(1)
Adopted. Pursuant to § 62.23(6), Wis. Stats., the Official
Map of the Village is hereby adopted by reference. The Official Map
and amendments thereto shall be kept in the office of the Clerk-Treasurer
and recorded as required by law.
(2)
Amendments to Official Map:
(3)
Annexations to Village: Ord. Number 31, 96, 121, 166.
(1)
Establishment. The grade of all streets and alleys shall be established
by the Village Board and recorded by the Clerk-Treasurer in his office.
No street or alley shall be worked or sidewalk constructed until the
grade thereof is established.
(2)
Alteration of grade prohibited. No person shall alter the grade of
any street, alley, sidewalk or public ground, or any part thereof,
in the Village unless authorized or instructed to do so by the Village
Board or the Public Works Committee. All such alterations of grade
shall be recorded in the office of the Clerk-Treasurer.
(1)
Permit required. No person shall, without first obtaining a permit
from the Clerk-Treasurer, make any opening in any street, alley, sidewalk
or any public way within the Village. No permit shall be granted when
the ground is frozen unless the Public Works Committee determines
such opening is necessary.
(2)
Application. Application for a permit shall be made on a form supplied
by the Clerk-Treasurer. The application shall be accompanied by a
signed agreement to save the Village harmless from any liability arising
from the work or activity covered by the permit, the fee provided
in sub. (3) below and a written description of the work, including
a sketch designating the trench location.
(3)
Fee. The permit fee shall be $10.
(4)
Insurance. A certificate of insurance evidencing that the applicant
has in force and will maintain during the term of the permit public
liability insurance of not less than $500,000 for any one person,
$1,000,000 for any one accident and $50,000 for property damage.
(5)
Requirements for the protection of the public. Every permittee shall
enclose each opening which he may make in the streets or public ways
of the Village with sufficient barricades and barricade lights in
order to warn the traveling public.
(6)
Excavation, refilling and repaving requirements. The permittee shall
comply with all Village Board rules and regulations governing excavation,
refilling and repaving and shall be responsible for any costs incurred
by the Village. The permittee shall make a determination whether or
not sheathing and bracing shall be required. The permittee shall notify
the Village Board when repaving has been completed. In the event caving
occurs within one year of the completion of the project, the permittee
shall be responsible for restoring the street.
(7)
Emergency excavations authorized. In the event of an emergency, any
person owning or controlling any sewer, conduit or utility in or under
any street may take immediate proper emergency measures to remedy
dangerous conditions for the protection of property, life, health
or safety without obtaining an excavation permit; provided that such
person shall immediately notify the Village President or the Police
Chief and shall apply for an excavation permit not later than the
end of the next succeeding business day.
(8)
Village work excluded. The provisions of this section shall not apply
to excavation work done by Village employees or contractors performing
work under contract with the Village necessitating excavation in Village
streets.
(1)
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 is the owner or occupant, except as provided
in sub. (2) below.
(2)
Exceptions. The prohibition of sub. (1) above shall not apply to
the following:
(a)
Signs or clocks attached to buildings which project not more than
six feet from the face of such building and which do not extend below
any point 10 feet above the sidewalk, street and alley.
(b)
Awnings which do not extend below any point seven feet above the
sidewalk, street or alley.
(c)
Public utility encroachments authorized by the Village.
(d)
Goods, wares and merchandise which do not extend more than three
feet on a sidewalk.
(e)
Building materials when placed upon the street, alley or sidewalk
upon conditions prescribed by the Public Works Committee. It may require
such materials to be protected by barricades or appropriate lights.
(f)
Excavations and openings permitted under sec. 8.03 of this chapter.
(1)
Sidewalks to be kept clear. The owner, occupant or person in charge
of each and every building or structure or unoccupied lot in the Village
fronting or abutting any street shall clean, or cause to be cleaned,
the sidewalk in front of or adjoining each such building or unoccupied
lot of snow or ice to the width of such sidewalk within 24 hours after
the cessation of a snowstorm. When the ice has formed on any sidewalk
so that it cannot be immediately removed, the persons herein referred
to shall keep the same sprinkled with salt, ashes, sawdust or sand.
(2)
Deposit in street prohibited. No person shall deposit, or cause to
be deposited, any snow or ice taken and removed from his premises
or elsewhere upon any sidewalk, alley, parkway, public place or street
in the Village, provided, however, that the removal of snow from a
sidewalk in front of or abutting his premises, as is required in sub.
(1) above, may be deposited on the alley or street. Snow shall not
be piled at or near intersections so as to obstruct the view of pedestrians
or operators of motor vehicles.
(3)
Removal by Village. The deposit of any snow or ice upon any sidewalk,
alley or street of the Village contrary to the provisions of this
section shall be and is declared to be a nuisance and, in addition
to the penalty provided for violation of this section, the Village
may summarily remove any snow so deposited and cause the cost of said
removal to be charged to the owner of the property from which said
snow or ice has been removed. If not paid within 30 days, such charge
shall be extended upon the current or next tax roll as a charge for
current services, as provided in § 66.0627, Wis. Stats.
All utilities and sewer and water mains and service laterals
to the abutting property shall be installed before any street is permanently
surfaced or resurfaced.
(1)
General application.
(a)
The installation of any public improvement shall be an exercise of
the police power of the Village, as may from time to time be determined
by the Village Board, and the property served shall be assessed pursuant
to the provisions of §§ 66.0703 and 66.0701, respectively,
Wis. Stats.
(b)
The total cost of any public improvement to be paid in whole or in
part by special assessment shall include the direct and indirect costs
reasonably attributable thereto including, but not limited to, materials,
supplies, labor, equipment, site preparation and restoration, damages
occasioned by the public improvement, interest on bonds or notes issued
in anticipation of the collection of assessments, and a reasonable
charge for engineering, legal and administrative costs.
(c)
The total assessment for any public improvement shall be based upon
the total cost, as defined in par. (b) above, and shall be apportioned
among the individual parcels benefited. Such apportionment shall generally
be computed on a lineal frontage basis unless the Village Board otherwise
determines that extenuating circumstances require a different method
of apportionment.
(3)
Streets. Streets shall be constructed by the Village in accordance
with specifications established by the Village Board. Street widths
shall be in accordance with the width indicated on the Official Map.
(4)
Curb and gutter.
(a)
Curb and gutter shall be constructed by the Village in accordance
with specifications established by the Village Board.
(b)
Special assessments for all new curb and gutter shall be levied at
100% of the total cost and replacement curb and gutter shall be assessed
at 100% of the total cost.
[Amended by Ord. No. 202]
(5)
Sidewalks.
(a)
The sidewalk shall be located in such places and at such grades as
designated by the Village Board and shall be constructed in accordance
with standards established by the Village Board.
(b)
Special assessments for all new sidewalks shall be 100% of the total
cost and replacement sidewalks shall be levied at 100% of the total
cost.
(1)
Alternate method selected. As provided in § 66.0701, Wis.
Stats., in addition to other methods provided by law, special assessments
for any public work or improvement may be levied by alternate methods.
The Village Board hereby elects to levy such special assessments as
provided in this section.
(2)
Preliminary resolution. Whenever the Village Board shall determine
that any public work or improvement shall be financed in whole or
in part by special assessments levied under this section, it shall
adopt a preliminary resolution setting forth the following:
(a)
Its intent to exercise its police powers for the purpose of levying
special assessments for the stated municipal purpose.
(b)
The limits of the proposed assessment district.
(c)
The time, either before or after completion of the work or improvement,
when the amount of such assessments shall be determined and levied.
(d)
The number of installments in which the special assessments may be
paid, or that the number of installments shall be determined after
the public hearing required by sub. (4) below, and shall be included
in the final resolution.
(e)
The rate of interest to be charged on the unpaid installments or
that the rate of interest will be determined after the public hearing
required by sub. (4) below, and shall be included in the final resolution.
(f)
The terms on which any of such assessments may be deferred while
no use of the improvement is made in connection with the property,
or that such terms will be determined after the public hearing required
by sub. (4) below, and will be included in the final resolution.
(g)
The Village Engineer shall prepare a report as required by sub. (3)
below.
(3)
Report of Village engineer. Whenever the Village Board, by preliminary
resolution, directs the Village Engineer to prepare a report, the
Village Engineer shall prepare a report consisting of the following:
(a)
Preliminary or final plans and specifications for the public work.
(b)
An estimate of the entire cost of the proposed work or improvement,
except that when the Village Board determines by preliminary resolution
that the hearing on such assessments shall be held subsequent to the
completion of the work or improvement, the report shall contain a
statement of the final cost of the work, service or improvement in
lieu of an estimate of such costs.
(c)
A schedule of the proposed assessments.
(d)
A statement that each property against which the assessments are
proposed has been inspected and is benefited, setting forth the basis
for such benefit.
(e)
Upon completion of the report, the Village Engineer shall file a
copy of the report with the Clerk-Treasurer.
(4)
Incorporation of statutory provisions. The provisions of § 66.0703,
Wis. Stats., including those related to notice, hearing and the adoption
of a final resolution shall, to the extent not inconsistent with this
section, apply to special assessments levied under this section.
(5)
Lien. Every special assessment levied under this section shall be
a lien against the property assessed from the date of the final resolution
of the Village Board determining the amount of such levy.
(1)
Permit required. No person shall construct any new driveway across
any sidewalk or curbing without first obtaining a driveway permit
from the Clerk-Treasurer. The applicant for a driveway permit shall
file the application with the Clerk-Treasurer and furnish a drawing
designating his property lines, the location and width of the proposed
driveway and the location of any driveway and street intersection
within 150 feet of the proposed driveway. The measurement above and
elsewhere in this section shall be made from the point where the proposed
driveway intersects with the road or street right-of-way, then along
such road or street right-of-way for the required distance.
[Amended 11-5-2012 by Ord. No. 239-2012]
(2)
Fee. The fee for a driveway permit is $10 and shall accompany the
application.
(3)
Specifications for driveway construction.
(a)
Width. No driveway shall exceed 20 feet in width at the outer or
street edge of the sidewalk unless approved by the Village Board.
(b)
Interference with intersections prohibited. At street intersections,
a driveway shall not provide direct ingress or egress to or from the
street intersection area and shall not occupy areas of the roadway
deemed necessary by the Village Board for effective traffic control
or for highway signs or signals. All applications providing for location
of a driveway within 50 feet of an intersection in residential districts
and 150 feet in commercial and industrial districts shall be submitted
to the Village Board. The Board shall approve or disapprove the granting
of the permit upon determining whether or not such driveway would
be detrimental to traffic control and safety.
(c)
Interference with street prohibited. No driveway apron shall extend
out into the street farther than the face of the curb or roadway surface.
(d)
Number of driveways limited. No more than one driveway shall be constructed
for any residential lot or premises without the approval of the Village
Board.
(e)
Workmanship and materials. All driveway entrances and approaches
which are constructed across sidewalks shall be paved in accordance
with the requirements for sidewalk construction in sec. 8.07(5) of
this chapter. When curb or gutter is removed, the new connection shall
be of equivalent acceptable material and curb returns shall be provided
or restored in a neat workmanlike manner. Driveway surfaces shall
connect with the street pavement and sidewalk in a neat workmanlike
manner.
(4)
Culverts required. The maintenance personnel or the Public Works
Committee shall determine if a culvert shall be required in conjunction
with any driveway construction. The property owner shall be responsible
for the cost of the culvert and installation.
(1)
Permit required. No person shall move any building into or within
the Village without a permit from the Clerk-Treasurer upon 30 days'
notice.
(2)
Application. Application for a permit shall be made on a form provided
by the Clerk-Treasurer.
(3)
Permit fee. For any building that is moved by use of heavy moving
trucks or rollers, the fee shall be $50. For any building that is
moved by the use of common carrier trucks or skids, the fee shall
be $5.
[Amended by Ord. No. 147]
(4)
Bond required. Before a permit is issued, the mover must give a bond
in the amount of $10,000 with good and sufficient sureties to be approved
by the Village Attorney conditioned that the mover shall save the
Village harmless from any liability arising out of the move and shall
restore any street damaged by the move. This provision may be waived
for small buildings.
(5)
Insurance required. Before a moving permit shall be issued, the applicant
shall submit to the Clerk-Treasurer a certificate of insurance evidencing
that the applicant has in force and will maintain during the term
of the permit public liability insurance of not less than $500,000
for any one person, $1,000,000 for any one accident and $50,000 for
property damage.
(6)
Notice to utilities. Prior to the issuance of said permit, the owner
or mover shall certify that he has notified all public utilities whose
lines or poles may be interfered with during the movement of the building.
Such utilities shall take whatever steps are necessary to permit the
building to be moved without damage to its lines and poles and may
charge the permittee the cost thereof.
(7)
Inspection and repair of streets and highways. Every permittee shall,
within one day after reaching his destination, report that fact to
the Village maintenance personnel. The maintenance personnel shall
thereupon inspect the streets and highways over which said building
has been moved and ascertain their condition. If the moving of said
building has caused any damage to the streets or highways, the house
mover shall forthwith place them in as good condition as they were
before the permit was granted. Upon failure of the house mover to
do so within 10 days thereafter to the satisfaction of the Public
Works Committee, the Village shall repair the damage done to such
streets and highways and hold the sureties of the bond given by the
house mover responsible for the payment of the same.
[Added by Ord. No. 124]
As a complete alternative to the requirements established by
§§ 61.54 and 61.55, Wis. Stats., § 62.15
shall be applicable to Village contracts. The authority vested in
the Board of Public Works by § 62.15 shall be exercised
by the Village Board or as delegated by the Village Board.
[Added by Ord. No. 165; amended by Ord. No.
168]
The Village Board shall have the power to regulate its public
parks, parkways, boulevards and pleasure drives and may, in that regard,
exercise all the powers of a board of park commissioners as set forth
in § 27.08, Wis. Stats., and may, further, regulate all
trees within the Village so as to prevent the spread of disease or
pests and to eliminate dangerous conditions pursuant to § 27.09(3),
(4) and (7), Wis. Stats.
(1)
Policy. It is the policy of the Village to regulate the planting,
removal, maintenance and protection of trees and shrubs in the Village;
to eliminate and guard against dangerous conditions which may result
in injury to persons using the public and abutting private areas of
the Village; to promote and enhance the beauty of the Village; to
prevent damage to any public sewer or water main, street, sidewalk
or other public property; to protect trees and shrubs located in public
areas from undesirable and unsafe planting, removal, maintenance and
protection practices; and to guard all trees and shrubs within the
Village against the spread of disease or pests. The provisions of
this section shall apply to all trees and shrubs presently or hereafter
planted in or upon any public area and to all trees and shrubs presently
or hereafter planted in or upon private premises which shall endanger
the life, health or safety of persons or property.
(2)
Definitions.
(a)
CALIPER INCHES — The diameter of a trunk stem measured at six
inches above ground level up to four inches caliper size and measured
12 inches above ground level for larger sizes.
(b)
PROPERTY OWNER — The record owner or contract purchaser of
any parcel of land.
(c)
TREES, SHRUBS AND OTHER PLANTS — All vegetation, woody or otherwise,
except lawn grass and flowers less than 24 inches in height.
(d)
VILLAGE-OWNED PROPERTY — Property within the Village limits
and owned by the Village in fee simple absolute or used for public
parks, parkways, boulevards or pleasure drives or implied or expressly
dedicated to the public for present or future use for the enumerated
purposes or for the purposes of vehicular or pedestrian traffic or
for public easements.
(5)
Tree and shrub planting regulated.
(a)
No person shall plant a tree or shrub on Village property or cause
work to be done by others without first obtaining a written permit
for such work from the Village.
(b)
Any person who applies for a permit shall make the application in
writing on Village forms.
(c)
The permit holder shall be responsible for contacting digger's
hotline to inform them of any excavation necessary to plant trees
or shrubs prior to causing any excavation.
(d)
The minimum size of any tree planted by permit shall be 0.75 caliper
inches.
(6)
Care of trees on Village property.
(a)
No person other than employees of the Village or its agents or contractors
shall:
1.
Trim, prune or remove any healthy tree or shrub or portion thereof
on Village property.
2.
Damage, cut, tap, carve or transplant any healthy tree, shrub or
other plant located on Village property.
3.
Permanently attach any sign, rope, poster or other man-made object
to any tree, shrub or other plant on Village property.
(b)
Notwithstanding the preceding subsection, nothing in this section shall have the effect of relieving the owner of property abutting any park, parkway, boulevard or pleasure drive, which persons are deemed to have a property interest in shade and ornamental trees on and along such parks, parkways, boulevards or pleasure drives from the duty of or liability for failing to remove dangerous trees or tree limbs when the person has, or reasonably should have, knowledge of any nuisance covered under ch. 10 of this Code whether or not such nuisance is actually located or exists upon Village property.
(8)
Interference prohibited. It is unlawful to interfere with Village
employees or contractors during their work marking, removing, planting
or maintaining public trees, shrubs and public nuisances.
(9)
Appeals.
(a)
Unless provided for elsewhere in this Code or by statute, a person aggrieved by the application of the regulations of this section shall have the right to seek the administrative appeal of any determination of the Village Board in the regulation of urban forestry under ch. 6 of this Code.
(b)
A person aggrieved by the application of the regulations of this
section as to any special assessment for the provision, improvement
or change of any park, parkway, boulevard or pleasure drive, shall
be entitled to appeal such determination of the Village Board by seeking
the remedy provided for in § 27.10(4)(f), Wis. Stats.
(10)
Penalty. The penalty for a violation of any provision of this section
shall be a penalty as provided in sec. 8.15 of this chapter.
The penalty for violation of any provision of this chapter shall
be a penalty as provided in sec. 25.04 of this Code. A separate offense
shall be deemed committed on each day on which a violation of this
chapter occurs or continues.
