[Adopted 1-2-1991 as Title 4, Chs. 3 and 4 of the 1991 Code]
A. 
Permit required.
(1) 
No person, partnership, utility 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 road, public alley, public way, public ground, public sidewalk or Town-owned easement or fill or alter any culvert or construct or install additions or extensions to his or its existing facilities within the Town of Cedarburg without a permit therefor from the Town Director of Public Works.
[Amended 10-4-2006 by Ord. No. 2006-11]
(2) 
The utility or contractor shall submit to the Town a written request for a utility construction/street excavation permit and a plan of the proposed alteration, extension or addition, showing its location and details of construction, including specified depth, method of excavation, open cut or augering, provisions of restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit, the utility or contractor agrees to be bound by the regulations of this section and § 279-2.
B. 
Fee. The fee amount for an excavation or opening permit shall be determined by resolution of the Town Board and set forth in the Town schedule of fees. The fee shall be paid at the time of application.
[Amended 10-4-2006 by Ord. No. 2006-11]
C. 
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Town Administrator satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $100,000 per one person and $300,000 for one accident and property damage coverage of not less than $50,000. The Town shall be listed as a third party insured on the policy.
D. 
Bond.
(1) 
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 Town of Cedarburg 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 Town Board for a period of two years, and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Town 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 Town. Such statement shall also guarantee that if the Town 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.
(2) 
The person who does such restoration shall be responsible therefor for two years from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Town in the amount directed by the Town Board.
(3) 
Whenever the Town Board shall find that any such work has become defective within two years of the date of completion, it 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 Town 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 Town for the cost of doing the work as set forth in the notice.
A. 
Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Town Director of Public Works.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Removal of paving. In any opening or excavation, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water.
C. 
Protection of public.
(1) 
Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be kept on from sunset to sunrise. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Town, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet where pipe or conduit has been laid.
(2) 
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 Town 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 his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
D. 
Replacing street surface. In opening any public street, public alley, public sidewalk, public way, public easement or public ground, 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 in the same relation to the remainder as before. All excavated material shall be replaced with approved backfill material. All excavated material and rubbish shall be immediately removed. In refilling the opening, a sand-water slurry, thoroughly mixed by mechanical means, shall be used to backfill the excavation to within 14 inches of the street surface. The remainder of the excavation shall be filled with 10 inches of compacted three-fourths-inch traffic bond crushed limestone topped with four inches of asphaltic concrete pavement of a type specified by the Town Director of Public Works. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Town may elect to have the opening for any street or sidewalk repaired by the Town, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Notice. It shall be the duty of the permittee to notify the Town Administrator, Cedarburg Fire Department, Ozaukee County Sheriff's Department and all private individuals, firms and corporations affected by the work to be done at least 24 hours before such work is to commence. The Administrator shall also be notified at least four hours prior to backfilling and/or restoring the surface.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Validity of permit. Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void and a new permit must be obtained and an additional fee charged. The Town may extend the time limitation for good cause. The utility or contractor shall have present at the site of construction and during the restoration period a copy of the construction plans and Town permit.
G. 
Backfilling. It shall be the duty of the permittee to backfill the opening with sand-water slurry, thoroughly mixed by mechanical means, immediately upon completion of the work and to place at least 10 inches of compacted three-fourths-inch traffic bond crushed limestone and four inches of asphaltic concrete pavement of a type specified by the Town Director of Public Works. It shall be the duty of the permittee to warranty the opening repair for a period of two years after the completion of the work. If the surface repair is found to be defective, it shall be restored within a period of 10 days from notification of the permittee or such longer period as determined by the Town. If the restoration of the defective repair is not completed in the specified time, the Town may restore the surface and bill the permittee therefor.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
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 agents and 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, firm or corporation shall apply for an excavation permit not later than the next business day.
I. 
Excavation in new streets limited. Whenever the Town 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 Town Board, the Town shall notify in writing each person, utility, Town department 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 Town Board, an emergency exists which makes it absolutely essential that the permit be issued.
J. 
Exception. The provisions of this section shall not apply to excavation work done by Town employees or contractors performing work under contract with the Town, except that the safety precautions under Subsection C hereof shall be complied with.
A. 
Obstruction of intersections. No person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more roads, streets or alleys in the Town any hedge, tree, shrub or other growth or object which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. (See § 10-1-90).
B. 
Obstruction of signs. It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign in the Town. It shall be the duty of every owner of such tree, brush, shrubbery or vegetation to remove such obstruction.
C. 
Abatement procedure. Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and the Town Administrator shall notify the property owner in writing, describing the conditions, stating the steps necessary to correct the conditions, and establishing a reasonable time within which the corrective steps shall be taken. In the event that effective steps are not taken within the time specified, it shall be lawful for the Town to abate these conditions to the extent necessary to assure compliance with the foregoing requirements, and the costs thereof may be assessed to the owner.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Trees on and adjacent to highway. If any tree falls from adjacent land into any highway, the owner or occupant of the land shall immediately remove the tree from the highway. It shall be the duty of every highway patrolman, street commissioner or other officer in charge of the maintenance of streets or highways to remove from any highway any fallen tree or trees therein.
E. 
Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark or in any other manner injure any public or private trees, shrubs or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs and hedges for the purpose of and conducive to the benefit and improvement of the owner's land or the highway facility. When it is necessary for trees in a road right-of-way to be removed, the adjacent property owner shall have a right of first refusal to have the wood.
F. 
Fences. No person shall build or reconstruct any fence within the public road right-of-way measured from the center of the road.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall, without the consent of the owner in the case of a private tree or shrub or without written permit from the Town Board in the case of a public tree or shrub, do or cause to be done by others any of the following acts:
(1) 
Secure, fasten or run any rope, wire sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.
(2) 
Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub.
(3) 
Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub, or place cement or other solid substance around the base of the same.
(4) 
Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.
(5) 
Attach any sign, poster, notice and other object on any tree, or fasten any guy wire, cable, rope, nails, screws or other device to any tree, except that the Town may tie temporary "No Parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.
(6) 
Cause or encourage any fire or burning near or around any tree.
B. 
All trees on any parkway or other publicly owned property near any excavation or construction of any building, structure or street work shall be sufficiently warded and protected by those responsible for such work as to prevent any injury to said trees.
It shall be unlawful for any person to throw or deposit any weeds, sod, brush, cans, glass, gravel, stones, boulders, dirt, machinery, garbage or other waste or rubbish in or on the right-of-way of any highway located in the Town of Cedarburg.
[Amended 3-3-1999 by Ord. No. 1999-5; 11-18-2004 by Ord. No. 2004-14; 10-4-2006 by Ord. No. 2006-11]
A. 
Driveways and culverts required. No person, partnership, company or corporation shall, by means of a vehicle, enter or cause to enter any parcel or parcels of land from any Town road or highway, unless a culvert and gravel driveway have been provided for said parcel(s) of land, unless deemed unnecessary by the Town Director of Public Works.
B. 
Driveway/culvert permit required. No person shall, in the right-of-way, construct, repair or reconstruct any driveway or install any culvert without having first obtained a permit from the Town, the fee for which shall be determined by resolution of the Town Board, as set forth in the Town schedule of fees. Such permit shall be issued in a timely manner upon a form provided by the Town. Applications for a permit should be made at least three business days in advance of the intended installation. The Town shall not issue driveway permits for private easements that provide access to landlocked parcels.
C. 
Installation requirements. All driveways installed, altered, changed, replaced, or extended shall meet the following requirements and must be approved as to location by the Town.
(1) 
Openings for vehicular ingress and egress shall be:
(a) 
For residential properties, a minimum of 10 feet at the lot line and a maximum of 25 feet at the roadway.
(b) 
For agricultural properties, a minimum of 18 feet at the lot line and a maximum of 35 feet at the roadway.
(c) 
For commercial properties, a minimum of 35 feet at the lot line and a maximum of 50 feet at the roadway.
(d) 
Unsurfaced access driveways, a maximum of 12 feet at the roadway with only vegetated surfaces allowed.
(2) 
No driveway shall be closer than 75 feet to an intersection of two streets as measured from the intersection of the right-of-way lines. 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 Town for effective traffic control or for highway signs or signals.
(3) 
No part of any driveway or culvert installation shall be located closer than six feet to any lot line or extension thereof.
(4) 
Islands between driveway openings shall be provided with a minimum of 12 feet between all driveway culverts.
(5) 
No driveway apron shall extend out into the street farther than the near edge of the Town road pavement, and under no circumstances shall such driveway apron extend above any road pavement surface. All driveway entrances and approaches shall be so constructed as not to interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way. The driveway surface shall slope away from the roadway pavement at a slope matching the adjacent shoulder or a minimum of 0.02 foot per foot.
(6) 
Driveways shall in all cases be placed wherever possible as to not interfere with utilities in place. Any costs of relocating utilities shall be the responsibility of the property owner. Approval of the Town is necessary for relocating utilities.
(7) 
Driveway pavement materials within the Town right-of-way shall be compatible with adjacent Town pavement material, limiting it to crushed gravel, crushed rock and asphaltic concrete products. Concrete pavements shall end a minimum of 10 feet from the Town road pavement. Oil or petroleum products shall not be used in right-of-way areas where they can be tracked onto and affect the Town roadway. The bottom course of the driveway may be constructed of large-size crushed stones or rock, except along that part adjacent to the culvert pipe, and the upper course, at least, shall consist of medium well-graded crushed gravel or fine-to-medium well-graded crushed rock. In no case shall the granular material or subsequent permanent surfacing be constructed higher than the adjacent highway pavement.
(8) 
The maximum number of driveway openings for vehicular ingress and egress permitted for lots with a continuous road frontage equal to or greater than 150 feet shall be two if the driveways do not meet an arterial road as defined by the Comprehensive Land Use Plan. The maximum number of driveway openings for vehicular ingress and egress permitted for lots with a continuous road frontage equal to or less than 150 feet shall be one. Parcels bordering on more than one nonarterial road may have one improved driveway opening on each road. For all new driveway culvert permits issued after May 9, 2008, the portion of the driveway within the adjacent road right-of-way shall be paved in asphalt within one year of occupancy. The portion of the driveway(s) outside of the right-of-way may be improved or unimproved. Agricultural parcels upon which actual agricultural activities are practiced may average one unimproved driveway opening per field. Road frontage is measured as the continuous length along the right-of-way of a single road.
[Amended 5-7-2008 by Ord. No. 2008-12]
(9) 
All culverts shall be 15 inches in diameter or larger as specified by the Town and as follows:
(a) 
Maximum length shall be 30 feet for residential.
(b) 
Maximum length shall be 50 feet for others or as approved by the Town Director of Public Works.
(c) 
Minimum length shall be 20 feet.
(d) 
Maximum length for unsurfaced access culverts shall be 12 feet.
(e) 
Distance between culvert ends is 12 feet or as approved by the Town Director of Public Works.
D. 
Shared driveway. No person, firm, company, or corporation shall construct or permit to be constructed within the Town any driveway arranged or planned to serve more than one parcel of land used for residential, agricultural or commercial purposes unless approval shall first be obtained from the Town, following approval of the plans (location, width, maintenance, utilities and general plans) for such driveway by the Town Board. A shared driveway may serve a maximum of seven parcels. Parcels with adequate road frontage may have access to the shared driveway. A shared driveway that provides access to a lot shall be no less than 12 feet wide and is required to have a turnout at least every 250 feet for vehicle access and passage. All officially approved shared driveway agreements shall run with the land and shall be recorded in the Ozaukee County Register of Deeds.
[Amended 9-5-2007 by Ord. No. 2007-10; 5-7-2008 by Ord. No. 2008-12]
A. 
Permit required. No person, persons, partnership, company or corporation shall erect or install any structure, sign, fence, lighting, wall, pavement or other vehicle access nor perform or arrange for any construction within or upon the Town highway right-of-way without first obtaining a written permit from the Town, with the exception of a mailbox and boxes installed for the delivery of newspapers.
[Amended 10-4-2006 by Ord. No. 2006-11]
B. 
Mailboxes. Mailboxes shall be installed in accordance with United States Postal Service regulations, except as provided herein. For any new development that has all lots abutting a public highway, mailboxes shall not be clustered (two or more mailboxes per post), and only one mailbox per lot is permitted. For said type of development, mailboxes shall be installed within six feet from the edge of the approach side (or, if exiting the driveway, on the left side) of the driveway for each lot to minimize the safety risk of residents walking in the Town right-of-way. Mailbox supports and attachments shall be strong enough to withstand the pressure and thrust of plowed, wet snow but shall not be so formidable and massive as to damage vehicles and cause serious injury to people who may accidentally strike them.
[Amended 10-1-2008 by Ord. No. 2008-19; 2-4-2009 by Ord. No. 2009-5; 3-3-2010 by Ord. No. 2010-7]
C. 
Existing structures and obstructions. Any existing structure, sign, fence, wall, pavement or other obstruction (including trees) which, in the judgment of the Town, will prevent proper snow removal from the pavement and shoulders or mowing of the ditches of the Town highway shall be removed by the owner or occupant of the adjacent property within 15 days of receiving written notice from the Town. If the owner or occupant does not remove said structure or obstruction within the allotted time, the Town shall remove it or make arrangements to have the obstruction removed and the expense of removal shall be charged to the adjacent property as a special assessment, after notice and hearing.
Any person, persons, partnerships, company or corporation who or which violates any provision in § 279-6 or 279-7 shall pay, when a permit fee is required, double the specified fee and shall remove, alter or correct the installation as ordered by the Town. If the owner or occupant does not correct the installation as ordered by the Town within the allotted time, the correcting of the installation shall be done by the Town and the expense thereof shall be charged to the property as a special assessment, after notice and hearing.
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. The new construction shall be of acceptable material and provided in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner.