture and cost of prosecution the offender shall be subject to suspended driving privileges.

Payment. All payments received shall be paid to the Dane County Sheriff or his designee and deposited with the Village Clerk-Treasurer, who shall furnish a receipt therefor.

§ 236-8 Curb and gutter.

[Amended 6-6-1990 by Ord. No. 90-O-11]

Whenever the Village Board shall, by resolution, determine that curb and gutter shall be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village of Black Earth, it shall proceed according to § 66.0703, Wis. Stats.

§ 236-9 Tree trimming and sanitation.

Trees to be kept trimmed. Trees standing in and upon any public street or place or upon any lot or land adjacent thereto shall be pruned and trimmed by the owner or owners or occupants of the property on or in front of which such trees are growing so that the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet and a clearance of not less than 10 feet over any other public place and so that no dead, broken or otherwise hazardous branches shall be likely to fall and do injury to the public. Any tree not trimmed as herein provided shall be deemed hazardous.

Hazardous and infected trees. Any tree or part thereof, whether alive or dead, which the Director of Public Works shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the Village or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Director of Public Works shall give written notice to said owner to remedy the situation, which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which such action must be taken, which shall be within not less than seven days nor more than 14 days as determined by the Director of Public Works on the basis of the public safety and welfare. If the owner shall fail to remove, treat, or trim said tree within the time limit, the Director of Public Works shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the Village Clerk-Treasurer, who shall thereupon enter such cost as a special charge against the property. Nothing in this section shall apply to trees infected by Dutch Elm disease, which trees shall be governed by the provisions of Chapter 190, Nuisances, § 190-5 of this Code.

§ 236-10 Violations and penalties.

The penalty for violation of any provisions in this chapter for which no penalty is provided shall be a penalty as provided in Chapter 1, General Provisions, § 1-4 of this Code. A separate offense shall be deemed committed for each day or part thereof during which a violation occurs or continues.

§ 236-11 Street use permits.

[Added 4-6-2005 by Ord. No. 05-O-2]

Purpose. The streets in the possession of the Village are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Village may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this section is enacted to regulate and control the use of streets pursuant to a street use permit to the end that the health, safety and general welfare of the public and the good order of the Village can be protected and maintained. This section is adopted pursuant to the authority granted to the Village in the Wisconsin Statutes, including, but not limited to, Chapters 61, 86, 340, 346, 349 and § 349.185(1).

Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the Village Clerk and shall be filed with the Village Clerk. The application shall set forth the following minimum information regarding the proposed street use:

The name, address and telephone number of the applicant or applicants.

If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.

The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.

(4)

The date and duration of time for which the requested use of the street is proposed to occur.

(5)

An accurate description of that portion of the street proposed to be used, including route map if applicable.

(6)

The approximate number of persons for whom use of the proposed street area is requested.

(7)

The proposed use, described in detail, for which the street use permit is requested.

(8)

The amount of any law enforcement personnel who may be needed for traffic control, or any other anticipated law enforcement needs.

Review by administrative officials. Before any application for a street use permit is considered by the Village Board, the application shall be reviewed by the Village Clerk and forwarded to Public Works and the Police for their recommendation as to the effect that the temporary closing of the street will have on the public safety and traffic movement in the area during the time the street may be closed.

Representative. The person or representative of the group making application for a street use permit shall be present when the Village Board gives consideration to the granting of said street use permit to provide any additional information which is reasonably necessary to make a fair determination as to whether a permit should be granted.

Mandatory denial of street use permit.

An application for a street use permit shall be denied if:

(a)

The proposed street use is primarily for private or commercial gain.

(b)

The proposed street use would violate any federal or state law or any ordinance of the Village.

(c)

The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.

(d)

The application for a street use permit does not contain the information required above.

(e)

The application requests a period for the use of the street in excess of six hours.

(f)

The proposed use could equally be held in a public park or other location.