City of West Allis, WI
Milwaukee County
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Table of Contents
Table of Contents

11.01 General Regulations.

(1) 
Rules by Director of Public Works. In addition to the rules and regulations contained in this Chapter for the construction, use and maintenance of streets, alleys, sidewalks, boulevards, parkways, parks and other public places, the Director of Public Works shall prepare, promulgate and enforce such other rules, regulations and conditions, not inconsistent with this Chapter, as may be deemed useful for the preservation of streets, alleys, sidewalks, boulevards, parkways, parks, other public places, public buildings and all other Departments under the control of the Director.
(2) 
All Permits to be Kept on Job. It shall be the duty of every person, firm, corporation, their agent or employee, to whom a permit is issued under the provisions of this Chapter, to keep at all times said permit on the premises referred to in said permit and the holder of said permit, his agent or employee, shall show said permit upon demand to any Police Officer or authorized representative of the Public Works Department.

11.015 Public Construction by the City Without Bids.

(1) 
With regard to the following classes of public construction or any part thereof, the estimated cost of which does not exceed ten thousand dollars ($10,000), the Board of Public Works may procure all materials and furnish the labor and equipment for such construction and without submitting the same for bids:
(a) 
Construction of streets and alleys, including sidewalks, curbs and gutters and driveway approaches, both concrete or bituminous.
(b) 
Construction of watercourses or storm sewers.
(c) 
Installation of water mains and sanitary sewers and appurtenant facilities.
(d) 
Construction of municipal off street parking lots.
(e) 
Installation of street lights and traffic control devices and appurtenant facilities.
(f) 
Installation of appurtenances in public buildings and upon public grounds, boulevards, parkways and parks.
(2) 
If the estimated cost of any public construction done pursuant to this section exceeds five thousand dollars ($5,000), but is not greater than ten thousand dollars ($10,000), the Board of Public Works shall give a Class 1 Notice, under Chapter 985 of the Wisconsin Statutes, of the proposed construction before the contract for the construction is executed.
(3) 
Whenever any public construction shall be done, pursuant to this section, the Board of Public Works shall keep an accurate account of the cost thereof, including the necessary overhead expense. Upon the completion of such work, said Board shall make a complete report thereof to the Council stating in detail the items of cost and the total cost of doing such work. The City Clerk shall publish such report as a part of the proceeding of the Council.

11.02 Streets and Alleys.

(1) 
Grades. The Common Council shall establish the grades of the streets and alleys in the City of West Allis, and such grades shall be kept on file in the office of the City Engineer. No street or alley shall be worked until the grade thereof is established.
(2) 
Cutting or Altering. No person, firm or corporation shall excavate, open, remove, cut into or in any other manner change any public sidewalk, curb, street or alley without obtaining a permit to do so from the City Engineer. This section is intended to cover all territory beyond the front lot line.

11.025 Discontinuance of Streets and Alleys.

Any person who petitions or requests the Common Council for discontinuance of the whole or any part of any road, street or alley in the City, pursuant to sec. 66.296 of the Wisconsin Statutes, shall accompany said petition or request with a nonrefundable fee payable to the City to defray administrative costs in connection with the proposed discontinuance. The fee shall be as provided in sec. 11.18 of this Chapter.

11.03 Excavations and Obstructions in Streets, Alleys and Sidewalks.

(1) 
Permit and Fees.
[Ord. 6204, 12/5/1995]
(a) 
Permit Required. No person, firm or corporation shall make any excavation in any public street, alley or sidewalk, between front lot lines, for any purpose whatsoever, unless a permit shall first be secured from the City Engineer, and the holder of the permit shall not be allowed to excavate in more than two-thirds (2/3) of the public street between the curb lines or not more than one-third (1/3) of the width of any alley, and shall at all times kept the street, alley or sidewalk open to traffic. Erosion control regulations, as approved by the Common Council, shall apply to all permits.
(b) 
Contractors and Fees.
1. 
The provisions of Section 11.07, including, but not limited to, license, bonding and insurance requirements, are hereby adopted by reference and shall be complied with in work performed under this section, insofar as applicable.
2. 
The fee provided in Section 11.18 shall accompany each application for a permit, except as otherwise provided in this Section. The fee is non-refundable.
(2) 
Fees and Deposits. A deposit shall be made for any excavation, in an amount to be determined by the City Engineer, which shall be commensurate with the cost of restoring the street, sidewalk or alley to its original condition.
The deposit, or any portion thereof, shall not be refunded until after a period of six (6) months following the restoration of the street, sidewalk or alley to its original condition on any semi-improved street, sidewalk or alley; and, shall not be refunded until after a period of one year following the restoration of the street, sidewalk or alley to its original condition on any permanently improved street, sidewalk or alley; and, then and thereafter, only that portion of the deposit exceeding the expenses incurred by the City of West Allis for said restoration shall be refunded.
Any public service corporation, regulated under Chapter 196 of the Wisconsin Statutes, shall be exempt from the provisions of this subsection requiring the payment of fees and deposits, but as a condition of accepting a permit shall save harmless the City and its officers and agents from all and any claims for injury to person or property for acts on the part of any such company, its agents, employees or subcontractors arising from the construction for which the permit was issued.
(3) 
Work to be Done Promptly. When it is necessary to open any street, sidewalk or alley for the purpose of laying gas, water, sewer or other pipes, or for the installation of conduit for carrying electric light, telegraph, telephone or other wires or pipes, or for making water, gas, sewer, steam or other service connections, the holder of such permit shall perform the work promptly without unnecessary delay in a workmanlike manner.
[Ord. 6204, 12/5/1995]
Excavated and surplus materials may not be placed on the surface of any street, sidewalk or alley, but must be loaded directly on a vehicle from the excavation for immediate removal from the site.
Upon completion of said work, the restoration of the street, sidewalk or alley to its original condition shall be done under the direction of the City Engineer directly by the City, or he may, in his judgment, permit the holder of the permit to make said restoration.
All work shall be done in a good workmanlike manner to the satisfaction of the City Engineer.
The holder of said permit shall be responsible for the excavation and replacement and restoration of the street, alley or sidewalk to its original condition. The excavation shall be maintained in a safe and passable condition for all traffic until the street, alley or sidewalk is restored.
(4) 
Excavations.
(a) 
Generally. In making excavations for trenches in streets or alleys paved with a pavement laid on a concrete foundation, the opening in the pavement and foundation must be at least sixteen (16) inches larger in all directions than the size of the trench to be excavated, so that there may be a shoulder of solid earth eight (8) inches in width on all sides of the opening to support the new concrete foundation. Should the sides of the trench cave in during the progress of the work, an additional amount of pavement must be broken out so that the eight (8) inch shoulder may be maintained. Cuts in unimproved streets need only be made the same size as the proposed trench.
(b) 
Exposing Existing Pipes. During the making of the excavation where foreign pipes are encountered, the work shall be conducted so as not to disturb the same and where support is needed they must be supported securely in place by vertical props from the bottom of the ditch, one for every four (4) feet undermined, or such additional supports as may be required by the City Engineer. These props must not be less than two (2) inches by three (3) inches in cross section and have their lower ends on blocking solidly bedded on the undisturbed bottom of the trench or on any concrete or other permanent structure in the trench. In backfilling the trench, the props shall be undisturbed and left in place after back filling has been completed.
(5) 
Backfilling.
(a) 
The trench must be backfilled with sand, gravel or other material approved by the City Engineer and all backfill material must be free of hard lumps of clay or other material which must be considered as stones and will be rejected when over five (5) inches in diameter. Material under the pipe may be settled by tamping or by flushing with water. Materials must be carefully puddled during the process of flushing.
(b) 
After the backfilling under and around the pipe has been completed, the remainder of the trench must then be backfilled, to a point eighteen (18) inches below the level of the finished surface of the street. The backfilling shall be thoroughly flushed and carefully puddled as it is being filled. When the filling is flushed and puddled, it shall remain for a period of at least three (3) days and until it is thoroughly dried out, or as much longer as may be required by the City Engineer to have a solid fill.
(c) 
After the backfilling has thoroughly settled and dried out, the top eighteen (18) inches shall be filled with dry material and thoroughly tamped up to the bottom of the pavement or to the surface of the road on unimproved streets. This dry material shall consist of gravel containing not less than forty percent (40%) of crushed stone screenings. This material shall be thoroughly tamped in layers not exceeding six (6) inches in thickness. If it is possible to do so, the tamping will be omitted and in lieu thereof the eighteen (18) inches of dry filling shall be consolidated with a heavy roller giving a compression of not less than three hundred fifty (350) pounds per lineal inch width of the heaviest roll.
(6) 
Replacing Concrete Foundation. The minimum thickness of the new concrete over the backfilled trench shall be eight (8) inches for trenches up to twenty-four (24) inches in net width of earth excavation. For all trenches of greater width, concrete shall be replaced to a depth of twelve (12) inches over full width of trench, including the eight (8) inch extensions required herein. The new concrete foundation shall be properly mixed in the proportion of one part of cement, two (2) parts of sand, and four (4) parts of stone, said sand and stone to be screened and washed and free from dirt and other impurities.
(7) 
Replacing Surface. The surface pavement shall be replaced using new materials as necessary to restore the surface as nearly as possible to its original condition. Asphalt shall be removed carefully in large slabs and temporary repairs may be made by cementing the slabs back in place until permanent repairs are made by the City, in accordance with City specifications for such work. All refuse and excess dirt and materials shall be removed from the street surface as the work progresses or immediately upon its completion.
(8) 
Notice to City Engineer. Every person making application for a permit to excavate in any street, sidewalk or alley shall give the City Engineer twenty-four (24) hours notice, in writing, of the time when he is to backfill the excavation in any street, sidewalk or alley and the location thereof.
[Ord. 6204, 12/5/1995]
The holder of said permit shall be responsible for the maintenance of said excavation and shall further maintain same in a safe and passable condition for all traffic until the street, sidewalk or alley is restored to its original condition.
When the holder of said permit fails to safely maintain said excavation in any street, sidewalk or alley, then the same shall be maintained and made safe and passable by the City Engineer and the expense thereof charged to the holder of said permit. When excavations and cuts in streets, sidewalks or alley are restored by the City Engineer, the expense thereof shall be charged to the holder of said permit.
(9) 
Liability of Contractor; Barriers. The person or persons to whom a street permit is issued shall assume all liability and responsibility for any and all damages in any manner resulting from such use of said street, alley or sidewalk, and shall, at all times, erect, place and maintain, to the satisfaction of the City Engineer, suitable and proper barriers about and around such excavation of building material, and sufficient lights shall be displayed and maintained during the whole of every night at each excavation, pile of material, fence or other obstruction on any public street, alley or sidewalk, so that the same will be in full view of the public, and placed in such a manner as will effectually safeguard the same against accidents happening or resulting in any manner therefrom. Such person or persons shall indemnify and keep the City of West Allis free and harmless from any claim or damages of any nature whatsoever by reason of the negligence or carelessness of such person or persons, their agent or employee.
(10) 
Duty of Contractor; Warning Lights. It shall be the duty of every person who may receive a contract for the grading, filling, paving and laying of sidewalk, sewer, water mains or doing any repairing or improvement of any street, alley or sidewalk and of every person who shall be engaged in the above named work to remove all dirt or other obstacles deposited by them on any sidewalk, street or alley each day before discontinuing their work and to keep such sidewalk, street or alley during the progress of such work at all times reasonably passable and safe, and that proper guards and barriers are at all times maintained on and about the said work, and that proper warnings and signals are at all times displayed, and that from one-half (1/2) hour after sundown to one-half (1/2) hour before sunrise proper and sufficient lights be placed in and about the said work to give proper warning of its condition to all persons entitled to use the said street, alley or sidewalk.
(11) 
Preventing Use of Streets, Alleys and Sidewalks. Subject to the provisions of Section 7.10(3) of this Code, no person, firm or corporation shall obstruct or impede the free use of or travel upon any part of any street, alley, sidewalk or crosswalk in the City with any carriage, wagon, automobile, truck, sand, gravel, dirt, debris or other article or material whatsoever, and any person who shall violate the provisions of this section shall assume all liability and responsibility for any and all damages which may be sustained by any person or persons by reason of such violation of this section. The Director of Public Works is authorized to order the immediate removal of such article or obstruction and, upon any refusal or neglect so to do, to cause the same to be removed, and the expense of such removal shall be paid by the person or persons responsible for each obstruction.
(12) 
Destroying and Disobeying Barrier Signs. It shall be unlawful for any person, without proper authority, to remove, throw down or cause to be removed or thrown down, any barrier or barricade or any part thereof, or to remove, put out or destroy, or turn out or tamper with, or cause to be removed, put out or destroyed, or turned out or tampered with, any lamp or light, or in any other manner whatsoever, tamper with or molest any lamp or light, barrier or barricade erected or put up in or upon any public ground or public street, and it shall be unlawful for any person to drive by any barrier or barricade erected in any public place or highway by the Director of Public Works, or his authorized agents, or by any other person duly authorized to erect such barrier or barricade, or in any other manner whatsoever, to enter upon any barricaded public place or street, unless he shall first secure a written permit therefor from the Director of Public Works, and, in such case, the barricade shall immediately be replaced.
(13) 
Injuring Trees and Shrubs. No person shall place or maintain upon the ground in a public street, stone, cement, lumber or other substance or material which shall impede the free passage of water and air to any tree or shrub in such street without leaving an open space of ground outside the trunk of said tree or the base of said shrub of an area not less than sixteen (16) square feet. Before depositing any such materials in any street of the City near to trees or shrubs therein, the person so depositing said materials shall place such guards around the trees and shrubs as shall effectually prevent injury to them.
(14) 
Obstructions of Street and Alleys; Branches and Shrubbery. No owner or occupant of any land or real property fronting or abutting on any of the streets or alleys of this City shall suffer or permit any limbs, branches or other part of any tree, shrub or bush to project over any street or alley in the City, unless any such branch or bush so projecting be higher than thirteen (13) feet from the surface of the street or alley.
[Ord. 6154, 4/4/1995]
(15) 
Street Decorations Regulated.
(a) 
Permit Required. No person, firm or corporation shall erect, install or maintain any pennant, light, wreath, figure, advertising display or similar street decoration of the type commonly used in commercial shopping areas during the Christmas season and other similar periods without having first obtained a permit therefor, as herein provided, and in accordance with the terms of this subsection.
(b) 
Duration of Permit. A permit shall be effective for a period of thirty (30) days; provided, however, that the Director of Public Works may extend the period an additional thirty (30) days for cause.
(c) 
Safety Requirements. All street decorations must be securely fastened and otherwise safely erected or installed so as not to constitute a danger to person or property. They shall be placed at such height, at such locations and in accordance with other safeguards and requirements, as are provided in the permit.
(d) 
Bond. Each permittee shall file a bond with the Director of Public Works in the amount of one thousand dollars ($1,000), conditioned to indemnify the City for the cost of removing the street decorations, as hereinafter provided.
(e) 
Liability Insurance. Each permittee shall file proof of liability coverage with the Director of Public Works in the amounts of $50,000-$100,000-$10,000, written by an insurance company licensed to do business in Wisconsin. The policy shall provide for contractual liability coverage for the following indemnity agreement:
"The permittee agrees to indemnify and hold harmless the City from any loss or damage or liability which may result from the issuance of this permit, or from the erection, installation or maintenance of the said street decorations, arising from any cause whatsoever."
(f) 
Revocation. The permit herein provided is for a privilege and is subject to revocation at will by the Director of Public Works.
(g) 
Removal. The Director of Public Works may remove the street decorations upon revocation of a permit or seventy-two (72) hours after the expiration of a permit, and may charge the complete expense of such removal to the permit holder and his bonding company. The amount of the expense, as certified by the Director of Public Works, shall be conclusive.
(16) 
Dumping or Depositing Snow. See Section 11.12 of this Code.
(17) 
(Reserved).
[Ord. O-2004-0016 (repealed), 5/4/2004]

11.035 Regulation of Newspaper Distribution Boxes.

[Ord. O-2004-0016 (added), 5/4/2004]
(1) 
Purpose. The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, appearance, servicing and insuring of newspaper distribution boxes on public rights-of-way so as to:
(a) 
Provide for pedestrian and driving safety and convenience;
(b) 
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress or egress from any residence or place of business, or from the street to the sidewalk by persons entering or exiting parked or standing vehicles;
(c) 
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, benches, hydrants, mailboxes and access to locations used for public transportation purposes;
(d) 
Relocate and/or replace newspaper distribution boxes which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newspaper distribution boxes removed;
(e) 
Maintain and protect the values of surrounding properties;
(f) 
Reduce unnecessary exposure to the public to personal injury or property damage;
(g) 
Treat all newspapers equally regardless of their size, content, circulation or frequency of publication;
(h) 
Maintain and preserve freedom of the press.
(2) 
Definitions.
(a) 
"Newspaper Distribution Box" shall mean any type of unmanned device for the vending or free distribution of newspapers, news periodicals or written materials, including circulars, pamphlets, papers, booklets and any other printed or otherwise reproduced written material which advertises for sale any merchandise, product, commodity or thing or which attracts attention to any business, commercial establishment or other activity for the purpose of directly promoting the interest thereof by sales, private gain or profit.
(b) 
"Public Right-of-Way" means all of the area dedicated to public use existing between property lines adjacent thereto and is intended to include, but not limited to, roadways, streets, parkways, alleys and sidewalks.
(c) 
"Block" means both sides of any street in a public right-of-way which exists between two consecutive intersecting streets and is intended to include, but not limited to, the roadways, streets, parkways, alleys and sidewalks within that right-of-way.
(3) 
Applications.
(a) 
No newspaper distribution box shall be maintained within any public highway or upon any City property, except by permit issued by the Department of Public Works.
(b) 
The applicant shall file with the Director of Public Works a written application for such permit, which shall contain the following information:
1. 
The name, address and telephone number of the applicant who is the owner and/or principal in responsible charge of the newspaper distribution box.
2. 
The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's newspaper distribution box.
3. 
The number of newspaper distribution boxes and names of newspapers or periodicals to be contained in each, including any existing newspaper distribution boxes.
4. 
Site plan showing exact location of each newspaper distribution box and supporting or enclosing structure, including installation and maintenance, and sufficient information to determine that said location complies with the provisions of this article.
(c) 
A finding made by the Director of Public Works whether an applicant is in compliance with the provisions of this article will be made within five (5) working days of the City's receipt of the completed application.
(4) 
Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this article may appeal pursuant to West Allis City Ordinance Section 2.48.
(5) 
Fees.
(a) 
If such application is approved by the Department of Public Works, the permit shall be issued upon payment of fees by the applicant in the amount of thirty dollars ($30.00) per box per year for a new installation, and twenty-five dollars ($25.00) per box per year for a renewal. Additional locations may be added to such permit during the permit year, upon approval of the Department of Public Works and payment of the required fees.
(b) 
All such permits shall commence on December 1 and shall expire on November 30.
(c) 
The fee specified herein has been determined to be the equivalent to be the minimum of processing issuance of such permits and necessary inspections.
(6) 
Bond. No permit shall be issued until the applicant files a bond in the amount of ten thousand dollars ($10,000.00) running to the City and to such parties as may be injured because of installation or maintenance of such newspaper distribution boxes within the public right-of-way or upon City property. There shall be one bond per applicant.
(7) 
Conditions of Permit.
(a) 
All such permits shall be granted only upon the condition that by acceptance of such permit the applicant:
1. 
Shall become primarily liable for damages to person or property by reason of the granting of the privilege;
2. 
Shall be obligated to remove any such newspaper distribution box within ten (10) days' notice by the State of Wisconsin or by the City;
3. 
Shall waive its right to contest in any manner the validity of Sec. 66.0425 of the Wisconsin Statutes, or of this section.
(b) 
It shall be a further condition of any such permit that the City shall not be responsible for any damage to such box or boxes because of snowplowing or removal operations or any other municipal maintenance function.
(c) 
The holder of any such permit shall be entitled to no damages for the removal of any such newspaper distribution box and, if such holder shall not remove the same upon due notice, it shall be removed by the City at the holder's expense.
(d) 
Third parties whose rights are interfered with by the granting of such permit shall have a right of action against the holder of the permit only.
(e) 
Written notice by the City to the person designated in Subsection (3)(b)2 shall constitute proper notice.
(8) 
Placement Generally.
(a) 
In any one block, there shall be no more than twenty-four (24) newspaper distribution boxes of which no more than four (4) newspaper distribution boxes dispensing any one publication. There shall be no more than twelve (12) newspaper distribution boxes of which no more than two (2) newspaper distribution boxes dispensing any one publication on one side of any street between two intersecting streets.
(b) 
Newspaper distribution boxes between intersecting streets may be placed together in groups consisting of one to eight (1 to 8) newspaper distribution boxes. Each group shall be separated by a distance not less than one hundred (100) feet. Each newspaper distribution box within a group shall be separated no more than two (2) feet from each other.
(c) 
Newspaper distribution boxes shall be placed parallel to and not less than twelve (12) inches nor more than twenty-four (24) inches from the face of the curb. Newspaper distribution boxes placed near the wall of a building must be placed parallel to and not more than six (6) inches from the wall.
(9) 
Prohibitions. No newspaper distribution box shall be located:
(a) 
Within ten (10) feet of any marked crosswalk or the curb return of any unmarked crosswalk;
(b) 
Within ten (10) feet of any fire hydrant, fire call box, police call box or other emergency facility;
(c) 
Within five (5) feet of any driveway or alley;
(d) 
Within five (5) feet ahead of and fifteen (15) feet to the rear of any sign marking a designated bus stop measured along the curb of the street;
(e) 
Within five (5) feet of any access ramp for disabled persons;
(f) 
Within the sight triangles of street intersections;
(g) 
Within six (6) feet of a display window or building entrance;
(h) 
At any location where the clear space for the passage way of pedestrians would be reduced to less than five (5) feet by its placement.
(10) 
Maintenance and Repair.
(a) 
Newspaper distribution boxes shall be maintained in good working order at all time, freshly painted, with unbroken hoods.
(b) 
The name, address and telephone number of a person responsible for the newspaper distribution box who may be contacted at any time concerning such box shall be displayed on the hood of the box in such a manner as to be readily visible and readable to a prospective customer thereof. Any newspaper distribution box stand without the necessary identifying information, shall be immediately removed.
(c) 
Each newspaper distribution box shall be maintained in accordance with the terms of this article and the approved permit.
(11) 
Violations.
(a) 
Upon determination by the Director of Public Works, or the Director's designee, that a newspaper distribution box has been installed, used or maintained in violation of the provisions of this section, an order to correct the offending condition shall be issued by posting a copy upon the newspaper distribution box itself and mailing a copy of the order by certified mail to the owner or owner's representative. The order shall specifically describe the offending condition and provide information on the right to appeal. Within fifteen (15) days of the issuance of the order, the owner shall:
1. 
Correct the offending condition; or
2. 
Remove the newspaper distribution box from the public right-of-way; or
3. 
Appeal the determination pursuant to (Section 9, Appeals).
(b) 
If after fifteen (15) days the owner of the newspaper distribution box has not taken any action as prescribed within this section, the offending newspaper distribution box may be removed from the public right-of-way. Notice shall be sent to the owner or owner's representative advising that the newspaper distribution box has been removed and that a fee for this removal shall be assessed against the owner of each newspaper distribution box removed by the City under this section.
(c) 
Upon determination by the Director of Public Works, or the Director's designee, that a newspaper distribution box has been installed, used, or maintained in violation of the provisions of this section, and such conditions constitute a great and immediate danger to the public health and safety, the same shall be considered a public nuisance and shall be abated as such pursuant to Chapter 18 of the West Allis Revised Municipal Code.

11.04 Storage of Materials on Streets, Alleys and Sidewalks.

(1) 
Permit Required. No person, firm, corporation, their agent or employee, shall occupy any portion of any public street or alley, between front lot lines, in the City by depositing building or other material on a public street or alley, without first having obtained a street permit for the temporary occupancy of a part of the public street or alley, from the Director of Public Works.
(2) 
Permit Fee. In addition to the fee herein required, a depository bond, in currency, in an amount to be determined by the Director of Public Works, which shall be commensurate with the cost of restoring the street, alley or sidewalk to its original condition, must accompany each application. The amount of the bond to remain with the Director of Public Works until he is satisfied that the street, alley or sidewalk, has been placed in the condition to which it was prior to the granting of the permit. If within five (5) days after the permit expires, the street, alley or sidewalk is not restored to its proper condition, any or all of the depository bond may be used by the Director in putting the street, alley or sidewalk in condition, and the balance, if any, shall be returned to the holder of the permit upon application being made to the Director.
(3) 
Limits of Street Use. Any temporary occupancy, when between the curb lines, shall not cover more than one-third (1/3) of the public street and in no case more than thirty (30) feet in width in total, or not more than one-third (1/3) of the width of any alley; and, in case there are any railway tracks on the street, no building material, fence or edge of a temporary walk shall be nearer than one-half (1/2) the distance between the curbing and the nearest rail of such track, but in no case nearer such rail than four (4) feet.
The permission granted herein to occupy a public street or alley is extended for use in connection with the actual erection, alteration, repair or removal of structures, construction of concrete sidewalks, etc., and shall permit the holder of a permit to use only that portion of the public street in front of the premises of the structure or concrete sidewalk, etc., in process of construction and not extending beyond the continuation of the lot lines.
(4) 
Sidewalk to be Kept Open. The holder of any street permit shall not interrupt the sidewalk traffic but shall at all times keep open and unobstructed a sidewalk of not less than four (4) feet in width. The sidewalk may be crossed by a driveway to give access to the building site, but any damage that may be done to the sidewalk shall be repaired by the person to whom the permit is issued; and, the sidewalk shall be restored to as good a condition as it was before the permit was issued.
When a building is being constructed or reconstructed, and it shall be necessary to obstruct any sidewalk, or portion thereof, then a sidewalk shall be built temporarily around such obstructed sidewalk, said sidewalk to be not less than four (4) feet wide, and to be perfectly on the level and its approach to be not on a greater slant than one (1) inch per foot and to be built of good substantial material.
(5) 
Disposal of Earth and Rubbish. Earth taken from excavations and rubbish from buildings shall not be stored upon the sidewalks or streets or alleys but must be loaded directly on a vehicle for immediate removal from the site. Where such materials are dry and apt to produce dust when handled, they shall be kept moist to prevent dust. Building rubbish accumulation on upper floors shall be lowered by elevators or some similar device approved by the Building Inspector in closed receptacles or by closed chutes connected directly to vehicles.
(6) 
Sheds, Fences, Guy Wires. On the portion of such public streets or alleys for which a permit has been granted, building material may be stored or used and temporary sheds or fences may be erected for use in connection with the building operations, in such manner as to protect the public. No guy lines shall be less than fifteen (15) feet above the road bed outside of the confines of the street permit. No materials, fence or shed shall be placed in any way that will obstruct free approach to any fire hydrant, street light or public utility poles, manhole, catch basin, fire or police alarm box or any similar operation of the street or alley designated for a particular purpose and to which ready access at all times is necessary. No obstruction shall be placed so that there will be interference with the passage of water in the gutter.
(7) 
Spilling Sand, Gravel, etc. It shall be unlawful for any person, firm or corporation to carry or transport sand, gravel or other material of any kind whatsoever within the City in a wagon or other vehicle of any kind, unless the same shall be securely closed to prevent the contents thereof from falling or being scattered on the street or alley during its transportation.
(8) 
Barricades, Lights, Indemnity. The person or persons to whom a street permit is issued shall assume all liability and responsibility for any and all damage in any manner resulting from such use of said street, and shall, at all times erect, place and maintain, to the satisfaction of the Director of Public Works, suitable and proper barriers about and around such excavation or building material, and sufficient lights shall be displayed and maintained during the whole of every night at each excavation, pile of material, fence or other obstruction on any public street or alley so that the same will be in full view of the public, and in such a manner as will effectually safeguard the same against accidents happening or resulting in any manner therefrom. Such person or persons shall indemnify and keep the City of West Allis free and harmless from any claim or damages of any nature whatsoever by reason of the negligence or carelessness of such person or persons, their agents or employees.
(9) 
Final Clean-Up of Area. Upon the termination of the building operations, the street permit shall cease to exist and all parts of the public street or alley occupied under the permit shall be vacated, cleaned of rubbish or any obstruction, and placed in a safe condition for public travel. All costs, charges and expenses through lawsuits, or cost of restoring the street, alley or sidewalk to its original condition shall be chargeable to the one receiving the permit.

11.05 Littering of Streets.

(1) 
Vehicular Travel Causing Litter.
[Ord. O-2016-0046, 10/18/2016]
(a) 
No person shall operate a vehicle within the City that litters, spills, dumps, blows, or in any way deposits its contents onto any City street, alley, gutter, sidewalk, or public place. This prohibition includes debris or materials that are deposited on any City street, alley, gutter, sidewalk, or public place by the tires or wheels of a vehicle. Contents include but are not limited to construction debris, mud, dirt, rocks, sand, gravel, sticky substances, liquid, noxious materials, foreign matter of any kind, or any debris that may cause damage to other vehicles, pedestrians, or public place.
(b) 
In the event of continuing deliveries to or hauling from a premises or site which activity creates litter and which activity is continuous for the greater part of a working day (8 a.m. to 5 p.m.), special permission may be granted to remove such litter as may be deposited on the streets immediately adjacent to the premises or site after the end of the working day, but in no event later than 6 p.m. Under this subsection, the general contractor, if the litter is caused by building or construction work, or other waste, the owner of the premises or site to which or from which the hauling is done, shall be responsible for cleaning up any and all litter.
(c) 
All persons, firms and corporations being the owners of or in possession of property, the level of which is higher than the abutting public walk, shall use and maintain such property in a manner which will prevent dirt, mud and other foreign substances from being deposited on the public sidewalk.
(d) 
Any person violating the provisions of this section shall be subject to the penalties provided and, in addition, shall pay all expenses of removal of litter carried onto or deposited in any street, alley or other public place.

11.06 Use of Heavy Construction Machinery.

(1) 
Permit Required. No power shovel, concrete mixer, sewer digger, trench machine, tractor with caterpillar type tracks with or without lugs or cleats, nor any similar machine having caterpillar type tracks, lugged wheels, flanged wheels, metal disk wheels, metal bevelled wheels or wheels of any type, other than pneumatic rubber tired wheels, except a road roller, shall be driven or operated or moved in any manner upon any street, alley, crosswalk, sidewalk or public place in the City of West Allis, unless a permit shall first be secured from the City Engineer.
(2) 
Routes and Regulations. Such permit shall be issued only upon the removal of any caterpillar type tracks, flanges, cleats, lugs or other parts, which tend to damage streets, alleys, crosswalks, sidewalks or public places, or upon the furnishing of planking or other protection adequate, in the judgment of said City Engineer, to protect the said street, alley, crosswalks, sidewalks or other public places. The City Engineer shall specify in the permit the route to be taken, the parts to be removed and the planking or protection to be rendered to the streets and places previously enumerated, and it shall be unlawful to deviate from said route or to drive or operate or move in any manner said machinery, except as provided in said permit.
(3) 
Overnight Safety Rules. Whenever it shall be necessary to leave or park any power shovel, concrete mixer, sewer digger or other similar machine in any public street or alley, between sunset and sunrise, a street permit shall be obtained from the City Engineer by the owner or operator of said machine and he shall further erect and maintain proper barricades, warnings and lights, as provided in Section 11.04.

11.07 Sidewalks.

(1) 
Construction and Repair. The provisions of the Wisconsin Statutes relating to the construction, improvement and repair of sidewalks, so far as applicable to the City, are hereby adopted by reference thereto.
(2) 
Standard Sidewalks.
(a) 
Uniform Specifications. Upon all streets which are improved by grading, paving, macadamizing and curbing, there shall be laid a standard sidewalk of stone or concrete in accordance with such specifications as may be formulated by the Board of Public Works.
All new concrete sidewalks laid shall be constructed in accordance with the standard specifications and regulations of the City of West Allis covering construction of concrete sidewalks.
(b) 
Concrete. Concrete is hereby designated as the standard material for the construction of all new sidewalks on all streets in the City of West Allis, excepting that the City Engineer may, whenever it is impractical to lay a concrete walk on account of excessive cut or fill which may be necessary on an unimproved street, allow such other type of walk to be laid as he deems advisable.
(c) 
Expansion Joints. No person, firm or corporation shall construct a sidewalk on any street without providing a one (1) inch expansion joint extending the full depth and width of adjacent concrete where the sidewalk abuts the curb, and at both sides of concrete driveways. Where long sidewalk pours are involved, the maximum distance between expansion joints shall not exceed seventy-five (75) feet. Expansion joint material shall also be furnished at all locations where the sidewalk abuts a building or other fixed construction.
Expansion joint material shall be a non-extruding type of material and shall conform to the requirements for "Bituminous Fiber Type" expansion joint material, American Association of State Highway Officials Designation M-59.
(3) 
Concrete Contractors.
(a) 
Application for License. Any person, firm or corporation engaged in constructing, altering or repairing sidewalks made of concrete or other like materials, shall, prior to entering into or engaging in any such work, secure from the City Engineer, upon an application duly made, a license authorizing such person, firm or corporation to do such work.
Such application shall state the name and place of business of the applicant and shall contain a statement agreeing to abide by the regulations and specifications adopted by the Board of Public Works, and to obey all ordinances of the City of West Allis in relation to work of sidewalk construction. Said application shall also contain a statement signed by two (2) reputable citizens, vouching for the character, integrity and business capacity of the applicant.
(b) 
Bond Required. Before receiving a license, the applicant shall file, in the office of the City Engineer, a surety bond, to be approved by the City Engineer in the sum of three thousand dollars ($3,000), conditioned that for a period of one (1) year from the date of completion of any work during the licensed year, said applicant or licensee shall replace and restore to the specifications of the City Engineer the sidewalk, driveway and/or street or other public ground, and shall replace and restore any imperfect work which may be discovered by the City Engineer within said one (1) year period.
[Ord. 6204, 12/5/1995; Ord. 6205, 1/16/1996]
(c) 
License Fee, Term, Conditions. The term of a license shall be one (1) year. The license shall expire one (1) year from and after its date of issuance. The license fee set forth in Section 11.18 shall be payable with the application and is non-refundable.
[Ord. 6204, 12/5/1995]
Each licensee shall record in the office of the City Engineer the place of business and the name under which the business is transacted and shall immediately notify the City Engineer of any change in this information.
(d) 
Construction Permit; Exemptions. No work of constructing, altering or repairing sidewalks or any public street made of concrete, stone, bituminous, gravel or other like materials shall be done without a permit issued by the City Engineer.
[Ord. 6204, 12/5/1995]
Any public service corporation, regulated under Chapter 196 of the Wisconsin Statutes, shall be exempt from the provisions of this subsection requiring the payment of fees, bonding and insurance; but, as a condition of accepting a permit, shall save harmless the City and its officers and agents from all and any claims for injury to persons or property for acts on the part of any such company, its agents, employees or contractors arising from the construction for which the permit was issued.
(e) 
Notifying Engineer. It shall be the duty of every person, firm, corporation, their agent or employee, who shall construct any concrete sidewalk in the City, to notify the City Engineer in writing, on blanks furnished by the City, at least twenty-four (24) hours prior to the commencement of said work, the purpose for which said sidewalk is to be constructed and the place where said sidewalk is to be constructed.
(f) 
Insurance Required. Before receiving a license, the applicant shall file in the office of the City Engineer a Certificate of Liability Insurance, to be approved by the City Engineer, in an amount of not less than three hundred thousand dollars ($300,000) per claim occurrence for any injury, loss, damage or liability which may result in any manner from the issuance of the license. The City of West Allis shall be named as an Additional Insured, as its interest may appear.
[Ord. 6204, 12/5/1995]
(4) 
Inspection of Sidewalks Under Construction. It shall be the duty of the City Engineer to inspect all sidewalks in the course of construction either by the City or private owners, and it shall be his duty to oversee said work and see that the specifications provided by the City are complied with. The City Engineer shall have the power and authority to reject any and all material that does not come up to the standard provided by the City specifications.
(5) 
Removing or Altering Sidewalk. See Section 11.02(2).
(6) 
Driving over Sidewalks. See Section 11.08(4).
(7) 
Obstruction of Sidewalks.
(a) 
Branches and Shrubbery. No owner or occupant of any land or real property fronting or abutting on any of the streets or alleys of this City shall suffer or permit any limbs, branches or other part of any tree, shrub or bush to project over any sidewalk or sidewalks in the City, unless any such branch or bush so projecting be higher than seven and one-half (7-1/2) feet from the surface of the sidewalk.
(b) 
Construction Purposes. When a sidewalk is in the process of construction, reconstruction or has been condemned and it shall be necessary to obstruct any sidewalk, then a sidewalk shall be built temporarily around such obstructed sidewalk, said sidewalk to be not less than four (4) feet wide and to be perfectly on the level and its approach to be not on a greater slant than one (1) inch per foot and to be built of good substantial material. The person, firm or corporation constructing such temporary sidewalk must erect and maintain proper barricades, warnings and lights, as provided in Section 11.04.
(c) 
Vehicles, Chutes, etc. Subject to the provisions of Section 7.10(3) of this Code, no person, firm or corporation, their agent or employee, shall obstruct or block any public sidewalk with a vehicle, chute, ramp or by any other means that prevents free travel on said sidewalk.
(d) 
Notice to Non-Residents. In case any person violating any of the provisions of this subsection is a nonresident of the City and cannot be found, the City Engineer shall mail notice of the violation to the last known address of such person; and, if such violation is not corrected within twenty (20) days from mailing, the City Engineer shall cause such work required by the notice to be done and the cost shall be charged to the property on the next tax roll.
(8) 
Filling, Grading or Landscaping Sidewalk Areas.
(a) 
No person shall fill, grade or landscape sidewalk or curb areas to a grade other than that established by a duly adopted street grade ordinance of the City. "Sidewalk or curb area" is hereby defined to include all that part of the dedicated highway between the abutting property line and the main traveled portion of the highway.
(b) 
Whenever any person shall violate the provisions of the preceding paragraph, the City Engineer shall give written notice to the owner of the property abutting the highway on which the provisions of the preceding paragraph have been violated, to immediately fill, grade or landscape the sidewalk or curb areas to the grade that has been established by the Common Council within fifteen (15) days of the date of notice. If the abutting property owner shall fail to comply with the notice within the fifteen (15) day period, the City Engineer shall fill, grade or landscape the sidewalk or curb areas to the grade established and shall charge the cost thereof to the owner of the abutting property. If the cost is not paid to the City Treasurer on or before the 1st day of November following completion of the work by the City, the City Engineer shall report such nonpayment to the City Clerk who shall enter the cost on the tax roll as a special tax against the abutting property, and the same shall be collected in all respects as other City taxes.

11.08 Curbs and Gutters.

(1) 
Construction. The Director of Public Works shall construct and maintain on all semi-improved streets and alleys in the City suitable gutters to provide for the proper drainage of water.
No person shall hinder the construction or maintenance of any gutter in any semi-improved street or alley.
(2) 
Obstruction of Gutters.
(a) 
On Semi-Improved Streets. No person shall obstruct any gutter in any semi-improved street or alley or change the course of any gutter established by the Director of Public Works.
(b) 
On Improved Streets. No person shall obstruct the gutter or any part thereof on any improved street by the construction, partly or wholly within the gutter, of driveways or approaches to private property abutting on such improved streets, or to obstruct the gutters in any other manner.
(c) 
Removal of Obstruction. It shall be the duty of the Director of Public Works to forthwith cause the removal of all crossings or other gutter obstructions wherever found on any improved or semi-improved street.
(3) 
Filling, Grading or Landscaping Curb Areas. See Section 11.07(8) of this Code.
(4) 
Driving over Gutters, Curbs, Sidewalks.
(a) 
Definitions.
1. 
The word "person" shall include any individual, firm, corporation, their agent or employee.
2. 
The word "vehicle" shall include any automobile, truck, tractor, excavating or digging machine, or any other machine, weighing more than one thousand (1,000) pounds.
3. 
The "curb" or "curb line" is that portion of a street or street pavement for the purpose of restraining vehicular traffic from trespassing upon the sidewalk areas.
4. 
The "gutter" is that portion of a street or pavement which forms a depression or trough at the outer edge of the street or pavement next to the curb or curb lines for the purpose of carrying off surface water and providing drainage.
5. 
The "sidewalk" area is that portion of any street between the curb lines and the property lines, a portion of which is used for pedestrian traffic.
(b) 
Permit Required. No person shall drive a vehicle, or any other object, across any gutter, curb, sidewalk or sidewalk area, in the City of West Allis, other than crossings known as driveways and constructed as such, without a permit obtained as herein provided.
(c) 
Application for Permit; Fees. Any person desiring any such permit shall make application in writing to the Director of Public Works upon blanks to be furnished by said Director.
A general contractor may secure a blanket permit for all subcontractors, material men or service men, upon condition that such subcontractors, material men and service men shall, for the purpose of this subsection, be deemed his agents and said general contractor shall be held personally liable for any violation of this subsection by any or all of such agents.
The applicant shall indicate the exact location of the gutter, curb, sidewalk or sidewalk area to be crossed and the weight of the vehicle, or any other object to be used in effecting such crossing.
(d) 
Issuance of Permit. If, in the judgment of the Director of Public Works, the condition of such gutter, curb, sidewalk or sidewalk area, is such that under proper safeguards the crossing can be made without material damage to such gutter, curb, sidewalk or sidewalk area, the Director shall issue a permit to the applicant or the persons designated in the application to be the licensees, such permit to be in effect for period not exceeding sixty (60) days, unless specifically renewed by the Director and then only for another period of thirty (30) days.
(e) 
Conditions of Permit. As a condition of the granting of such permit, the applicant shall leave a cash deposit in such amount as the Director of Public Works may direct, not to exceed the sum of seventy-five dollars ($75). The whole or any part of said cash deposit may be appropriated by the City of West Allis for any and all damages done to its gutters, curbs, sidewalks or sidewalk areas; and, the balance, if any, shall be returned to the licensee or to such person as the licensee shall designate. Damages sustained by the City in excess of the amount of such cash deposit shall not preclude the City from collecting the balance of the actual damages sustained in a suit at law.
If, in the judgment of the Director of Public Works, such crossing of any gutter, curb, sidewalk or sidewalk area, cannot be made without material damage thereto, the Director shall not issue such permit.
(f) 
Use of Cross Planks. If a permit is so issued, the gutter, curb, sidewalk or sidewalk area, shall be protected and covered with cross planks, or similar material satisfactory to the Director of Public Works. Such planks shall not be less than two (2) inches thick, not less than eight (8) inches wide, and not less than twenty (20) feet in length, and free from defects. The planks or protection shall extend at least twelve (12) inches over and beyond such gutter, curb, sidewalk or sidewalk area on each side thereof in such a manner as to prevent damage to the edges of the protected material. Such temporary protection, covering or planking shall be removed for a period of thirteen (13) hours each day commencing at 6:00 P.M. and continuing until 7:00 A.M. the following morning.
(g) 
Indemnifying the City. The Director of Public Works is hereby authorized to enter into a contract of indemnity with the applicant for or on behalf of such applicant or the designated licensee, in partial consideration for obtaining such permit, to hold the City safe and harmless for any damages the City may sustain by reason of any actionable defects caused by the applicant or licensee in connection with effecting such crossing.
(h) 
Inspectors to Report Violations. The duties of the Building, Electrical and Plumbing Inspectors shall include the inspection and reporting of violations of this subsection to the Director of Public Works.

11.09 Driveways and Culverts.

(1) 
Construction and Repair. The provisions of Section 11.07 relating to sidewalks, so far as applicable, are hereby adopted by reference thereto and shall be complied with in the construction, improvement and repair of driveways on improved streets and alleys.
(2) 
Driveway Construction Permit.
(a) 
Permits Required. It shall be unlawful to construct or have constructed a driveway connecting with any improved or semi-improved street or alley in the City without obtaining a permit to do so from the City Engineer for one to three (3) family residences and from the Board of Public Works for any other land use.
(b) 
Width of Driveway. The width of the driveway shall be consistent with the width of the side drive or attached garage, but in no case greater than thirty (30) feet, except in industrial zoned areas where a driveway may be of greater width when approved by the Board of Public Works.
(c) 
Permanent driveways shall be constructed of concrete or other suitable material approved by the City Engineer on any improved street or alley. No permanently improved driveway of concrete shall be constructed on any unimproved street or alley.
(3) 
Semi-Improved Streets and Alleys.
(a) 
Culvert to be installed. No driveway shall be constructed or maintained connecting with any semi-improved street or alley, unless a suitable culvert is first installed across the gutter of the semi-improved street or alley where necessary for the public welfare. Such culverts shall be constructed of reinforced concrete or corrugated steel pipe, or other material approved by the City Engineer. The culverts shall have a cross section of not less than that of a twelve (12) inch pipe. The length of the culverts shall be fourteen (14) feet or more. Necessity for a culvert shall be determined by the City Engineer.
(b) 
Culvert Installations and Fees. An applicant shall be required to deposit with the City Engineer a fee equal to the cost of the culvert installation required. Culverts shall be installed under the direction of the City Engineer before the driveway is constructed.
(c) 
Culverts; Existing Driveways. Where the public welfare requires a suitable culvert for an existing driveway, the Director of Public Works shall notify, in writing, the property owner maintaining the driveway across any gutter in any street or alley that the Director will have a culvert installed by the City at the expense of the abutting property and that said property owner shall deposit a sum in an amount to be commensurate with the cost of installing said culvert within ten (10) days from the date of said notice. The owner shall have the right to appeal from the order to the Board of Public Works within the ten (10) day period; otherwise, it shall become conclusive. In the event that said deposit is not made, the Director shall have the culvert installed and the cost thereof charged to the abutting property owner. If the cost of installation is not paid to the City Treasurer on or before the first day of November in the year in which the culvert has been installed, the Director shall certify the cost to the City Clerk who shall enter the same on the tax roll as special taxes against the owner of the property, the same to be collected in all respects as are other City taxes.
(4) 
Improved Streets and Alleys.
(a) 
Expansion Joint Required. When concrete driveways are constructed, they shall be separated from adjacent sidewalks or alley pavements by a one inch (1") expansion joint material extending the full depth and width of adjacent concrete. Expansion joint material shall be a nonextruding type of material and shall conform to the requirements for "Bituminous Fiber Type" expansion joint material, American Association of State Highway Officials Designation M-59.
(b) 
Cutting Electric Cables. Whenever, in constructing a driveway, it becomes necessary to cut electric cables at the curb line, the cost of cutting such cable, the laying of conduit and all other work required to protect such cable shall be done at the expense of the applicant for such permit and under the direction and supervision of the Director of Public Works. No permit shall be granted until after a deposit shall be made to the Director in the sum determined by him to cover the cost of protecting such cable. The owner or contractor shall notify the Public Works Department twenty-four (24) hours prior to the placing of concrete in said driveway, in order to permit the installation of electric cable conduit by the City.
(5) 
Notifying Owner of Violation; Semi and Improved Streets and Alleys. The provisions of this section are intended to cover all that territory beyond the lot lines. Whenever there shall be a violation of these provisions, the Director of Public Works shall order such driveways, or as much thereof as shall be necessary, to be removed and, upon the refusal of property owner, tenant, person, firm, corporation, their agent or employee to do so, shall cause the same to be done and charge the expense of removal to the property owner.

11.10 Coal Holes and Trap Doors.

(1) 
Construction Permit Required. It shall be unlawful for any person, firm or corporation to construct, install or maintain any coal hole, trap door, areaway grating, hyatt light, or glass prisms or covered openings of any kind in any public sidewalk, street or alley without first procuring a permit therefor from the Building Inspector.
The Building Inspector shall obtain the approval of the City Engineer before any permit shall be issued covering the construction or repair of any coal hole, trap door, areaway grating, hyatt light or glass prisms or covered openings of any kind in any public sidewalk, street or alley within the limits of the City of West Allis.
(2) 
Permit Fee. The owner or owners of each piece of property for which a permit is issued shall pay to the City Treasurer a fee for each unit of space which shall be determined as follows: Each frontage of the property, whether on a street or alley, shall be divided into units of thirty (30) feet each, or fractions thereof if less than complete units, in the space bounded by a straight line extending from the boundaries of the lot line to the curb, which space shall be considered a complete unit.
(3) 
Repair and Maintenance. The Building Inspector shall notify the owners or persons in charge of property to repair any of the things maintained in subparagraph (1) hereof, which have become unsafe or out of repair. If such notice is not complied with within five (5) days from receipt thereof, the Building Inspector shall thereupon notify the City Engineer who shall forthwith repair and make safe such things and charge the cost thereof against the property for the benefit of which such things were constructed or maintained and certify such charges in the proper manner to have them levied as special assessments against such property.

11.11 Right-of-Way Management.

[Ord. O-2016-0048,[1] 10/18/2016]
(1) 
Registration for Right-of-Way Occupancy.
(a) 
Registration. Each service, utility service or right-of-way user who occupies, uses, or seeks to occupy or use, the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities (NOTE: "Facilities" means all equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, or some other right-of-way use, and shall include but is not limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances.) located in any right-of-way shall register with the City Engineer and pay the fee set forth in Section 11.11(3) of this Code. Registration consists of providing application information and paying a registration fee. This section shall not apply to those persons exclusively utilizing facilities provided by another right-of-way user.
(b) 
Registration Prior to Work. No persons may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the City Engineer.
(2) 
Registration Information.
(a) 
Information Required. The information provided to the City Engineer at the time of registration shall include, but not be limited to:
1. 
Each registrant's name, Diggers Hotline registration certificate number, address and email address, if applicable, and telephone and facsimile numbers.
2. 
The name, address and email address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of the registration.
3. 
All right-of-way users shall demonstrate to the satisfaction of the City the financial capability to cover any liability that might arise out of their presence in the right-of-way. If the person is a corporation, a limited liability company or limited liability partnership, a copy of any certificate required to be filed under Wisconsin Statutes as recorded and certified to by the Secretary of State.
4. 
A copy of the person's certificate of authority from the Public Service Commission of Wisconsin or other applicable state or federal agency, where the person is lawfully required to have such certificate from said Commission or other state or federal agency.
5. 
Execution of an indemnification agreement in a form prescribed by the City Engineer, which is consistent with, and shall not exceed the obligations provided in, Section 11.11(12).
(b) 
Annual Report to be Filed. Any person occupying or using in, upon, or beneath the surface of any right-of-way within the City of West Allis any facilities and/or underground construction, as herein set forth, in pursuance of any permit, resolution, ordinance or franchise, is hereby directed to file with the City Engineer complete drawings, plans and profiles showing the location, character and extent of all facilities and/or underground construction on or before the first day of April each year.
(c) 
Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City Engineer information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change.
(3) 
Registration Fee.
(a) 
Annual Registration Fee. Each registrant shall annually renew its registration or discontinue and properly abandon its facilities. The City Engineer shall establish the registration fee in an amount sufficient to recover the costs incurred by the City for processing registrants. This fee shall be computed as the average of labor cost, indirect costs, and other costs associated with the registration.
(b) 
Fee Computation. The City Engineer may recalculate and establish a new registration fee each year as established in Section 11.18.
(4) 
Permit Requirement.
(a) 
Special Right-of-Way Permit Required. Except as otherwise provided in Section 11.11, or other Chapters of the Revised Municipal Code, no person shall excavate, obstruct or occupy the right-of-way or place facilities in a right-of-way without first obtaining a special right-of-way permit [see Subsection 11.18(3)] from the City Engineer. No person shall engage or continue in construction in the right-of-way beyond the date or area specified in the permit, unless such person makes application for a permit to perform such additional work before the expiration of the initial permit.
(b) 
Permit Display. A copy of any permit issued under Section 11.11 shall be made available at all times by the permittee (person to whom a permit to excavate or occupy a right-of-way has been granted by the City under Section 11.11) at the indicated work site and shall be available for inspection by the City Engineer upon request.
(5) 
Permit Application.
(a) 
Application for a permit shall be made to the City Engineer. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
1. 
Registration with the City Engineer as required by Subsection 11.11(1);
2. 
Submission of a completed permit application form, including the following:
a. 
If the proposed project involves the installation of poles or towers the applicant shall submit scaled drawings of the poles or towers and all proposed attachments. Details with descriptions of all attachments shall be shown on submitted drawings.
b. 
The applicant shall submit drawings, plans and profiles identifying in detail the location of the proposed project and any affected right-of-way, public utility easements, and the location of all existing and proposed facilities within the project area in addition to installation details.
c. 
If the proposed project involves the installation of poles or towers in the right-of-way, the applicant must submit evidence sufficient to demonstrate that the applicant is prohibited from using existing poles or towers (either owned by the applicant or a third party) because such use is technically infeasible, economically prohibitive, or prohibited by law.
d. 
If the proposed project involves the installation of poles or towers in the right-of-way that are greater than ten (10) feet taller than existing poles or towers nearby in the right-of-way, the applicant must submit evidence to demonstrate that:
(i) 
The greater height is required to accomplish the applicant's purpose;
(ii) 
The applicant is prohibited from using existing poles or towers (either owned by applicant or a third party) to accomplish its purposes because such use is technically infeasible, economically prohibited, or prohibited by law; and
(iii) 
The pole or tower, due to its height and size, poses no greater danger to health, safety, and welfare of the public than existing poles or towers nearby in the right-of-way.
3. 
Payment of all money due to the City for:
a. 
Applicable permit fees and costs as established in Section 11.18;
b. 
Unpaid fees or costs for prior permits or construction by the applicant; or
c. 
Any loss, damage, or expense suffered by the City including any emergency actions taken by the City because of applicant's prior permits or construction in the right-of-way.
d. 
A certified check or cashier's check in an amount to be determined by the City Engineer, payable to the City of West Allis. This check will be returned after the proper restoration of the right-of-way has been completed. The applicant must inform the City Engineer when all restoration work has been completed and allow the City Engineer three (3) business days for final inspection. This provision may be waived by the City Engineer when circumstances deem it appropriate.
4. 
A statement that the applicant will comply with all local, state and federal codes, including but not limited to safety, building, traffic control codes and the Federal Highway Administration Manual of Uniform Traffic Control Devices (MUTCD) and Wisconsin Supplement to the Manual of Uniform Traffic Control Devices.
5. 
Furnish a certificate of liability insurance compliant with standards of the City Engineer.
(6) 
Right-of-Way Repair and Restoration. In addition to repairing its own work, the permittee must restore the general area of the work and the surrounding areas, including the paving and its foundations, if any, to the specifications of the City. The City shall inspect the area of the work and accept the work when it determines that proper restoration has been made per specifications of the City.
(a) 
Standards. The permittee shall perform repairs and restoration according to the specifications and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a site-specific basis.
(b) 
Guarantees. The permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion, except for organic material, which shall be maintained for twelve (12) months. During either period, the permittee shall, upon notification from the City, correct all repair work to the extent completed within ten (10) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure.
(c) 
Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City or fails to complete satisfactorily and timely all restoration required by the City, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the City will apply the amount filed by the permittee under Subsection 11.11(5)(a)3b above to the cost of restoration and may exercise its right to refuse future permits.
(7) 
Inspection.
(a) 
Notice of completion. When the work under any permit issued hereunder is completed, the permittee shall notify the City Engineer.
(b) 
Site inspection. The permittee shall make the work site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
(c) 
Authority of City Engineer. At the time of inspection the City may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The City may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City may revoke the permit.
(8) 
Revocations, Suspensions, and Refusals To Issue Permits.
(a) 
Grounds. The City may refuse to issue a permit or may revoke or suspend an existing permit if it finds any of the following grounds:
1. 
The applicant or permittee is required by Section 11.11(1) to be registered and has not done so or the permit application is otherwise incomplete;
2. 
The applicant or permittee is seeking to perform work not included in its permit application [see Section 11.11(5)] which work was reasonably foreseeable by the applicant or permittee at the time said permit was filed;
3. 
Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival, or other event;
4. 
Misrepresentation of any fact by the applicant or permittee;
5. 
Failure of the applicant or permittee to complete work in a timely manner;
6. 
Failure of the permittee to maintain the facility in an acceptable condition;
7. 
The proposed activity is contrary to the public health, safety or welfare;
8. 
The extent to which space is available in the right-of-way for which the permit is sought and/or the competing demands for the particular space in the right-of-way;
9. 
The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permittee or applicant;
10. 
If the permittee or applicant proposes to install a new pole or tower in the right-of-way, the availability of other existing poles or towers owned by the permittee or applicant or by a third party;
11. 
The applicability of ordinances or other regulations of the right-of-way that affect location of facilities in the right-of-way;
12. 
The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; or
13. 
The applicant or permittee is otherwise not in full compliance with the requirements of Section 11.11 or state or federal law.
(b) 
Appeals. Any person aggrieved by a decision to revoke, suspend or refuse to issue a permit may file a request for review first with the City Engineer and then with the Board of Public Works. A request for review by the City Engineer shall be filed within ten (10) days of the decision being appealed. An appeal to the Board shall be filed within five (5) days of receipt of the City Engineer's determination. The Board, in its discretion and depending on the circumstances, may conduct a hearing. On appeal, the initial decision may be affirmed, reversed or modified.
(9) 
Fall Radius/Breakaway Requirements.
(a) 
Poles and other utility structures over sixty (60) feet in height shall be located so that all residential, commercial, retail or other occupied buildings are outside the fall radius of the structure.
(b) 
Rigid non-breakaway poles and other utility structures shall be located a minimum of ten (10) feet from roadway curbs or shoulders and behind existing or future sidewalks.
(10) 
Relocation of Facilities.
(a) 
Except as prohibited by state or federal law, a registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way whenever the City Engineer requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The City Engineer may make such request to prevent interference by the company's facilities:
1. 
When public health, safety and welfare require it;
2. 
When the safety and convenience of ordinary travel over the right-of-way requires it;
3. 
With a public improvement undertaking by the City;
4. 
With a present or future City use of the right-of-way; or
5. 
With an economic development project in which the City has an interest or investment.
(b) 
Notwithstanding the foregoing, a registrant shall not be required to remove or relocate its facilities from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the reasonable costs thereof are first paid to the registrant therefor.
(11) 
Interference with Other facilities during Municipal Construction. When the City performs work in the right-of-way and finds it necessary to maintain, support, shore, or move a registrant's facilities, the City shall notify the local representative. The registrant shall meet with the City's representative within twenty-four (24) hours and coordinate the protection, maintenance, supporting, and/or shoring of the registrant's facilities. The registrant shall accomplish the needed work within seventy-two (72) hours, unless the City agrees to a longer period. In the event the registrant does not proceed to maintain, support, shore, or move its facilities, the City may arrange to do the work and bill the registrant, said bill to be paid within thirty (30) days. The City may also impose alternate delay damage charges.
(12) 
Indemnification. By accepting a permit under Section 11.11, the person or persons to whom a permit is issued agrees to indemnify, defend, and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents (collectively, "indemnified parties") from and against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon an indemnified party for damages because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the person or persons to whom a permit is issued, acts or omissions in exercise of its right under this permit, whether caused by or contributed to by the City or its agents or employees.
(13) 
Abandoned Facilities.
(a) 
Discontinued Operations.
1. 
A registrant who has determined to discontinue its operations in the City must either:
a. 
Provide information satisfactory to the City Engineer that the registrant's obligations for its facilities under Section 11.11 have been lawfully assumed by another registrant; or
b. 
Submit to the City Engineer a proposal and instruments for dedication of its facilities to the City. If the registrant proceeds under this clause, the City may, at its option:
(i) 
Accept the dedication for all or portion of the facilities; or
(ii) 
Require the registrant, at its own expense, to remove the facilities in the right-of-way at ground or above ground level; or
(iii) 
Require the registrant to post a bond or provide payment sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.
2. 
However, any registrant who has unusable and abandoned facilities in any right-of-way shall remove it from that right-of-way within two (2) years, unless the City Engineer waives this requirement.
(b) 
Abandoned Facilities. Facilities of a registrant who fails to comply with Section 11.11(13)(a), and which for two (2) years remain unused, shall be deemed as abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the City may, at its option (i) abate the nuisance, (ii) take possession of the facilities, or (iii) require removal of the facilities by the registrant, or the registrant's successor in interest.
(c) 
Public Utilities. Section 11.11(12) shall not apply to a Public Utility that is required to follow the provisions of Wisconsin Statute § 196.81.
(14) 
Reservation of Regulatory and Police Powers. The City, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way, or by registering a person under Section 11.11, does not surrender or to any extent lose, waive, or impair, the lawful powers and rights, which it has now or may be hereafter granted to the City under the Constitution and statutes of the State of Wisconsin to regulate the use of the right-of-way by the permittee; and the permittee by its acceptance of a permit to excavate, obstruct and/or occupy the right-of-way or of registration under Section 11.11 agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general law, and ordinances enacted by the City pursuant to such powers.
(15) 
Severability. If any section, subsection, sentence, clause, phrase, or portion of Section 11.11 is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
[1]
Editor's Note: This ordinance also repealed former Section 11.11, High Voltage Wires.

11.12 Snow and Ice Removal.

(1) 
Duty to Remove. The owner, occupant or person in charge of any premises shall remove and clear or cause to be removed and cleared from the public sidewalk, including the curb ramp, which includes clearing to the plowed portion of the street or alley, abutting or fronting the premises all snow and ice to the width of at least three (3) feet on such sidewalk within twenty-four (24) hours of the ending of a snowfall or other source of snow/ice accumulation. When ice has so formed on any such sidewalk that it cannot be removed, the owner, occupant or person in charge of the abutting premises shall prevent such ice from causing a hazard to the users of the sidewalk by sprinkling the walk with salt, sand, abrasive material or other product designed to prevent ice accumulation. In constructing the provisions of this Section, where the premises are occupied, the occupant or person in charge shall be deemed the proper person whose duty it shall be to comply with the provisions hereof.
[Ord. O-2007-0050, 12/18/2007; Ord. O-2015-0053, 12/15/2015]
(2) 
Removal by the City.
(a) 
If the owner, occupant or person in charge of any premises abutting or fronting upon the public sidewalk shall fail to clean the sidewalk as provided in Subsection (1), the Director of Public Works is authorized to clean the said sidewalk.
(b) 
The Director of Public Works is authorized to clean and maintain any public sidewalk abutting or adjoining the premises of any person who, because of physical disability, is unable to comply with the provisions of this section.
(c) 
The expense of snow and ice removal by the Director of Public Works, as herein provided, shall be charged against the owner of the premises abutting or fronting upon any such sidewalk and may be entered as a special tax against such premises to be collected in all respects like other taxes upon real estate, as provided in Sec. 66.0907(5) of the Wisconsin Statutes.
(d) 
The Board of Public Works shall establish rules consistent with this paragraph governing snow removal by the Director of Public Works and the charges to be assessed for any such work.
(3) 
Casting Snow on Public Ways. No person shall plow, shovel or otherwise deposit snow or ice, or cause snow or ice to be plowed, shoveled or otherwise deposited, from private property or driveway approach between the sidewalk and gutter line upon any street or alley pavement, sidewalk or other public way in the City.
(4) 
Any person who shall fail to comply with the provisions of this section shall forfeit not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense, together with the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.
[Ord. O-2016-0006, 2/2/2016]
(5) 
Casting Snow on Private Property. No person shall plow, shovel, or otherwise deposit snow or ice, or cause snow or ice to be plowed, shoveled, or otherwise deposited from private property onto the property of another without the consent of the landowner.
[Ord. O-2016-0006, 2/2/2016]

11.13 Parks and Parklands.

[Ord. O-2005-0025, 6/7/2005]
(1) 
Definition. Parks and parklands shall include all lands currently owned by the City of West Allis that are designated as parks, pocket parks, green spaces or boulevards. Also included in the definition is the terrace area between the curb and sidewalk or, in the absence of a sidewalk, the curb and property line of every street and highway within the City. The following are designated as parks:
[Ord. O-2016-0052, 11/15/2016]
(a) 
Farmer's Market [the Farmer's Market shall be governed pursuant to Section 2.25(3)(b) of the Revised Municipal Code.]
(b) 
Veterans Memorial Park (South 70 Street and West National Avenue).
(c) 
Washington Playground (South 61 Street and West Lapham Street).
(d) 
Kopperud Park (South 76 Street and West Pierce Street).
(e) 
Veterans Housing Park (West Harrison Avenue and South 72 Street).
(f) 
Rogers Park (South 75 Street and West Rogers Street).
(g) 
Rogers Playground (South 56 Street and West Rogers Street).
(h) 
Garfield School Park (South 84 Street and West National Avenue).
(i) 
Honey Creek Park and Settlement (South 84 Street and West National Avenue).
(j) 
Joyce Radtke Park (8320 West National Avenue).
(k) 
Klentz Park (2061 South 72 Street).
(l) 
Liberty Heights Park (1540 South 62 Street).
(m) 
North Greenfield Railroad Station Park (8139 West National Avenue).
(n) 
Reservoir Park (9621 West Lapham Street).
(o) 
McKinley Park Playground (South 72 Street and West Washington Avenue).
(2) 
Board of Public Works. The Board of Public Works shall govern, manage and control all parks and parklands within the City in accordance with Sec. 27.08 of the Wisconsin Statutes.
(3) 
Director of Public Works. Under the direction of the Board of Public Works, the Director of Public Works shall have authority to manage, change, improve and maintain said parks and parklands and, subject to the approval of the Common Council, prepare and administer policies and procedures for the preservation and use of City parks and parklands, including, but not limited to, adopting rules of conduct and other regulations and instituting a permit system for use of park facilities.
(4) 
Trees and Plant Materials.
(a) 
Planting Regulations.
1. 
The Forestry Division of the Department of Public Works is responsible for the planting of all trees and other plant material in City parks and parklands in accordance with the policies and procedures of the Department.
2. 
The Forestry Division shall determine the location and species of all plant materials planted in City parks and parklands.
3. 
The Forestry Division may, at its discretion, remove or cause the removal of any tree or plant material located in City parks or on City parklands deemed inappropriate or hazardous.
(b) 
Maintenance.
1. 
The Forestry Division shall be responsible for the maintenance of trees and other plant material on City parks and parklands except as provided herein.
2. 
The owner, occupant or person in charge of each lot or parcel of land shall maintain the terrace area between the walk and the curb or, in the absence of a sidewalk, the area between the pavement and the property line.
a. 
In lawn terrace areas, grass and weeds shall be maintained at a height not to exceed six (6) inches in length. Noxious weeds shall be destroyed as provided in sec. 66.0407(3) of the Wisconsin Statutes. Such areas shall be kept in good condition and repair and free from debris.
b. 
In paved terrace areas, the pavement shall be kept free and clear of weeds, vegetative materials and debris.
c. 
If the owner, occupant or person in charge of any property fails to maintain the terrace area abutting their property as provided in Paragraphs "a" and "b", the Director of Public Works or his designated agent, after giving five (5) days written notice to the owner, occupant or person in charge of the property, is authorized to perform the required maintenance. The cost of such maintenance shall be charged against the owner of the property as provided is sec. 66.0703 of the Wisconsin Statutes.
d. 
In any one (1) calendar year, where, on private property, the Director has authorized required maintenance, as described in Subsection 2c above, subsequent required maintenance shall not require a five (5) day written notice prior to the Director again authorizing the performance of maintenance on said property.
3. 
No person shall plant, cut, prune, or remove any tree or shrub in a City park or parkland or cut, disturb or interfere in any way with the roots of any tree or spray trees or shrubs with any chemical herbicide or insecticide in a City park or parkland, without first receiving permission from the Director of Public Works. Such permission is not required for the use of products associated with the maintenance of turf in the area between the pavement and adjacent property line.
4. 
No person shall break or injure any tree or shrub planted in any City park or parkland.

11.135 Underground Lawn Sprinkling Systems.

(1) 
No person, firm or corporation shall install or maintain an underground lawn sprinkling system in a public way without obtaining a permit from the City Engineer.
(2) 
The applicant for a permit shall furnish such drawings or descriptions as will show the location of pipes, sprinkler heads and other appurtenances.
(3) 
Such systems shall be so installed as not to interfere with any public works or improvements and shall be installed and operated in such a manner as not to create a nuisance or hazard to pedestrians and vehicles.
(4) 
As a condition to the granting of a permit, the applicant agrees that no liability shall accrue to the City as a result of damages from construction, reconstruction, repair, snow plowing or related activities by the City or its agents within the public way.
(5) 
The City Engineer may direct the removal of a sprinkling system from the public way. Such removal shall be at the expense of the owner. If the order to remove a sprinkling system is not complied with within thirty (30) days, the Board of Public Works is authorized to effect the removal and the cost thereof shall be assessed against the abutting property and entered on the tax roll as a special charge.
(6) 
The permit required by this section shall be issued without charge. Fees for any permits required by the Plumbing Code shall be in accordance with Chapter XVI of the Revised Municipal Code.
[Ord. 6504, (delete S. 11.14), 3/7/2000]

11.15 Sale of Real and Personal Property.

Whenever the Common Council shall determine that any real estate, personal property or thing of value which has an apparent value of five hundred dollars ($500), or more, should be sold, transferred or otherwise disposed of for value, it shall be the duty of the Board of Public Works to solicit bids by advertising for the same once a week for two (2) weeks in the official newspaper. Exception: The provisions of this section shall not apply to a sale where:
(a) 
The Common Council causes to be published in the official City newspaper a Class 2 Notice of a public hearing on the proposed sale, with the last insertion at least ten (10) days prior to the hearing.
[Ord. 6087, 4/6/1994]
(b) 
The Common Council conducts the said public hearing on the said proposed sale.
(c) 
The Common Council decides, by resolution adopted by the affirmative vote of at least three-fourths (3/4) of the members of the council voting, that it is in the public interest that the sale be made without bids.
[Ord. 6444, (amend), 6/1/1999]

11.16 Annexation Procedure.

(1) 
State Statutes to Apply. Annexation procedures shall be in accordance with the laws of the State of Wisconsin, particularly §§ 66.021 to 66.026 of the Wisconsin Statutes.
(2) 
Report of City Plan Commission. All proposed annexations shall be referred to the Plan Commission or a Committee of the Common Council for study. It shall be the duty of the Plan Commission, or said Committee, to render a detailed report on each proposed annexation, setting forth a census of the school children in the proposed area, the school accommodations available for said children, public improvements to be required in said area, the cost of said public improvements, the added burden to be imposed in each City Department, the capacity of each City Department to absorb such added burden and any and all increased costs which shall accrue to the City by virtue of the proposed annexation. The report shall also set forth any and all benefits, monetary and otherwise, which shall accrue to the City by virtue of the proposed annexation. The Plan Commission, or designated Committee, shall endeavor to give the Common Council a complete picture of all the advantages and disadvantages of each proposed annexation so as to enable the Common Council to act with full knowledge of all pertinent facts and in a manner consistent with the best interest of the City of West Allis.
(3) 
Cooperation of City Officials. It shall be the duty of each Department head and employee to give full assistance to the Plan Commission or designated Committee in the preparation of the annexation report referred to in this section.

11.165 Privileges in Streets.

[Ord. 6609, 3/5/2002; Ord. O-2003-0034, 5/6/2003]
(1) 
The City Engineer shall have authority to grant privileges for minor obstructions beyond the lot line as provided in Sec. 66.0425, Wisconsin Statutes. “Minor” encroachments, by way of illustration, are such things as signs, canopies, fences, trees, bushes, flowers and landscaping. Where such minor encroachments, in the opinion of the City Engineer, do not project into or over the portion of the right-of-way commonly used by the traveling public or otherwise present a danger to those who use the right-of-way, the City Engineer may determine that no encroachment permit is required. The City Engineer shall not require an encroachment permit for structures erected by the City within the right-of-way.
[Ord. O-2013-0048, 11-5-2013]
(2) 
The Board of Public Works shall have authority to grant privileges for major obstructions beyond the lot line as provided in sec. 66.0425, Wisconsin Statutes. "Major" encroachments, by way of illustration, are such things as concrete paving or steps and brickwork.
(3) 
The Common Council shall have the authority to grant privileges for structural obstructions beyond the lot line as provided in sec. 66.0425, Wisconsin Statutes. "Structural" encroachments, by way of illustration, are those which involve structural additions to or elevations of buildings.
(4) 
Encroachments approved by the Common Council as a special use under Section 12.40(2)(o) of the Revised Municipal Code shall not be required to obtain approval under this section.
(5) 
United States Postal mailboxes and/or newspaper boxes encroaching into the street right-of-way shall not require a grant of privilege under the following conditions:
[Ord. O-2004-0010, 3/16/2004]
(a) 
To avoid conflicts with snowplow equipment and other vehicular traffic, mail/news boxes and the associated support structures shall be located at least six (6) inches behind the face of the curb or, in the absence of a curb, six (6) inches behind the road shoulder.
(b) 
Mailboxes shall be constructed from sheet metal, plastic or similar weight materials and shall not exceed eleven (11) pounds.
(c) 
A single four inch by four inch (4"x4") square or four inch (4") diameter wooden post or a metal post with a strength no greater than a two inch (2") diameter standard steel pipe and embedded no more than twenty-four inches (24") into the ground will be acceptable as a mailbox support.
(d) 
Mail/news boxes and their associated support structures shall, without compensation, be removed within five (5) days from the street right-of-way upon written notice from the City Engineer.
(6) 
Prior to granting an encroachment privilege, the City Engineer shall ensure that the requirements of Policy 2822 have been met and continue to be met during the existence of the encroachment. The City Engineer and City Attorney are authorized to take all legal and/or equitable measures to ensure compliance with the requirements of this section or removal of the encroachment.
[Ord. O-2013-0017, 4/2/2013]
(7) 
The forfeiture amounts in Section 11.17 of the Revised Municipal Code notwithstanding, any person violating this section or failing to comply with the duties and requirements stated therein or with the requirements of Policy 2822 shall forfeit not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each day of violation.
[Ord. O-2013-0017, 4/2/2013]

11.17 Penalties.

(1) 
Any person violating any of the provisions of this chapter or failing to comply with any of the duties or requirements stated therein, except the provisions hereinafter specified in Subsections (2) and (3) of this section, shall be fined not less that twenty-five dollars ($25) nor more than two hundred fifty dollars ($250), together with costs of prosecution and, in default of payments thereof, shall be imprisoned in the House of Correction until such fine and costs are paid, not to exceed sixty (60) days. Where the violation consists of failing to do a required act, each day shall be regarded as a separate offense.
[Ord. O-2015-0019, 3/17/2015]
(2) 
Any person violating any of the provisions of Sections 11.06, 11.11 and 11.14 of this Chapter, or failing to comply with any of the duties or requirements stated therein, shall be fined not to exceed one hundred dollars ($100), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned in the House of Correction until such fine and costs are paid, not to exceed ninety (90) days.

11.18 Permit Fee Schedule.

Before receiving any permit under this Chapter, the application fee hereinafter provided shall be paid to the City Treasurer.
Permit
Fee
(1)
Parking construction machinery on public streets or alleys between sunset and sunrise
$5.00
(2)
Street decorations
$5.00
(3)
Special right-of-way
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002; Ord. O-2016-0049, 10/18/2016]
$60.00
(4)
Transportation of oversized loads
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
$85.00
(5)
Temporary occupancy of public streets, alleys and sidewalks [fee required per every thirty (30) feet or part thereof]
1.
Five (5) days or less
$15.00
2.
Six (6) days to thirty (30) days
$30.00
3.
Additional days - per month or part thereof
$10.00
(6)
Excavations in public streets, sidewalks or alleys, per location
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
$60.00
The minimum fee for each excavation permit shall be sixty dollars ($60); plus an additional ten dollars ($10) per 100 square feet for excavation and thirty cents ($.30) per linear foot for boring.
(7)
Construction, alteration or repairing of sidewalks sidewalks made of concrete or other like materials
$25.00
(8)
Driving over gutters, curbs, sidewalks or sidewalk areas
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
$30.00
(9)
Construction of a driveway connecting with any improved or semi-improved street or alley
$25.00
(10)
Construction, installation, maintenance of any coal hole, trap door, areaway grading, hyatt light or glass prism or covered opening in any public sidewalk, street or alley
$10.00
(11)
Discontinuance of streets and alleys
$250.00
(12)
Municipal lot parking permit
[Ord. O-2013-0002, 1/15/2013]
1.
Twenty-four-hour parking
$15.00 per month/$40.00 per quarter
2.
Night parking only
$10.00 per month/$25.00 per quarter
3.
Day parking only
$8.00 per month/$20.00 per quarter
(13)
Block party permit
$25.00
(14)
Concrete contractor's license
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
$50.00
(15)
Driveway approach application
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
$10.00
(16)
Registration for right-of-way occupancy
[Ord. O-2016-0049, 10/18/2016]
$50.00
(17)
Application for permit for right-of-way occupancy
[Ord. O-2016-0049, 10/18/2016]
$10.00

11.19 Post-Construction Stormwater Management.

Notes
Ordinance to Repeal and Recreate
Created: 2017-02-17
See Ordinance O-2017-0005 to repeal and recreate section 11.19, effective February 24, 2017.
[Ord. O-2005-0012, 3/1/2005]
(1) 
Authority. This chapter is adopted by the Common Council under the authority granted by sec. 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under sec. 62.23, Wis. Stats., that relate to stormwater management regulations.
(2) 
Findings of Fact. The Common Council finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:
(a) 
Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
(b) 
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
(c) 
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
(d) 
Reduce the quality of groundwater by increasing pollutant loading.
(e) 
Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.
(f) 
Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
(g) 
Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
(h) 
Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or backup into basements.
(3) 
Purpose. This section adopts and implements the State of Wisconsin, NR 151, post-construction site stormwater water quality standards with duties to reasonably manage the quantity of water runoff for regional flood abatement. This chapter also adopts and implements the Milwaukee Metropolitan Sewerage District's Chapter 13 rules as they pertain to new development and redevelopment.
[Ord. O-2011-0012, 5/3/2011]
(4) 
Stormwater Quality and Quantity Management Applicability.
(a) 
The water quality management duties apply to property development disturbing one or more acres, and the water quantity management duties apply to development that increases impervious surface by one-half acre or more, unless the site is exempt under Paragraph (b) or (c).
(b) 
A site meeting any one of the following criteria is exempt from stormwater quality requirements.
1. 
A redevelopment post-construction site with no increase in exposed parking lots or roads.
2. 
A post-construction site with less than ten percent (10%) connected imperviousness based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one (1) acre.
3. 
Routine maintenance for project sites under five (5) acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
4. 
Underground utility construction such as water, sewer and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.
(c) 
Water quantity management duties do not apply if:
1. 
Residential infill where the lot is five acres or less; the development is exclusively residential; the net increase in the area of impervious surface is less than twenty percent (20%) of the area of the site; and each boundary of the site is contiguous to: sites that contain earlier development served by sanitary sewers, streets, or public water supply when the governmental unit receives the plans for the new development or parkland; or other public land, a utility right-of-way, or a watercourse; or
2. 
Sites where the area of impervious surface after development will be 5% or less of the total area of the site;
3. 
Recreational trails if the trail is less than or equal to ten (10) feet in width and has a continuous pervious buffer at least five (5) feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail.
4. 
Notwithstanding the applicability requirements in paragraph (a), this chapter applies to post-construction sites of any size that, in the opinion of the City Engineer, is likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(d) 
Comity. State agencies should design and incorporate best management practices for surface water quality and stormwater quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized by local governments in the watershed. The lead agency preparing an environmental assessment for a federal or state project shall identify the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
(5) 
Definitions.
(a) 
"Agricultural facilities and practices: has the meaning given in sec. 281.16, Wis. Stats.
(b) 
"Average annual rainfall" means a calendar year of precipitation, excluding snow, which is considered typical.
(c) 
"Best management practice" or "BMP" means structural or nonstructural measures, practices, techniques or devices employed to:
1. 
Avoid or minimize sediment or pollutants carried in runoff to waters of the state; and/or
2. 
Manage the rate or volume of runoff.
(d) 
"Business day" means a day the office of the City Engineer is routinely and customarily open for business.
(e) 
"Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
(f) 
"City Engineer" means a governmental employee under sec.62.234, Wis. Stats., designated by the City Engineer of West Allis to administer this chapter.
(g) 
"Combined sewer system" means a system for conveying both sanitary sewage and stormwater runoff.
(h) 
"Connected imperviousness" means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
(i) 
"Critical time" means the period starting at the time of peak rainfall intensity with a duration equal to the time of concentration of the watershed.
(j) 
"Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(k) 
"Development" means construction of residential, commercial, industrial or institutional land uses and associated roads, including redevelopment.
(l) 
"Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
(m) 
"Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
(n) 
"Exceptional resource waters" means waters listed in sec. NR 102.11, Wis. Adm. Code.
(o) 
"Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least seventy percent (70%) of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
(p) 
"Financial guarantee" means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City Engineer by the responsible party to assure that requirements of this section are carried out in compliance with the stormwater management plan.
(q) 
"Impervious surface" means any pavement or structural element that prevents rain, surface water runoff, or melting snow from infiltrating into the ground below, including, but not limited to, roofs and paved roads, driveways, and parking lots.
(r) 
"Infill area" means an undeveloped area of land located within existing development.
(s) 
"Infiltration" means the entry of precipitation or runoff into or through the soil.
(t) 
"Infiltration system" means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
(u) 
"Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
(v) 
"Maintenance agreement" means a legal document that provides for long-term maintenance of stormwater management practices.
(w) 
"MEP" or "maximum extent practicable" means a level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
(x) 
"New development" means development resulting from the conversion of previously undeveloped land or agricultural land uses.
(y) 
"Off-site" means located outside the property boundary described in the permit application.
(z) 
"On-site" means located within the property boundary described in the permit application.
(aa) 
"Ordinary high-water mark" has the meaning given in sec. NR 115.03(6), Wis. Adm. Code.
(bb) 
"Outstanding resource waters" means waters listed in sec. NR 102.10, Wis. Adm. Code.
(cc) 
"Percent fines" means the percentage of a given sample of soil, which passes through a #200 sieve.
(dd) 
"Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
(ee) 
"Permit" means a written authorization made by the City Engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
(ff) 
"Permit administration fee" means a sum of money paid to the City Engineer by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
(gg) 
"Pervious surface" means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
(hh) 
"Pollutant" has the meaning given in sec. 283.01(13), Wis. Stats.
(ii) 
"Pollution" has the meaning given in sec. 281.01(10), Wis. Stats.
(jj) 
"Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.
(kk) 
"Pre-development condition" means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
(ll) 
"Preventive action limit" has the meaning given in sec. NR 140.05(17), Wis. Adm. Code.
(mm) 
"Public right-of-way" means any road, alley, street, parking lot, sidewalk, plaza, mall, or pathway owned by or dedicated to a governmental unit.
(nn) 
"Recreational trail" means a path that is:
1. 
Distinctly set apart from a roadway, street, or sidewalk;
2. 
Designed for activities such as jogging, walking, hiking, bird-watching, bicycle riding, roller skating, or similar recreational activities not involving the use of motorized vehicles; and
3. 
Not a sidewalk according to sec. 340.01(58), Wis. Stats.
(oo) 
"Regional flood" means the peak flow and peak elevation of water with a one percent (1%) probability of occurring during any one (1) year, considering rainfall time and intensity patterns, rainfall duration, area distribution, antecedent moisture, and snow melt. The common misnomer, "one hundred (100) year flood or floodplain" implies a temporal element rather than a one (1) in one hundred (100) random probability of the event.
(pp) 
"Redevelopment" means new construction, modification or replacement of older development.
(qq) 
"Responsible party" means any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
(rr) 
"Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
(ss) 
"Separate storm sewer" means a conveyance, or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
1. 
Is designed or used for collecting water or conveying runoff;
2. 
Is not part of a combined sewer system;
3. 
Is not draining to a stormwater treatment device or system; and
4. 
Discharges directly or indirectly to waters of the state.
(tt) 
"Site" means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.
(uu) 
"Stop-work order" means an order issued by the City Engineer which requires that all construction activity on the site be stopped.
(vv) 
"Stormwater management plan" means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
(ww) 
"Stormwater management system plan" is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
(xx) 
"Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
(yy) 
"Time of concentration" means the time period for the furthest runoff from the outlet of a watershed to contribute to flow at the watershed outlet.
(zz) 
"Top of the channel" means an edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than twelve percent (12%) continually for at least fifty (50) feet. If the slope of the land is twelve percent (12%) or less continually for the initial fifty (50) feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
(aaa) 
"TR-55" means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
(bbb) 
"Type II Distribution" means a rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
(ccc) 
"Waters of the state" has the meaning given in sec. 281.01(18), Wis. Stats.
(ddd) 
"Water quality management" means the stormwater standards and duties established under the Clean Water Act, 33 U.S.C. § 1251 et seq., parallel state law regulating the discharge of pollutants, and implementing regulations.
(eee) 
"Water quantity management" means stormwater duties and practices to abate peak flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
(6) 
Technical Standards. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the requirements of this chapter:
(a) 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code.
(b) 
Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used provided that the City Engineer has approved the methods.
(c) 
The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this chapter for water quantity analysis.
(7) 
Performance Standards.
(a) 
Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.
(b) 
Plan. A written stormwater quality and quantity management plan in accordance with Subsection 9 shall be developed and implemented for each post-construction site.
(c) 
Requirements. The water quality plan required under Paragraph (b) shall include the following:
1. 
Total Suspended Solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:
a. 
For new development, by design, reduce to the maximum extent practicable, the total suspended solids load by eighty percent (80%), based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty percent (80%) total suspended solids reduction to meet the requirements of this paragraph.
b. 
For redevelopment, by design, reduce to the maximum extent practicable, the total suspended solids load by forty percent (40%), based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty percent (40%) total suspended solids reduction to meet the requirements of this paragraph.
c. 
For infill development under five (5) acres that occurs within ten (10) years after the effective date of this chapter, by design, reduce to the maximum extent practicable, the total suspended solids load by forty percent (40%), based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty percent (40%) total suspended solids reduction to meet the requirements of this paragraph.
d. 
For infill development that occurs ten (10) or more years after the effective date of this chapter, by design, reduce to the maximum extent practicable, the total suspended solids load by eighty percent (80%), based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty percent (80%) total suspended solids reduction to meet the requirements of this paragraph.
e. 
Notwithstanding paragraphs a to d, if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
2. 
Water Quantity and Management of Peak Runoff.
a. 
BMPs shall manage the volume, timing, and peak flow rate of runoff to prevent increases in the regional flood and stream bank erosion rates.
b. 
These BMPs may be implemented on either a watershed basis or an individual site basis.
c. 
When implemented on a watershed basis, the BMPs implemented at a particular site shall comply with the findings of the relevant local or regional stormwater management plan, rather than Paragraphs 4 and 5.
d. 
For the fifty percent/two (50%/2) year, twenty-four (24) hour design storm, BMPs shall be designed to either: maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions or achieve a maximum runoff release rate of fifteen hundredths (0.15) cubic feet per second per acre, whichever is more stringent. Pre-development conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meanings of "hydrologic soil group" and "runoff curve number" are as determined in TR-55.
e. 
For the one percent/one hundred (1%/100) year, twenty-four (24) hour design storm, BMPs shall be designed to achieve a runoff release rate that is less than or equal to either:
(i) 
Five tenths (0.5) cubic feet per second per acre; or
(ii) 
A rate determined for the individual site that distributes runoff over the critical time sufficient to comply with paragraph (i).
3. 
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Paragraphs e through f:
a. 
For residential developments one of the following shall be met:
(i) 
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent (1%) of the project site is required as an effective infiltration area.
(ii) 
Infiltrate twenty-five percent (25%) of the post-development runoff from the two (2) year, twenty-four (24) hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent (1%) of the project site is required as an effective infiltration area.
b. 
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
(i) 
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least sixty percent (60%) of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent (2%) of the project site is required as an effective infiltration area.
(ii) 
Infiltrate ten percent (10%) of the runoff from the two (2) year, twenty-four (24) hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent (2%) of the project site is required as an effective infiltration area.
c. 
Pre-development condition shall be the same as in Paragraph (ii).
d. 
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Paragraph f. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
e. 
Infiltration Exclusions. The runoff from the following areas are prohibited from meeting the requirements of this paragraph:
(i) 
Areas associated with Tier 1 industrial facilities identified in sec. NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
(ii) 
Storage and loading areas of Tier 2 industrial facilities identified in sec. NR 216.21(2)(b), Wis. Adm. Code.
(iii) 
Fueling and vehicle maintenance areas.
(iv) 
Areas with less than three (3) feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Paragraph 3e does not prohibit infiltration of roof runoff.
(v) 
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five (5) feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
(vi) 
Areas within four hundred (400) feet of a community water system well as specified in sec. NR 811.16(4), Wis. Adm. Code, or within one hundred (100) feet of a private well as specified in sec. NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
(vii) 
Areas where contaminants of concern, as defined in sec. NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
(viii) 
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three (3) foot soil layer with twenty percent (20%) fines or greater; or at least a five (5) foot soil layer with ten percent (10%) fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Paragraph 3e does not prohibit infiltration of roof runoff.
f. 
Infiltration Exemptions. The following are not required to meet the requirements of this paragraph:
(i) 
Areas where the infiltration rate of the soil is less than six tenths (0.6) inches/hour measured at the site.
(ii) 
Parking areas and access roads less than five thousand (5,000) square feet for commercial and industrial development.
(iii) 
Redevelopment post-construction sites.
(iv) 
Infill development areas less than five (5) acres.
(v) 
Infiltration areas during periods when the soil on the site is frozen.
(vi) 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
g. 
Groundwater Limitations.
(i) 
Infiltration systems designed in accordance with this paragraph shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
(ii) 
Notwithstanding Paragraph (i), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
4. 
Protective Areas.
a. 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
(i) 
For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in sec. NR 103.04, seventy-five (75) feet.
(ii) 
For perennial and intermittent streams identified on a United States geological survey seven and five tenths (7.5) minute series topographic map, or a county soil survey map, whichever is more current, fifty (50) feet.
(iii) 
For lakes, fifty (50) feet.
(iv) 
For highly susceptible wetlands, fifty (50) feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with sec. NR 103.08(1m). This paragraph does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
(v) 
For less susceptible wetlands, ten percent (10%) of the average wetland width, but no less than ten (10) feet nor more than thirty (30) feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass.
(vi) 
In Paragraphs (i), (iv) and (v), determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in sec. NR 103.03.
(vii) 
For concentrated flow channels with drainage areas greater than one hundred thirty (130) acres, ten (10) feet.
b. 
This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant to Paragraph d.
c. 
The following requirements shall be met:
(i) 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
(ii) 
Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of seventy percent (70%) or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
(iii) 
Best management practices such as filter strips, swales, or wet detention basins that are designed to control pollutants from non-point sources may be located in the protective area.
d. 
This paragraph does not apply to:
(i) 
Redevelopment post-construction sites.
(ii) 
Infill development areas less than five (5) acres.
(iii) 
Structures that cross or access surface waters such as boat landings, bridges and culverts.
(iv) 
Structures constructed in accordance with sec. 59.692(1v), Wis. Stats.
(v) 
Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
5. 
Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
6. 
Swale Treatment for Transportation Facilities.
a. 
Applicability. Except as provided in Paragraph b, transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
(i) 
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
(ii) 
Carry runoff through a swale for two hundred (200) feet or more in length that is designed with a flow velocity no greater than one and five tenths (1.5) feet per second based on a two (2) year, twenty-four (24) hour design storm. If a swale of two hundred (200) feet in length cannot be designed with a flow velocity of one and one-half (1.5) feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
b. 
Exemptions. The City Engineer may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than two thousand five hundred (2,500) and where the initial surface water of the state that the runoff directly enters is any of the following:
(i) 
An outstanding resource water.
(ii) 
An exceptional resource water.
(iii) 
Waters listed in sec. 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
(iv) 
Waters where targeted performance standards are developed under sec. NR 151.004, Wis. Adm. Code, to meet water quality standards.
(d) 
General Considerations for On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing runoff:
1. 
Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2. 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
3. 
BMPs for water quantity management shall utilize the following techniques, in order of preference:
a. 
Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
b. 
Preservation of existing natural streams, channels, and drainageways;
c. 
Minimization of new impervious surfaces;
d. 
Conveyance of stormwater in open vegetated channels;
e. 
Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
f. 
Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
(e) 
Location and Regional Treatment Option.
1. 
The BMPs may be located on site or off site as part of a regional stormwater device, practice or system within the same watershed.
2. 
Runoff within a nonnavigable drainageway that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment.
3. 
The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs is subject to this chapter.
4. 
The City Engineer may approve off-site management measures, provided that all of the following conditions are met:
a. 
The City Engineer determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the City of West Allis and that contains management requirements consistent with the purpose and intent of this chapter.
b. 
The off-site facility meets all of the following conditions:
(i) 
The facility is in place.
(ii) 
The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this chapter.
(iii) 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
5. 
Where a regional treatment option exists such that the City Engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City Engineer. In determining the fee for post-construction runoff, the City Engineer shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
(f) 
Alternate Requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that an added level of protection is needed to protect sensitive resources.
(g) 
Credit for Removal of Impervious Surfaces.
1. 
Same Site Credit. The City Engineer may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net post-construction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the City Engineer with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the City Engineer and may be banked for allocation to other development within the watershed under Paragraph 2.
2. 
Dispersed Site in Same Watershed Credit. The City Engineer may bank the removal of impervious surfaces, which individually must be one-half (1/2) acre or more, within the same watershed, where the volume, timing and peak flow of runoff will be distributed over the critical time sufficient to assure the level of protection provided by MMSD flood abatement projects will not be reduced. The City Engineer may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or both, shall be reported, by watershed or sub-watershed, annually to the MMSD for concurrence.
(8) 
Permitting Requirements, Procedures and Fees.
(a) 
Permit Required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the City Engineer prior to commencing the proposed activity.
(b) 
Permit Application and Fees. Any responsible party desiring a permit shall submit to the City Engineer a permit application made on a form provided by the City Engineer for that purpose.
1. 
Unless specifically excepted, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.
2. 
Unless specifically excepted, a permit application shall include all appropriate DNR and/or MMSD permits/approvals.
3. 
The stormwater management plan shall be prepared to meet the requirements of Subsections (7) and (9), the maintenance agreement shall be prepared to meet the requirements of Subsection 10, the financial guarantee shall meet the requirements of Subsection 11, and fees shall be those established by the Common Council as set forth in Subsection 12.
(c) 
Review and Approval of Permit Application. The City Engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement and the required fee, as follows:
1. 
Within twenty (20) business days of the receipt of a complete permit application, including all items as required by Paragraph (b), the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
2. 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the City Engineer shall issue the permit.
3. 
If the stormwater permit application, plan or maintenance agreement is disapproved, the City Engineer shall detail in writing the reasons for disapproval.
4. 
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have five (5) business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
5. 
Failure by the City Engineer to inform the permit applicant of a decision within five (5) business days of a required submittal shall be deemed an approval of the submittal and the applicant may proceed as if a permit had been issued.
(d) 
Permit Requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with Subsection (14).
1. 
The responsible party shall design and install all structural or identify nonstructural stormwater management measures, or both, in accordance with the approved stormwater management plan and this permit.
2. 
The responsible party shall notify the City Engineer at least five (5) business days before commencing any work in conjunction with the stormwater management plan, and within five (5) business days upon completion of the stormwater management practices. If required as a special condition under Subsection (f), the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
3. 
Practice installations required as part of this chapter shall be certified "as built." Completed stormwater management practices must pass a final inspection by the City Engineer or its designee to determine if they are in accordance with the approved stormwater management plan and this chapter. The City Engineer or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
4. 
The responsible party shall maintain all stormwater management practices until the responsibility is transferred to the Common Council or subsequent private owners as specified in the approved maintenance agreement.
5. 
The responsible party authorizes the City Engineer to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under subch. VII of ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under Subsection (11).
6. 
If so directed by the City Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
7. 
The responsible party shall permit property access to the City Engineer or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
8. 
Where site development or redevelopment involves changes in direction, increases in the peak rate or the total volume of runoff, the City Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
(e) 
Permit Conditions. Permits issued under this subsection may include reasonable and necessary conditions established by City Engineer in addition to the requirements needed to meet the performance standards in Subsection (7) or a financial guarantee as provided for in Subsection (11).
(f) 
Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the City Engineer notifies the responsible party that all stormwater management practices have passed the final inspection required under Paragraph (d)(3).
(9) 
Stormwater Management Plan.
(a) 
Plan Requirements. The stormwater management plan required under Subsection (8)(b)(1) and (b)(3) shall contain at a minimum the following information:
1. 
Name, address and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
2. 
A proper legal description of the property proposed to be developed, referenced to the United States Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
3. 
Pre-development site conditions, including:
a. 
One (1) or more site maps at a scale of not less than one (1) inch equals one hundred (100) feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale not to exceed two (2) feet; topography and drainage network, including enough of the contiguous properties to show runoff patterns onto, through and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site; limits of the regional flood [the one percent (1%) probability storm event] floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to sec. NR 811.16, Wis. Adm. Code.
b. 
Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
4. 
Post-development site conditions, including:
a. 
Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.
b. 
Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.
c. 
One (1) or more site maps at a scale of not less than one (1) inch equals one hundred (100) feet showing the following: post-construction pervious areas, including vegetative cover type and condition; impervious surfaces including all buildings, structures and pavement; post-construction topographic contours of the site at a scale not to exceed two (2) feet; post-construction drainage network, including enough of the contiguous properties to show runoff patterns onto, through and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain or natural drainageway; watershed boundaries used in hydrology and pollutant loading calculations; and any changes to lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site.
d. 
Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
e. 
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
5. 
A description and installation schedule for the stormwater management practices needed to meet the performance standards in Subsection (7).
6. 
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.
7. 
Cost estimates for the construction, operation and maintenance of each stormwater management practice.
8. 
Other information requested in writing by the City Engineer to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
9. 
All site investigations, plans, designs, computations and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this chapter.
(b) 
Alternate Requirements. The City Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Subsection (7)(e).
(10) 
Maintenance Agreement.
(a) 
Maintenance Agreement Required. The maintenance agreement required under Subsection (8)(b)(1) and (b)(3) for stormwater management practices shall be an agreement between the City Engineer and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
(b) 
Agreement Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Subsection (9)(a)6:
1. 
Identification of the stormwater facilities and designation of the drainage area served by the facilities.
2. 
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Subsection (8)(b)(1) and (b)(3).
3. 
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under Subsection (8)(b)(1) and (b)(3).
4. 
Requirement that the responsible party(s), organization or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Paragraph (b).
5. 
Authorization for the City Engineer, its designee and the Milwaukee Metropolitan Sewerage District to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
6. 
Agreement that the party designated under Paragraph (b)3, as responsible for long-term maintenance of the stormwater management practices, shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
7. 
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Paragraph (b)3 does not make the required corrections in the specified time period. The City Engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to subch. VII of ch. 66, Wis. Stats.
(11) 
Financial Guarantee.
(a) 
Establishment of the Guarantee. The City Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the City Engineer. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the City Engineer that the requirements of this chapter have not been met.
(b) 
Conditions for Release. Conditions for the release of the financial guarantee are as follows:
1. 
The City Engineer shall release the portion of the financial guarantee established under this subsection, less any costs incurred by the City Engineer to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The City Engineer may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
2. 
The City Engineer shall release the portion of the financial guarantee established under this subsection to assure maintenance of stormwater practices, less any costs incurred by the City Engineer, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
(12) 
Fee Schedule. The fees referred to in other sections of this chapter shall be established by the City Engineer and may from time to time be modified by resolution. A schedule of the fees established by the City Engineer shall be available for review in the City Engineering Department.
(13) 
Illicit Discharge Prohibition and Disconnection.
(a) 
This subsection establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process.
(b) 
Applicability. This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by a City Engineer.
(c) 
Responsibility for Administration. The City Engineer shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City Engineer may be delegated to persons or entities acting in the beneficial interest of or in the employ of the City.
(d) 
Illicit Discharge Prohibitions.
1. 
No person shall discharge or cause to be discharged into the municipal storm sewer system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
2. 
Exemptions. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
a. 
The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire-fighting activities and any other water source not containing pollutants.
b. 
Discharges specified in writing by the City Engineer as being necessary to protect public health and safety.
c. 
Dye testing is an allowable discharge but requires a verbal notification to the City Engineer prior to the time of the test.
d. 
The prohibition shall not apply to any nonstormwater discharge permitted under an WPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Wisconsin Department of Natural Resources, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
(e) 
Illicit Connection Prohibitions. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(f) 
Suspension of MS4 Access.
1. 
Suspension due to Illicit Discharges in Emergency Situations. The City Engineer may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State of Wisconsin. If the violator fails to comply with a suspension order issued in an emergency, the City Engineer may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the State of Wisconsin, or to minimize danger to persons.
2. 
Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City Engineer will notify a violator of the proposed termination of its MS4 access. The violator may petition the City Engineer for a reconsideration and hearing.
(g) 
Monitoring of Discharges.
1. 
The City Engineer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.
2. 
Facility operators shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a WPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
3. 
Unreasonable delays in allowing the City Engineer access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a WPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the City Engineer reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
4. 
If the City Engineer has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City Engineer may seek issuance of a search warrant from any court of competent jurisdiction.
(h) 
Requirement to Prevent, Control and Reduce Stormwater Pollutants by the Use of Best Management Practices. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system.
(i) 
Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.
(j) 
Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system or waters of the State of Wisconsin, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the City Engineer in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Engineer within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(14) 
Enforcement.
(a) 
Any land disturbing construction activity, post-construction runoff or illicit discharge initiated after the effective date of this chapter by any person subject to the chapter provisions shall be deemed a violation unless conducted in accordance with the requirements of this chapter.
(b) 
The City Engineer shall notify the responsible party of any noncomplying land disturbing construction activity, post-construction runoff or illicit discharge. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action or additional enforcement action that may be taken. Any technique that effectively provides actual and verifiable notice may be used.
(c) 
If the violations are likely to result in damage to properties, public facilities or waters of the state, the City Engineer may enter the land and take corrective actions necessary to prevent such damage. The costs incurred by the City Engineer, plus interest and legal costs, shall be paid by the responsible party.
(d) 
If the City Engineer determines that any person is in violation of this chapter or a stormwater permit, the City Engineer may issue a notice of violation, a stop-work order, a cease and desist order, or revoke the permit, or refer the noncompliance to the City Attorney for civil enforcement, penalties, injunctive orders or other appropriate relief.
(e) 
Every violation of this chapter is a public nuisance. Any person who violates this chapter shall be subject to a forfeiture of not less than ten dollars ($10.00) or more than ten thousand dollars ($10,000.00) per offense, together with the costs of prosecution. Each day each violation continues shall constitute a separate offense.
(f) 
When the City Engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices, has failed to comply with schedules in a stormwater management plan or has failed to comply with the terms of the illicit discharge suspension, the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Subsection (11) of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(15) 
Appeals.
(a) 
Board of Appeals. The Board of Appeals, created pursuant to section 12.15 of the Municipal Code pursuant to sec. 62.23(7)(e), Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering stormwater quality or quantity duties arising from development. The Board may authorize variances that are not contrary to the public interest and, where owing to special conditions unique to the property, a literal enforcement would be an unnecessary hardship.
(b) 
Who May Appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board or bureau of the City of West Allis affected by any decision of the City Engineer.