[Adopted 4-28-2004 as Title 6, Ch. 2, of the 2004 Code]
No owner or occupant shall allow the sidewalk abutting on his/her
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or fail to remove any such rubbish or dirt when notified
to do so by the Village Board or its designee, the Village Board or
its designee may cause the same to be done and report the cost thereof
to the Village Clerk-Treasurer, who shall spread the cost on the tax
roll as a special tax against the premises, pursuant to § 66.0627,
Wis. Stats., or such cost may be recovered in an action against the
owner or occupant. Removal shall occur within 24 hours of receiving
a removal notice from the Village. Such Village notice shall be hand-delivered
or mailed by certified mail to the owner or occupant.
A.
Board may order. The Village Board may determine that sidewalks or
curb and gutter may be constructed, laid, rebuilt or repaired along
or upon any public street, right-of-way or highway within the Village.
The Village Board may determine or change the width or grade of any
street or sidewalk.
B.
Cost of sidewalks.
(1)
New sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 620, Subdivision of Land, of this Code. New sidewalks constructed in existing areas of the Village shall be paid for by the Village as prescribed in § 70-13.
[Amended 3-4-2005; 1-12-2022]
(2)
Replacement of sidewalks.
(a)
The Village of Baldwin determines that, unless otherwise provided
herein, the provisions of § 66.0907, Wis. Stats., shall
apply to all sidewalks located within the Village limits.
(b)
Pursuant to the authority granted in § 66.0907(6),
Wis. Stats., the Village of Baldwin shall keep the sidewalks within
the Village limits in repair. When the Director of Public Works determines
that a sidewalks is unsafe, defective, or insufficient, and after
notice to abutting landowners is provided pursuant to § 66.0907,
Wis. Stats., the Village shall advertise for bids and contract with
the lowest responsible bidder for completion of the work. If the Director
of Public Works determines that 50% or more of the entire sidewalk
adjoining a given parcel of real estate is unsafe, defective or insufficient,
then the entire sidewalk adjoining that parcel shall be replaced.
(c)
A minimum of 30 days' notice of planned repair or replacement
projects will be provided to property owners adjoining sidewalks slated
for repair or replacement. Notice will be sent by first class mail.
If the mailing address of a property owner is unknown, the notice
provided will be a Class 1 notice pursuant to Ch. 985, Wis. Stats.
(3)
Assessment a lien. Any special assessment shall remain a lien on
the premises until paid in full and shall be entered on the tax roll
as a special tax as above provided and failure to pay when due shall
result in the whole balance being immediately due and payable and
collectible as a delinquent tax against the above described property
and that all proceedings in relation to the collection, return and
sale of the property for delinquent real estate taxes shall apply
to such special assessment.
C.
Standard specifications for sidewalk.
(1)
General.
(a)
All sidewalks shall be constructed of masonry meeting Wisconsin
Department of Transportation Standard Specifications, unless otherwise
specified in this section.
(b)
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.
All sidewalks constructed in the Village shall conform to the line
and grade established by the ordinances or resolutions of the Village.
Where no grade has been established as ascertained by the records,
the Village Engineer shall prepare and report a grade for the approval
of the Village Board; and, when the same has been established, the
Village Engineer shall stake out the sidewalk as ordered by the Village
Board. No sidewalk shall be laid under the provisions of this section
until a grade therefor has been established by the Village Board.
(2)
Subgrade. All earth, dirt and material shall be removed to a depth,
not less than eight inches, 10 inches across private driveways, below
the grade line; and the space shall be filled with crushed stone,
sand or gravel. The base shall be left four inches thick after being
tamped, with the stone or gravel to be not larger than 1 1/2
inches in diameter and to be free from dirt, dust and foreign matter.
Soft, porous and unsuitable subgrade material shall be removed and
replaced with sand, gravel, or other satisfactory material, and the
subgrade shall be thoroughly and uniformly compacted and moistened
immediately before the concrete is placed. On embankments, the subgrade
shall extend at least one foot beyond each edge of the sidewalk.
(3)
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 3,500 pounds compression in 28 days. Bituminous sidewalks are
prohibited.
[Amended 1-12-2022]
(4)
Forming. Concrete shall be placed in straight forms of wood or metal
of sufficient strength to resist springing, tipping or other displacement
during the process of depositing and consolidating the concrete. Concrete
shall be placed in the forms on a moist subgrade, deposited just above
the finished grade and consolidated and spaded sufficiently to bring
the mortar to the surface and to prevent honeycombing. It shall then
be struck off level with the top of the forms and finished with wooden
flats. Forms shall be securely fastened, staked, braced and held firmly
to required line and shall be sufficiently tight to prevent leakage
of mortar, and all forms shall remain in place for 24 hours after
pour.
(5)
Jointing, floating and finishing. Soon after screening and while
the concrete is still plastic, the surface shall be floated with wood,
cork or metal floats or by a finishing machine. At all places where
the sidewalk intersects another sidewalk or curbline, a one-half-inch
expansion joint shall be placed. Transverse expansion joints 1/2 inch
thick and four inches wide and five feet long or premolded material
shall be located every 30 feet. Sidewalks must be marked off to make
blocks five feet square and be at right angles to the parallel lines.
Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts
curb and gutter shall have one-half-inch-by-four-inch expansion joints
of premolded material.
(6)
Slope.
(a)
All forms must be approved by the Director of Public Works or
other inspector designated by the Director of Public Works before
concrete is poured. 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. In areas where sidewalks and bikeways are to be laid
to the established grade of the street, the street edge of the sidewalk
or bikeway pavement shall be at an elevation above the top of the
curb determined by a slope of 1/4 inch per foot times the distance
between the curb and the street sidewalk or bikeway edge. All joints
and edges shall be finished with a one-quarter-inch-radius edging
tool.
(b)
In cases where the grade exceeds 15%, steps or special construction
shall be required to fit the existing conditions. Such details shall
be prepared by the Village Engineer and approved by the Village Board
before construction of the walk is started.
(c)
Sidewalks shall be constructed within the limits of the street,
and unless otherwise specifically indicated, there shall be a one-foot
strip of street property left between the property line and the edge
of the sidewalk.
(7)
Width and thickness.
(a)
Residential walks shall be four feet in width, laid six inches
outside property line, but not less than four inches in thickness,
except within driveway approaches, where the minimum thickness shall
be six inches. In the alternative, the Village Board may direct that
reconstructed sidewalks match the width of existing adjacent sidewalks.
(b)
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 six inches.
(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 50° F.) for 96 hours. No concrete
shall be poured when the temperature may be expected to fall below
35° F. in any seventy-two-hour period or upon frozen subgrade.
(9)
Curing and drying. As soon as any of the concrete work herein before
mentioned has been finished and hardened sufficiently to prevent excessive
marring of the surface, it shall be cured and protected against rapid
drying. Failure to comply with this requirement shall be deemed sufficient
cause for suspension of the work. Curing shall be accomplished by
the "Impervious Coating," "Wet Fabric" or "Paper" methods. For impervious
coating or membrane curing, only those materials meeting requirements
of ASTM Spec. C156-44T, "Method of Test for Efficiency of Materials
for Curing Concrete" shall be used. Said specifications are hereby
adopted by reference as if fully set forth herein.
(10)
Cold weather requirements. When the temperature is less than
40° F., all concrete placed in the forms shall have a temperature
between 50° F. and 70° F. and shall meet the requirements
as per Wisconsin Department of Transportation specifications for cold
weather concrete.
(11)
Minor repairs. Nothing in this section shall apply to minor
repairs, the cost of which does not exceed $500; such repairs may
be made at the direction of the Director of Public Works without notice,
and the cost thereof may be charged to the abutting property owner
in the same manner as provided in this section for major repairs.
(12)
Variances.
(a)
Location. Where the location of a sidewalk in accordance with
the specifications established herein would conflict with the location
of trees, or the root systems thereof, a written variance to the specifications
may be issued by the Director of Public Works permitting the sidewalk
to be located so as to eliminate or reduce such conflict. No variance
shall be issued if the public safety or welfare would be adversely
affected thereby. No fee shall be charged for such variance.
(b)
Material. Where the property owner desires to use nonstandard
materials such as brick, aggregate or cobblestone, in the construction
of a sidewalk, a written variance to the specifications established
herein may be issued by the Village Board to permit the use of such
nonstandard material. No variance shall be granted for any portion
of a sidewalk which crosses or is part of a driveway, nor shall a
variance be granted if the public safety or welfare would be adversely
affected thereby. A condition of the granting of a variance under
this subsection shall be the execution and recording of an indemnity
agreement running with the land binding the property owner, his/her
successors and assigns, holding the Village harmless from any liability,
loss or damage resulting from the use of such nonstandard materials.
An application fee as prescribed in the Village Fee Schedule shall
be paid at the time of applying for the variance.
D.
Repair or replacement of defective sidewalks.
(1)
The Village Board may determine that any sidewalk which is unsafe,
defective, or insufficient be repaired or removed and replaced with
a sidewalk in accordance with this section. The existence of any one
or more of the hereinafter enumerated characteristics shall determine
whether a sidewalk is defective or insufficient:
(a)
One inch or more vertical differential between adjacent sharp-edged
individual sidewalk blocks (crack in slab) and between adjacent round-edged
individual sidewalk blocks (joint).
(b)
One-and-one-quarter-inch horizontal distance between adjacent
individual sidewalk blocks.
(c)
Deterioration of the surface to a vertical depth of 1/2 inch
or more within each individual sidewalk block.
(2)
If 50% of a property owner's sidewalk blocks are determined to be
defective or insufficient, the entire sidewalk shall be replaced.
E.
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.
A.
Permit required.
(1)
Permit to be obtained. No person, partnership or corporation, or
their 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 ditch, public ground, public sidewalk or Village-owned
easement within the Village of Baldwin without a permit therefor from
the Clerk-Treasurer or Director of Public Works.
(2)
Fee. The fee for each application for a street opening permit shall
be as prescribed in the Village Fee Schedule, plus a deposit and any
actual Village expenses. A deposit as prescribed in the Village Fee
Schedule is required; the deposit shall be returned less any actual
Village expenses upon completion and written determination by the
Director of Public Works. Applications may be made for multiple street
openings on one application form, at the basic fee; however, each
opening must be listed at the time the application is submitted to
the Director of Public Works or Clerk-Treasurer for approval. Permit
fees shall be paid to the Clerk-Treasurer who shall issue a receipt
therefor. If the street opening is made prior to the receipt of an
approved street opening permit from the Director of Public Works or
Clerk-Treasurer, the application and review fee shall be as prescribed
in the Village Fee Schedule, plus any actual expenses.
(3)
Emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 510-6H, there shall be no permit fee (except any actual Village expenses shall be charged to the permittee), provided the application for the street opening permit is filed with the Director of Public Works or Clerk-Treasurer not later than the next business day in accordance with § 510-6H. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be as prescribed in the Village Fee Schedule, plus any actual Village expenses.[1]
B.
Application for permit. The application for a permit shall be in
writing and signed by the applicant or his/her agent. The applicant
shall submit to the Clerk-Treasurer or Director of Public Works, 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 applicant proposes to use in doing the work.
The Clerk-Treasurer or Director of Public Works shall determine if
sufficient information is submitted.
C.
Exception. The provisions of this section shall not apply to Village
excavation work done under the direction of the Village Board or Director
of Public Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 510-6G for pavement replacement.
E.
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 Clerk-Treasurer or Director of Public Works and payment of a renewal
permit fee as prescribed in the Village Fee Schedule. Permit renewals
shall be issued at the discretion of the Clerk-Treasurer or Director
of Public Works.
F.
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 510-6. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
G.
Insurance. Prior to the commencement of excavation work, a permittee
must furnish the Village satisfactory written evidence that he/she
has in force and will maintain during the life of the permit and the
period of excavation insurance, with the Village of Baldwin named
as an additional insured, as follows:
(1)
Workers' compensation. Workers' compensation with limits as prescribed
by the State of Wisconsin.
(2)
Motor vehicle liability. Comprehensive motor vehicle liability with
limits of $250,000 for injuries to one person and $500,000 for any
one accident and property damage of not less than $100,000. Motor
vehicle liability shall cover owned, non-owned and hired vehicles.
(3)
General liability. Comprehensive general liability, with limits of
not less than $1,000,000 each occurrence. The insurance coverage shall
include the acts or omissions of any contractor, his/her employees,
agents or subcontractors, and include explosion, collapse and underground
liability coverage. A form of blanket contractual liability to indemnify
and save harmless the Village of Baldwin, its officers, agents and
employees from any and all liability for accidents or damage caused
by or arising from any work covered by the permit shall also be included
in such insurance coverage.
(4)
Completed operations and product liability. This policy shall provide
completed operations and product liability coverage for the period
of time set forth in the permit and any extensions thereof and for
a period one year after final completion of the work. Limits of liability
shall be the same as general liability.
(5)
Umbrella policy. The limits of liability mentioned above can be provided
through split limits or through a combination of underlying an umbrella
liability. Limits mentioned are minimum to be provided under any policy
or combination of policies.
H.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must execute and deposit with the Village
Clerk-Treasurer, determined and approved by the Director of Public
Works, an indemnity bond in the sum of not less than $1,000 up to
$10,000, conditioned that he/she will indemnify and save harmless
the Village of Baldwin and its officers from all liability for accidents
and damage caused by any of the work covered by his/her permit, and
that he/she 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/she may make as near as can
be to the state and condition in which he/she 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/she will pay all fines of forfeitures imposed upon him/her
for any violation of any rule, regulation or ordinance governing street
openings or drain laying 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.
(2)
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.
(3)
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.
(4)
Whenever the Village Board shall find that any such work has become
defective within one year of the date of completion, it shall give
written notice thereof to the contractor or to his/her 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.
(5)
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.
I.
Public utilities. All public utilities as defined in § 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 510-6, any and all subsections thereunder, except that a Village public utility as defined within this section shall not be required to post the indemnity bond.
A.
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.
B.
Protection of public.
(1)
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 on Uniform Traffic Control Devices. Sufficient warning
lights shall be kept on from sunset to sunrise. No open flame warning
devices shall be used. Except by special permission from the Director
of Public Works, no trench shall be excavated more than 250 feet in
advance of pipe or conduit laying nor left unfilled more than 500
feet from where pipe or conduit has been laid.[1]
(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 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/her
employees of any necessary precaution against injury or damage to
persons, vehicles or property of any kind.
(3)
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/her 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.
(4)
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 workers or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 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.
(5)
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.
(6)
Trenches adjacent to the roadway left open during nonworking hours
shall be protected with snow fence along the entire trench edge and
shall be marked with flashing barricades at each end.
(7)
No equipment or construction materials may be stored during nonworking
hours within Village roadway right-of-way.
(8)
No steel track construction equipment may be driven on or over paved
Village roadways.
(9)
Prior to beginning any work on Village roadways, the Village Clerk-Treasurer's
office and Director of Public Works shall be given the names and telephone
numbers of at least two contractor employees who may be contacted
during nonworking hours.
(10)
Construction materials spilled or tracked on pavement shall
be immediately swept off by power broom equipment.
(11)
No excavated materials may be stored temporarily or permanently
within Village roadway right-of-way.
(12)
The Village may elect to have the Village or an outside contractor
make the pavement repair for any street or sidewalk opening, 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.
C.
Pavement removal.
(1)
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/her work
and in accordance with all applicable codes and regulations.
(2)
Precautions shall be taken to prevent damage to road pavements. Sheathing
and bracing or the use of a portable trench box should be used to
prevent undermining of material below the existing pavement. If damage
is done to the pavement, it shall be restored.
(3)
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
Director of Public Works shall, on the basis of an on-site inspection,
approximate the boundaries of the pavement replacement area.
(4)
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 with or at right angles to the direction
of travel.
(5)
The Director of Public Works 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 insure a full depth of concrete at the joint.
D.
Excavation.
(1)
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.
(2)
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.
E.
Backfilling.
(1)
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, in the opinion of the Director of Public Works, is unsuitable.
(2)
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 Director of Public Works,
hauled in.
(3)
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.
(4)
Backfill of excavated area shall have the same cross-section composition
as the existing roadbed.
(5)
When allowed by the Village, mechanical compaction may 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).
(6)
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.
(7)
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.
F.
Notice. It shall be the duty of the permittee to notify the 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 Clerk-Treasurer
or Director of Public Works shall also be notified at least four hours
prior to backfilling and/or restoring the surface.
G.
Pavement replacement.
(1)
Backfill material following the cross-section of the existing roadbed
shall be left below the original surface to allow for appropriate
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.
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement, provided a minimum three-inch depth is achieved. Bituminous
pavement shall be placed in a minimum of a one-and-one-half-inch base
layer and a one-and-one-half-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 one-quarter-inch as measured with
a ten-foot straight edge. If hot mix is temporarily not available,
the hot mix shall be temporarily replaced with cold mix. The cold
mix shall be removed and replaced with hot mix upon availability.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement. 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.
(4)
All permanent restoration of street, curb and gutter shall be of
the same type and thickness as the curb and gutter which abuts. The
grade of the restored curb and gutter shall conform with the grade
of the existing adjacent curb and gutter. Existing grass and terrace
areas shall be covered with a minimum of four inches of topsoil. Topsoil
shall be seeded with perennial grass seed at a rate of three pounds
per 1,000 square feet.
(5)
All permanent restoration of driveways and sidewalks shall conform
to the manner of construction as originally placed and to the lines
and grades as given by the Village Engineer. No patching of concrete
driveway areas will be allowed between joints or dummy joints.
(6)
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.
(7)
When a street is reconstructed, utility laterals shall also be installed,
including sump pump laterals, even if not immediately needed.
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/her 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 Village office immediately.
I.
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 Clerk-Treasurer shall notify
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.
J.
Repair by Village. The Village may elect to make the pavement repair
for any street or sidewalk opening, 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. In the event such charges are
not paid within 90 days of actual notice of the same having been furnished
the applicant and owner of the premises for which said permit was
issued, it shall become a lien against said premises and thereafter
be assessed and collected as a special tax.
A.
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/she is the owner or occupant, except as provided in Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 510-8 of this article pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Director of Public
Works 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.
(4)
Signs or clocks attached to buildings which project outward from
properties not more than six feet from the face of any such building,
unless otherwise approved and which do not extend below any point
10 feet above the sidewalk, street or alley, unless otherwise approved
by the Village Board.
(5)
Awnings which do not extend below any point seven feet above the
sidewalk, street or alley.
(6)
Public utility encroachments authorized by state law or the Village
Board.
(7)
Goods, wares, merchandise or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided that
such goods, wares, etc., do not remain thereon for a period of more
than four hours.
C.
Standards. Property owners may place certain fixtures on sidewalks
which immediately adjoin their property if the following requirements
are met:
(1)
The property must be located in an area used for commercial uses.
(2)
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.
(3)
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.
D.
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/she 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.
E.
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/she
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.
F.
Failure to remove obstruction.
(1)
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 Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the 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.
A.
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 Board or for the purpose of encumbering the street,
alley, sidewalk or way with materials necessary in and about the construction
or demolition of any building or structure, provided such applicant
has complied with the other requirements of this section and has obtained
a building permit if required by this Code. The Village Board shall
request advisory recommendations from the Director of Public Works,
Chief of Police and/or Building Inspector prior to issuance of the
permit. Village officials may attach conditions to the permit, including
proof of liability insurance.
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the Village Board a bond in an amount
determined by the Director of Public Works not exceeding $10,000,
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 operations. Upon request, the Village Board may
waive this requirement.
C.
Fee. The fee for a street privilege permit shall be as prescribed
in the Village Fee Schedule, plus any actual Village costs.
D.
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, or
removal of buildings or structures and shall be given upon the following
terms and conditions and subject to revocation without notice by the
Village President, Director of Public Works, Chief of Police, or Building
Inspector for violation thereof:
(1)
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
(2)
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
(3)
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.
(4)
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.
(5)
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.
E.
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
Board.
F.
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 Village Board to do so, it shall
be the duty of the Village Board to remove such obstruction and make
return of the costs and expenses thereof to the 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.
A.
Removal from sidewalks. Within 24 hours after the cessation of any
fall of sleet or snow, it shall be the duty of the owners and/or the
occupants of any lot or parcel of land in the Village of Baldwin to
remove, or cause to be removed, the snow or sleet from any and all
sidewalks adjacent to the premises of such owner or occupant, and
to keep the same free and clear of snow and ice for the full width
of the sidewalk. When ice is formed on the sidewalk so that it cannot
be removed, it shall be kept sprinkled with ashes, salt, sand or like
material.[1]
B.
Failure to remove. In case of failure or neglect of any owner or occupant of any land or parcel of land to remove the snow or sleet (ice) from sidewalks as specified in Subsection A within the time set forth in said subsection and, after 24 hours after the cessation of any fall of snow, the owner or occupant has failed to remove such snow from sidewalks as specified in Subsection A, the Director of Public Works shall remove or cause the snow or sleet (ice) to be removed from any and all sidewalks and cross-sidewalks that may be so neglected by the owner or occupant, and a fee established by the Village Board shall be assessed against the owner or occupant for the cost and expense of moving such snow or sleet (ice). In the event a property owner has not paid all bills relating to ice or snow removal by the time that real estate taxes and other special charges are levied, the Clerk-Treasurer shall enter in the tax roll as a special tax against the real estate involved the total unpaid charges for ice and snow removal for the previous year. The ice and snow removal charges shall be collected in all respects like other taxes upon real estate and interest shall accrue thereon in like manner.
C.
Snow and ice not to encroach. No person shall push, shove or in any
way deposit any snow or ice onto any public streets, alley, sidewalk
or public lands dedicated to public use except for parcels or lots
located where existing buildings are constructed within five feet
of the street right-of-way and the sidewalks exist from the Village
right-of-way to the curbline. In such instances, the owners, occupants
and/or employees of parcels or lots shall be permitted to deposit
snow and ice from their sidewalks onto the public streets.
[Amended 3-13-2013]
D.
Enforcement. All sworn police officers and other designated Village
officials and employees are hereby authorized and directed to enforce
the provisions of this section.
E.
Continued violations. Each twenty-four-hour period where a violation
occurs shall constitute a separate offense under this section for
enforcement purposes. Repeated violations or subsequent additional
accumulations of snow and/or ice shall not nullify any pending notice
issued under this section. Failure to remove snow and ice within 24
hours shall also constitute a public nuisance and subject responsible
persons to the penalties applicable for violation of Village public
nuisance ordinances.
F.
Notice to owner and abatement after notice. One notice per winter season may be served by the Director of Public Works or designated person to the owner or occupant of the premises where such snow and ice has not been removed within the time established under Subsection A. Such notice shall direct the owner or occupant of the premises to remove the snow/ice within 24 hours of receipt of said notice. Failure of the owner, occupant or person in charge of any parcel or lot to remove snow and/or ice within the time established under Subsection A and after receipt of notice, shall result in a citation being issued to violators and/or the Village causing the removal of said snow and/or ice and billing the cost thereof pursuant to Subsection G below.
[Amended 12-10-2014]
G.
Expense. An account of the expenses incurred by the Village to abate
the snow and/or ice hazard shall be kept and such expenses shall be
charged to and paid by the parcel or lot owner. Said expenses shall
be not less than the amount prescribed in the Village Fee Schedule.
Notice of the bill for the removal of snow and/or ice shall be mailed
to the last known address of the owner of the parcel or lot and shall
be payable within 10 calendar days from the receipt thereof. Within
30 days after such costs and expenses are incurred and remain unpaid,
the Clerk-Treasurer shall enter those charges onto the tax roll as
a special tax as provided by § 66.0627, Wis. Stats.
B.
Noxious weeds; paving. All that part of a residential terrace not
covered by a sidewalk shall be kept free and clear of all noxious
weeds and shall not be paved, surfaced or covered with any material
which shall prevent the growth of plants and shall be maintained as
a lawn, except in areas specifically approved by the Village Board
or its designee. Basketball backstops, statuary, structures, flagpoles
and other objects shall not be placed in the terrace area.
C.
Responsibility to maintain. Every owner of land in the Village whose
land abuts a terrace is required to maintain, or have maintained by
his/her tenant, the terrace directly abutting such land as provided
in this section and elsewhere in this Code. Every owner shall keep
mailboxes located on a terrace free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by Village property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Village Board on or before September
15 to be considered for installation in the following year.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk, or alley,
or upon any public property or upon any property of another, without
the express permission of the owner of occupant thereof. Such unlawful
material or obstruction may be removed by the Village and the cost
thereof billed to the violator pursuant to § 66.0627, Wis.
Stats.
No person shall in any manner obstruct or cause to be obstructed
the free passage of water in any public gutter, ditch, culvert, swale
or drain or place or cause to be placed any rubbish, dirt, sand, gravel
or any other matter or thing so that the same is likely to be carried
by the elements into any public gutter, ditch, culvert, swale or drain.
Such unlawful material or obstruction may be removed by the Village
and the cost thereof billed to the violator pursuant to § 66.0627,
Wis. Stats.
A.
Numbering system established. There is hereby established a uniform
system of numbering houses and buildings fronting on all streets,
avenues and public ways in the Village of Baldwin, and all houses
and buildings shall be numbered in accordance with the provisions
of this section.
B.
Numbering to begin at base line.
(1)
One hundred numbers to each block. The numbering for each street
shall begin at the base line. The numbers within the first block shall
be from one to 99 and the numbers in each surrounding block shall
increase from the base line in units of 100, namely, the first block
shall be 100 to 199, the second block shall be 200 to 299, the third
block shall be 300 to 399, etc. There shall be assigned 100 numbers
to each block, square or space that would be one block or square,
if streets each way were so extended as to intersect each other, and
one number shall be assigned to each 22 feet of frontage. In blocks
or equivalent space longer than 1,100 feet which is not intersected
by a street, if extended, the total length of space divided by 50
shall be used to determine the feet of frontage assigned to each number.
(2)
Blocks of different lengths. Where blocks of different lengths occur
on opposite sides of a street, the numbers on both sides shall be
assigned on the basis of the shorter blocks, unless the Village Clerk-Treasurer
otherwise determines.
C.
Entrances requiring numbers. All lots and houses on the north and
west side of all streets shall be numbered with odd numbers each commencing
with the 100 assigned to that block, and shall increase from the base
line one number for each 22 feet of frontage or fraction thereof,
except as provided in this section. Where any building has more than
one door serving separate occupants, a separate number shall be assigned
to each door serving a separate occupant, providing the building is
22 feet or more in width. If the building is not 22 feet or more in
width and the entrances are not that far apart, the next consecutive
number shall be marked fractionally. Buildings fronting on two or
more streets shall have a number assigned only to the main entrance,
unless other entrances serve different occupants.
D.
Numbering on streets which do not extend to the base line. All streets
not extending through to the base line shall be assigned the same
relative numbers as if the said street had extended to the said base
line.
E.
Survey and placement of numbers on buildings.
(1)
Survey. The Village Board shall cause the necessary survey to be
made and there shall be assigned to each house and building located
on any street, avenue, alley or highway in said Village its respective
number under the uniform system provided for in this section. When
said survey shall have been completed and each house and building
has been assigned its respective number or numbers, the owner, occupant
or agent shall place or cause to be placed upon each house or building
controlled by him/her the number or numbers assigned under the uniform
system provided for in this section.
(2)
Expense. Such number or numbers shall be placed within 20 days after
the assigning of the proper number. The cost of the number or numbers
or replacement of the number or numbers shall be paid for by the owner.
(3)
Specifications. All numbers used on the exterior of such building
or buildings shall not be less than 2 1/2 inches in height. Each
required address number shall be affixed on the front of the building
in such a location that it may be easily and readily seen by a person
of ordinary eyesight on the public street or highway upon which the
building abuts. Whenever any building is situated more than 50 feet
from the street line, the number of such building shall be conspicuously
displayed at the street line, near the walk, driveway or common entrance
to such building and upon the gatepost, fence, tree, post or other
appropriate place so as to be easily discernible from the sidewalk.
F.
Distinctive numbers for portions of buildings. Where only one number
can be assigned to any house or building, the owner, occupant or agent
of such house or building, who shall desire distinctive numbers for
the upper and lower portion of any such house or building or distinctive
suites of any building, or for any part of such house or building,
fronting on any street, such owner, occupant or agent shall use the
suffix "1," "2," "3," etc., as may be required.
[Amended 7-10-2019]
G.
Plat book. For the purpose of facilitating a correct numbering, a
plat book of all streets, avenues and public highways within the Village
showing the proper numbers of all lots or houses fronting upon all
streets, avenues or highways shall be kept on file in the office of
the Village Clerk-Treasurer. These plats shall be open to inspection
of all persons during the office hours of the Clerk-Treasurer.
H.
Building Inspector to determine numbers. It shall be the duty of
the Building Inspector to inform any party applying therefor of the
number or numbers belonging or embraced within the limits of said
lot or property as provided in this section. In case of doubt as to
the proper number to be assigned to any lot or building, the inspector
shall determine the number of such lot or building.
I.
Duty of the owner. Whenever any house, building or structure shall
be erected or located in the Village of Baldwin after the entire work
of establishing a uniform system of house numbering has been completed,
in order to preserve the continuity and uniformity of numbers of the
houses, buildings and structures, it shall be the duty of the owner
to secure the correct number or numbers as designated from the Building
Inspector for said property and to immediately fasten said number
or numbers so assigned upon said building as provided by this section.
No building permit shall be issued for any house, building or structure
until the owner has procured from the inspector the official number
of the premises.
J.
Violation. If the owner or occupant of any building required to be
numbered by this section shall neglect for the period of 20 days to
duly attach and maintain the proper number on such building, the Director
of Public Works shall serve upon him/her a notice requiring such owner
or occupant to properly number the same, and if he neglects to do
so for 10 days after the service of such notice, he shall be deemed
to have violated this section.
The Village of Baldwin shall not permit any person to use and/or
lease any Village office or public works equipment for private purposes.
An exception to this policy is that Village trucks may be left at
private premises in order to facilitate the loading of brush and stones;
such vehicles shall not be driven or operated by non-Village employees.
A.
In the interests of public safety, health and general welfare, community
appearance, and efficiency of operation, it shall be unlawful to place,
throw, leave, in any way deposit or permit to be deposited, or permit
to remain any dirt, leaves, rubbish, litter, debris or material of
any kind upon any street, sidewalk, alley, drainageway, or public
ground in the Village of Baldwin.
B.
The owner, occupant, or person in charge of private premises who
places, causes or permits to remain any of said materials upon any
street, sidewalk, alley, drainageway or public ground in the Village
of Baldwin shall immediately remove said materials at no cost to the
Village.
C.
The operator of any motor vehicle which tracks, drops, or places any materials upon any street, sidewalk, alley, drainageway or public ground in the Village of Baldwin shall immediately stop and remove said materials at no cost to the Village. In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the deposition of any materials upon any street, sidewalk, alley, drainageway, or public ground in the Village of Baldwin, and which said operator fails to remove said materials as required in Subsection B above, the owner, occupant, or person in charge of said work on said private premises shall remove said materials at no cost to the Village.
D.
In the event the materials are not removed from the street in accordance with Subsection B or C above, the Village shall cause the removal of such materials and shall charge said operator, or said owner, occupant, or person in charge of said work, the cost of the removal. In the event the person charged for said removal fails to pay such costs within 30 days, it shall be entered on the tax roll as a special tax against said property.
A.
In the interests of public safety, health, general welfare, community
appearance, and efficiency of operation, it shall be unlawful in any
way to cause damage, injury, or destruction to any portion or any
fixture of any street, sidewalk, alley, drainageway, or public ground
in the Village of Baldwin.
B.
The person who causes damage, injury, or destruction of any portion
of any street, sidewalk, alley, drainageway, or public ground in the
Village of Baldwin shall immediately stop and notify the Police Department
that he has caused such damage and shall correct said damage within
10 days at no cost to the Village.
C.
In the event the operator of any motor vehicle or equipment which causes damage, injury, or destruction of any portion of any street, sidewalk, alley, drainageway, or public ground in the Village of Baldwin fails to report such damage, it shall be considered a violation of this section. In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the damage of any portion or fixture of any street, sidewalk, alley, drainageway, or public ground in the Village of Baldwin, and which said operator fails to correct said damages as required in Subsection B above, the owner, occupant, or person in charge of said work on said private premises shall correct said damages at no cost to the Village.
D.
In the event the damages are not corrected within 10 days, the Village
shall cause the correction of said damages and shall charge the operator,
or owner, occupant, or person in charge of said property, the cost
of correcting the damage. In the event the said costs remain unpaid
following 30 days, they shall be entered on the tax roll as a special
tax against said property.
E.
In addition to the costs to correct damages, said operator, or said owner, occupant, or person in charge of said property, shall be subject to a penalty per occurrence as prescribed in § 1-4. Each day after said 10 days that the damages are not corrected shall constitute a separate offense under this section.
The statutory provisions in the following enumerated sections
of the Wisconsin Statutes, exclusive of any provisions therein relating
to the penalties to be imposed or the punishment for violation of
said statutes, are hereby adopted and, by reference, made a part of
this section. Any act required to be performed or prohibited by any
regulation incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutory regulations incorporated herein are intended to be
made part of this section.
66.1035
|
Rights of abutting owners
|
82.19
|
Discontinuance of highways
|
86.03
|
Trees on and adjacent to highway
|
86.04
|
Highway encroachments
|
86.05
|
Entrances to highways restored
|
86.06
|
Highways closed to travel
|
86.07
|
Digging in highways or using bridges for advertising
|
86.105
|
Snow removal in private driveways
|
86.19
|
Highway signs, regulation, prohibition
|
893.83(1)
|
Damages caused by highway defects; liability of municipality
|
All grass clippings from lawn-mowing or other sources shall
not be allowed to accumulate upon any public street or be dumped on
a public right-of-way in such a manner in the Village of Baldwin where
such grass clippings could wash into any storm sewer drainage inlet
in significant quantities.