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 special charge against the premises, pursuant to § 66.0627,
Wis. Stats., or such cost may be recovered in an action against the
owner or occupant.
[Amended 6-2-2008 by Ord. No. 382]
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 subdivision sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land developer pursuant to Chapter
320, Subdivision of Land, of this Code. New sidewalks constructed in existing areas of the Village shall be paid for by the property owners.
(2) Sidewalk repair and reconstruction. It shall be the duty of the abutting
property owner on each side of the street to construct and repair
and the duty of the abutting property owner to maintain sidewalks
along or upon any street, alley, or highway in the Village of Randolph
as required by the Village Board and to pay the cost thereof.
(a)
When a Village project includes replacement of existing sidewalk,
the replacement costs shall be borne by the Village.
(b)
Corner exemptions. When sidewalk is placed on the long side
of a corner property (the second side, if the frontages on both streets
are equal), a free exemption of 1/3 of the long side shall be allowed.
The maximum corner exemption shall be 60 feet. Only residentially
zoned property shall receive a corner exemption. This exemption shall
be allowed at the time that these improvements are constructed on
at least two sides of the lot. If the improvements are constructed
on one side of the lot and no improvements are installed on the other
side or sides of the lot, the corner lot exemption will be credited
at the time of the installation of the improvements on the second
side.
(c)
Street corner and ramps. The Village will pay 100% of the cost
of new and replacement sidewalks at street corners, including curb
ramps within the Village right-of-way.
(3) Repairs by Village. When Village personnel or a Village contractor
constructs new or repairs/replaces existing sidewalk, all costs incurred
will be recorded and conveyed to the Village Clerk-Treasurer and then
charged to the property owner as a special assessment. Reference § 66.0907,
Wis. Stats.
(4) Assessment a lien. Said 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 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. The cost of the staking by the Engineer shall be charged to
the property owner. 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 2,000 pounds compression in 28 days.
(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
pouring.
(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 of 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-foot 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-by-four-inch expansion joints
of premolded material.
(6) Slope.
(a)
All forms must be approved by the Street Superintendent or other
inspector designated by the Street Superintendent before concrete
is poured. To provide adequate drainage, the sidewalk shall slope
toward the curb at the rate of 1/4 inch per foot of width of sidewalk.
All joints and edges shall be finished with a one-fourth-inch-radius
edging tool.
(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
right-of-way, 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 a minimum of four feet in width and
not less than four inches in thickness, except within driveway approaches
where the minimum thickness shall be seven 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 seven 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 hereinbefore
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 Street Superintendent with prior notice
to the property owner, 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 Street Superintendent 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 blacktop, 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 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
set by the Village Board 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-half-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-fourth-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 80% 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.
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 or 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.
The Village of Randolph 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.
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.
A. Section 66.1035, Rights of abutting owners.
B. Section 82.19, Discontinuance of highways.
C. Section 86.03, Trees on and adjacent to highway.
D. Section 86.04, Highway encroachments.
E. Section 86.05, Entrances to highways restored.
F. Section 86.06, Highways closed to travel.
G. Section 86.07, Digging in highways or using bridges for advertising.
H. Section 86.105, Snow removal in private driveways.
I. Section 86.19, Highway signs, regulation, prohibition.
J. Section 893.83, Damages caused by accumulation of snow or ice.
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 Randolph
where such grass clippings could wash into any storm sewer drainage
inlet in significant quantities.