[Adopted 10-7-1998 by Ord. No. 351 as Title 6, Ch. 2, of
the 1998 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 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.[1]
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.
A.
Permit required.
(1)
Permit to be obtained. No person, partnership or corporation, or
his or its agents or employees or contractors, shall make or cause
to be made any opening or excavation in any public street, public
alley, public way, public ditch, public ground, public sidewalk or
Village-owned easement within the Village of Randolph without a permit
therefor from the Clerk-Treasurer or Street Superintendent.
(2)
Fee. The fee for each application for a street opening permit shall
be in an amount as set by the Village Board, plus any actual Village
expenses. Applications may be made for multiple street openings on
one application form; however, each opening must be listed at the
time the application is submitted to the Street Superintendent 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
Street Superintendent or Clerk-Treasurer, the application and review
fee shall be in an amount as set by the Village Board, plus any actual
expenses.[1]
(3)
Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 314-7H, 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 Street Superintendent or Clerk-Treasurer within two regular business days of the excavation in accordance with § 314-7H. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be in an amount as set by the Village Board, plus any actual Village expenses.[2]
(4)
Surcharge. In addition to any permit fees or Village expenses, a
surcharge shall be levied for any street opening which is in, or disturbs
the paved portion (final surface) of, any public street, public alley,
public way, public ground, public sidewalk or Village-owned easement
within the Village of Randolph. The surcharge shall be determined
as follows:
|
Age of the Final Paving
|
Surcharge
| |
|---|---|---|
|
New pavement to 1 year
|
5 times the permit fee
| |
|
1 year to 2 years
|
4 times the permit fee
| |
|
2 years to 3 years
|
3 times the permit fee
| |
|
3 years to 4 years
|
2 times the permit fee
| |
|
4 years to 5 years
|
1 times the permit fee
| |
|
More than 5 years
|
No surcharge
|
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 Street Superintendent, at the
time the permit is applied for, sufficient information relating to
the work to be done, including the general location and nature of
the work and the method the applicant proposes to use in doing the
work. The Clerk-Treasurer or Street Superintendent 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 Street
Superintendent.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 314-7G 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 Street Superintendent and pay a renewal permit
fee as set by the Village Board. Permit renewals shall be issued at
the discretion of the Clerk-Treasurer or Street Superintendent.[3]
F.
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 314-7. 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 public liability insurance in an amount not less
than $1,000,000 per person and $1,000,000 for property damage. This
may be altered by the Village Board on small contracts. In the event
the permittee claims to be self-insured, then he/she shall place on
file with the Village Clerk-Treasurer a certificate of self-insurance
in the sums set forth in this subsection for personal injury and property
damage, and said permittee shall also execute to the Village an agreement
to indemnify and save harmless the Village from any and all liability
for claims, accidents or damages caused by reasons of operation under
the permit, whether or not the same are caused by the negligence of
the permittee, the Village of Randolph, or any other person, firm
or corporation.
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 an indemnity bond in the sum of $10,000, conditioned
that he/she will indemnify and save harmless the Village of Randolph
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
or 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 § 314-7, and 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 Street
Superintendent, 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.
(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 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 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 workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Street Superintendent 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.
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 this work and
in accordance with all applicable codes and regulations.
(2)
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
Street Superintendent shall, on the basis of an on-site inspection,
approximate the boundaries of the pavement replacement area.
(3)
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.
(4)
The Street Superintendent 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 the opinion of the Street Superintendent, 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 Street Superintendent,
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)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (12 inches maximum) shall be uniformly compacted
to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM 1557). Compaction or consolidation
by flooding shall not be permitted.
(5)
All excavations shall be subject to testing by the Village. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(6)
When the sides of the trench will not stand perpendicular, sheathing
and braces shall be used to prevent caving. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench. At no time
shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Clerk-Treasurer
or Street Superintendent 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 Street
Superintendent shall also be notified at least four hours prior to
backfilling and/or restoring the surface.
G.
Pavement replacement.
(1)
Backfill material shall be left below the original surface to allow
for 12 inches of three-inch crushed stone and six inches of three-fourths-inch
crushed stone, plus the thickness of the required pavement structure.
If paving will not occur as part of the initial street restoration
operation, the balance of the opening to the original surface elevation
shall be backfilled with compacted three-fourths-inch crushed stone.
[Amended 11-6-2006 by Ord. No. 374]
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement or 2 1/2 inches, whichever is greater. Bituminous pavement
shall be placed in a maximum base layer of 1 1/2 inches and a
one-inch top layer, with each layer compacted to maximum density,
and shall consist of Wisconsin Department of Transportation Gradation
No. 1 for the binder course and Wisconsin Department of Transportation
No. 3 for the surface course. The finished surface shall be smooth
and free of surface irregularities and shall match the existing pavement
and any castings or street appurtenances. Allowable deviations shall
be no more than 1/4 inch as measured with a ten-foot straight edge.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent spalling at the saw cut
edge. The surface shall be evenly and completely sealed with a white
pigmented curing compound. The surface shall be protected from traffic
for a minimum of three days. Tie bars shall be installed as directed
by Village officials.
(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.
(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 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 within two regular business days of the excavation
and shall notify the Village office immediately.[1]
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, they 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 § 314-9 of this article pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Clerk-Treasurer,
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.
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 Clerk-Treasurer for the purpose of moving any building or structure
or of encumbering the street, alley, sidewalk or way with materials
necessary in and about the construction or demolition of any building
or structure, provided such applicant has complied with the other
requirements of this section and has obtained a building permit if
required by this Code. The Clerk-Treasurer shall request advisory
recommendations from the Street Superintendent, 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 Clerk-Treasurer a bond in an amount
determined by the Street Superintendent 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
or moving operations. Upon request, the Village Board may waive this
requirement.
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, removal
or moving of buildings or structures and shall be given upon the following
terms and conditions and subject to revocation without notice by the
Village Board, Street Superintendent, 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)
The process of moving any building or structure shall be as continuous
as practicable until completed and, if ordered by the Village Board,
shall continue during all hours of the day and night.
(5)
No building or structure shall be allowed to remain overnight on
any street crossing or intersection or so near thereto as to prevent
easy access to any fire hydrant.
(6)
Buildings shall be moved only in accordance with the route prescribed
by the Village Board.
(7)
Upon termination of the work necessitating such obstruction, all
parts of the streets, alleys, sidewalks or public grounds occupied
under the permit shall be vacated, cleaned of all rubbish and obstructions
and placed in a safe condition for public travel at the expense of
the permittee.
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 Clerk-Treasurer.
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 Randolph
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 Street Superintendent 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). The fee will be charged against the respective lots and parcels of land adjacent to which said work shall be done, as a special tax, and such sum or sums shall be collected in the same manner as other special taxes.
C.
Snow and ice not to encroach. No person shall push, shove or in any
way deposit any snow or ice onto any public street, 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.
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.
F.
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection A 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.
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 $20 nor more than the actual cost of wages and material
required to remove said snow or ice, whichever is greater. 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 § 66.0907(5), 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 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.
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 Randolph, and all houses
and buildings shall be numbered in accordance with the provisions
of this section.
B.
Baselines.
(1)
North/south and east/west streets. Stark Street shall constitute
the baseline for numbering along all streets running north and south,
and High Street shall constitute the baseline for numbering along
all streets running east and west.
(a)
All buildings and lots north of Stark Street shall be known
as located at North High Street and North Columbus Street.
(b)
All buildings and lots south of Stark Street shall be known
as located at South High Street and South Columbus Street.
(c)
All buildings and lots east of High Street shall be known as
located at East Stroud Street.
(d)
All buildings and lots west of High Street shall be known as
located at West Stroud Street.
(2)
Diagonal streets. All buildings and lots on diagonal streets shall
be numbered the same as north and south streets, if the diagonal runs
more from the north to the south, and the same as east and west streets,
if the diagonal runs more from the east to the west.
C.
Numbering to begin at baseline.
(1)
One hundred numbers to each block. The numbering for each street
shall begin at the baseline. The numbers within the first block shall
be from one to 99, and the numbers in each surrounding block shall
increase from the baseline 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.
D.
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 baseline one number for each 22 feet of frontage or fraction thereof, except as provided in Subsection C. 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.
E.
Numbering on streets which do not extend to the baseline. All streets
not extending through to the baseline shall be assigned the same relative
numbers as if the said street had extended to the said baseline.
F.
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
the 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. The numbers used shall be not less than three inches
in height. The numbers shall be conspicuously placed immediately above,
on or at the side of the proper door of each building so that the
number can be seen plainly from the street. Whenever any building
is situated more than 50 feet from the street line, the numbers used
shall be not less than four inches in height and shall be conspicuously
displayed at the street line, near the walk, driveway or common entrance
to such building. No numbers are allowed on mailboxes, fences or gateposts
by the street.[1]
G.
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 for
any part of such house or building, fronting on any street, shall
use the suffix "A," "B," "C," etc., as may be required.
H.
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.
I.
Village Clerk-Treasurer to determine numbers. It shall be the duty
of the Village Clerk-Treasurer 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
Village Clerk-Treasurer shall determine the number of such lot or
building.[2]
J.
Duty of the owner. Whenever any house, building or structure shall
be erected or located in the Village of Randolph 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 the said property and to immediately fasten
the 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.
K.
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 Street
Superintendent 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 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.
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 Randolph.
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 Randolph 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 Randolph 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 Randolph, 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 Subsections B and 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 Randolph.
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 Randolph shall immediately stop and notify the Police Department
that he has caused such damages and shall correct said damages 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 Randolph 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 Randolph, 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 of this Code. 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.
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.
