[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 5-2-2016 by Ord.
No. 16-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 405,
Public Improvement Projects, adopted 12-20-2004 by Ord. No. 04-63,
as amended.
This chapter is adopted by the Village of Pleasant Prairie under
the authority granted by the Wisconsin Statutes, including, without
limitation, §§ 61.34, 61.345, 61.36 and 61.39, Wis.
Stats.
The purpose of this chapter is to establish uniform standards
for design and construction within the Village of Pleasant Prairie.
These standards will promote consistent design and construction practices
and safeguard the interests of the Village of Pleasant Prairie by
ensuring that all public and private improvements are designed and
constructed in conformance with sound engineering practices and accepted
standards.
This chapter hereby adopts and incorporates the Design Standards
and Construction Specifications for the Village of Pleasant Prairie,
and any amendments that may be made by the Village Board from time
to time, for all public and private improvements.[1]
[1]
Editor's Note: Said Design Standards and Construction Specifications
are on file in the Village offices.
A.
This chapter applies to design and construction of public and private
improvements, land development, and grading and filling activities
within the Village of Pleasant Prairie corporate limits.
B.
The requirements of this chapter are not exclusive. Other public
agencies may have review and permitting jurisdiction, including but
not limited to the Wisconsin Department of Natural Resources, United
States Army Corps of Engineers, Wisconsin Department of Transportation
and Kenosha County. This chapter does not substitute for the requirements
of other public agencies having jurisdiction.
No improvements, such as land grading, land filling, stormwater
drainage facilities, sanitary sewer, water mains, roadway, paving,
or other infrastructure, shall be constructed until plans are formally
approved in writing by the Village and any other agencies having jurisdiction.
The following methods of enforcement in any combination thereof
are authorized against any landowner or responsible party that is
found to be in violation of any provision of this chapter:
A.
Stop-work order. The Village may issue a stop-work order if the work
being done does not comply with Village standards, is not being done
correctly, does not have required approvals or permits from the Village
or other agencies having jurisdiction, or is deemed unsafe to the
public.
B.
Compliance order. The Village shall notify the owner in writing of
any noncomplying activity. The compliance order shall describe the
nature of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action that may be taken.
C.
Penalty. Any person violating any of the provisions of this chapter is subject penalties pursuant to § 1-4 of the Village Code.
D.
If the violations are likely to result in damage to private properties,
public facilities, waters of the state or other waterways in the Village,
the Village may take emergency actions necessary to prevent such damage.
E.
The owner or responsible party is responsible for any costs incurred
by the Village to bring the violation into compliance with any compliance
order. The Village shall mail an invoice for any such work to the
owner or responsible party. All invoices shall be paid within 30 days.
For invoices not paid within 30 days, there is a penalty of 1.5% per
month due on the unpaid invoice balance, along with an additional 10%
penalty if the outstanding invoice, interest, and penalty are placed
on the tax roll (a lien against the property). The right of the Village
to assess a lien against the property shall be one of the remedies
available to the Village but shall not be the exclusive remedy. The
Village may also sue for a money judgment for any invoices which are
past due.
F.
The Village may seek enforcement of violations of this chapter through
a court of equity located in Kenosha County.
The provisions of this chapter are considered minimum requirements.
Where conditions imposed by this chapter differ from comparable conditions
imposed by any other ordinance, law, resolution, rule, or regulation
of any kind, the regulations that are more restrictive or that impose
higher standards or requirements shall govern. The Village reserves
the right to interpret and make determinations with regard to rules
and regulations.
A.
Reference to the current Design Standards and Construction Specifications
shall be per current year edition, with first edition year hereby
adopted as 2016.
B.
The Village Board may consider amendments, as issued per addendum,
during the year for the current year edition. Addendum(s) shall be
made by resolution that includes a description of the proposed amendments.
C.
Each current year edition shall be updated to incorporate the previous
year's addendum(s).
[Amended 12-19-2016 by Ord. No. 16-45]
A.
Any person aggrieved by any decision, action or determination made
by an authorized Village official interpreting or implementing this
chapter may file with the Village Engineer a written request for reconsideration
within 30 days of such decision, action or determination, setting
forth in detail the facts supporting the request for reconsideration.
The Village Engineer shall render a decision on the request for reconsideration,
in writing, within 15 days of the receipt of request. If the ruling
on the request for reconsideration made by the Village Engineer is
unsatisfactory, the person requesting reconsideration may, within
15 days after the Village Engineer's ruling, file a written appeal
to the Village Board.
B.
A fee as established in the Village Fee Schedule, to help defray
the cost of the appeal, shall accompany any appeal to the Village
Board for its ruling. The written appeal shall be heard by the Village
Board within 45 days from the date of filing. The Village Board may
reverse, affirm, or modify the determination of the Village Engineer,
and the Board's decision shall be final. The Village Board shall promptly
notify the appellant of its findings in writing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
