[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 4, Chs. 1 and 2 of the 1985 Code.
Amendments noted where applicable.]
The grade of all streets, alleys and sidewalks
shall be established by resolution by the Village Board and the same
recorded by the Village Clerk-Treasurer in said Clerk-Treasurer's
office. No street, alley or sidewalk shall be worked until the grade
thereof is established.
No person shall alter the grade of any street,
alley, sidewalk or public ground or any part thereof in the Village
of Westfield by any means whatsoever unless authorized or instructed
to do so by the Village Board or the Director of Public Works. All
such alterations of grade shall be recorded in the office of the Village
Clerk-Treasurer by the Clerk-Treasurer or the officer authorizing
the alteration.
A.
Street grades to be established. It is hereby determined
and declared necessary that the street grades be established by resolution
prior to the construction of permanent street improvements in the
Village.[1]
B.
Definitions. For the purposes of this section, the
term "street improvement" shall include the following:
C.
Proper drainage. In order to assure proper drainage
of properties to the streets, no building permits shall be issued
without the provision that the first floor of the proposed building
shall be not less than 18 inches above the official street grade at
the center of the building. Said drainage should not be directed on
any adjoining property owner's land.
D.
Village to construct. The street improvements indicated in the above Subsection B will be constructed under Village direction, and these improvements will be paid for in part or completely, as provided in other parts of this section, using the special assessment procedures set forth in the § 66.0703, Wis. Stats.[2]
E.
Cost apportionment. The proportion of cost apportionment for the special assessment for street improvement work items under Subsection B shall be as follows:
(1)
Fifty percent of the cost of installing curb and gutter
shall be assessed to the landowner and 50% of said cost shall be paid
by the Village of Westfield.
(2)
Incidental cost for fill, street repair and other
related items shall be paid by the Village of Westfield.
(3)
The cost of installing sidewalks shall be assessed
to the property owner based upon the footage of sidewalk crossing
said property owner's land, except that $1 per square foot will be
paid by the Village of Westfield.
[Amended 9-18-1986]
(4)
Fifty percent of the cost of any sewer main line extension
based on linear-foot cost is to be paid by the Village of Westfield.
The landowner abutting said street by which the sewer main extension
is so constructed shall pay 50% of the installation thereof based
on the linear feet of lot frontage of said landowner.
F.
Costs included in assessment.
(1)
The assessable cost, as determined under Subsection E, shall include the full cost of the improvements, including labor, materials, equipment and engineering costs.
(2)
The costs for all work at intersections shall be based
on his proportional share of the frontage of his property to the total
assessable frontage.
G.
Assessments a lien. All charges established in this
section shall be direct liens upon the property improved.
A.
All sidewalks hereafter constructed in the Village
of Westfield shall be constructed in accordance with the provisions
of this section. All sidewalks shall be constructed of good quality
concrete, a minimum of four inches in thickness, except that where
sidewalks cross driveways and alleys, they shall be at least six inches
in thickness. Said sidewalks shall be a minimum of four feet wide,
and the edge of said sidewalk shall be laid along the right-of-way
of the landowner's property line and shall be within the public right-of-way
conforming with existing sidewalks.
[Amended 11-10-1988]
B.
No person, firm or corporation shall construct any
sidewalk in the Village of Westfield until he shall first obtain a
permit to do so from the Village Board of the Village of Westfield.
Prior to the issuance of said permit, the Village Board shall establish
the width and grade of said sidewalk, its location with reference
to the street, and such other specifications as may be necessary.
C.
Sidewalk permits may be issued upon application to
the Village Board by the property owner or, in cases where the Village
Board determines that a particular sidewalk is necessary for the public
health, safety and general welfare of the Village, said permit may
be issued by the Village Board at its own direction upon 90 days'
notice to said property owner.
D.
The Village shall remove any old sidewalk it deems
necessary and provide the proper subgrade. The Village will further
stake said sidewalk dimensions and all sidewalks shall be constructed
according to the grade and location so established by the Village.
E.
Sidewalks constructed by a property owner shall be
constructed with 30 days from the issuance of the sidewalk permit.
In the event of failure of the property owner to construct the sidewalk
within 30 days of issuance of the permit, said sidewalk will be constructed
by the Village of Westfield and assessed to the abutting property
as a special assessment.
F.
No sidewalk permits shall be issued by the Village
during periods that there is frost in the ground.
G.
Upon completion of construction performed in accordance
with this section, the Village of Westfield shall reimburse to the
property owner an amount as set by the Village Board per square foot
of new sidewalk constructed according to specification.
[Amended 5-8-2007 by Ord.
No. 10:07]
H.
All sidewalks in the Village shall be maintained in
good order and repair by the property owner upon whose land said sidewalk
abuts. In the event the Village Board determines that repairs are
necessary, it shall so notify the property owner and the property
owner shall have 10 days in which to make said repairs. In the event
that said property owner shall fail to so repair such sidewalk within
10 days, the Village may make said repairs and charge the cost thereof
to the property owner as a special assessment.
I.
All sidewalks in the Village shall be kept free of
debris and obstacles by the property owner upon whose land said sidewalk
abuts.
J.
Official notification to clear snow shall be provided
to property owners on the Village's website, Facebook page, and noticed
in the Marquette County Tribune by November 1 of each year. In times
of snowfall, all sidewalks shall be cleared by the property owner
(full width and length) upon whose land said sidewalk abuts within
24 hours of the sidewalk becoming snow covered to a depth of at least
one inch, or sprinkled with ashes, sawdust or sand if it becomes ice
covered. All noncompliant property owners will be issued an ordinance
violation citation, and the Village shall cause all sidewalks which
have not been cleared of snow and ice as required by this subsection
to be cleared. When snow or ice removal is performed by Village personnel,
the property owner shall be assessed a minimum of $50. If the actual
cost of such snow or ice removal exceeds $50, the assessed charge
will be calculated as follows: hourly pay rate plus cost of fringe
benefits of each employee involved in the removal plus the number
of employees involved times the length of time involved plus the cost
of any equipment involved in the removal. (The cost of such equipment
is determined by reference to the State of Wisconsin Maintenance Manual
Exhibit 5.55.) Such charges levied in accordance with the above shall
be a debt due to the approving authority and shall be a lien upon
the property. If this debt is not paid by the 10th of the month following
the billing day, a 1% charge per month shall be added to the delinquent
bill. Thereafter, if payment is not received prior to November 15
of the current year, the delinquent bill will be placed on the succeeding
tax roll.
[Amended 4-14-1998; 5-8-2007 by Ord. No. 10:07; 7-9-2019 by Ord. No. 19:05]
(1)
The
Village prohibits the placement of snow and ice on any Village street
or public sidewalk.
K.
No person shall block to pedestrians any sidewalk
in the Village without first having obtained the consent of the Chief
of Police of the Village. Said Chief of Police shall permit the blocking
of sidewalks only for reasonable periods of time for appropriate purposes
such as tree removal, repairs, vehicle unloading, etc.
L.
Any person who shall construct or replace any sidewalk within the Village without a permit obtained in compliance with this section or who shall violate the provisions of any subsection herein shall be subject to the penalty provided in Chapter 1, § 1-3 of this Code in addition to the cost of the action.
[Amended 5-8-2007 by Ord. No. 10:07]
A.
Insurance and map. There shall be a fee as set by
the Village Board for any right-of-way or street excavation permits.
In addition, a deposit shall be required as established from time
to time by the Village Board for the excavation of any street, alley,
public property or public right-of-way which is being cut, trenched
into, excavated, or improved by any person or public utility. Said
improvement shall be proposed to the Village Clerk-Treasurer as evidenced
on a map indicating the intended construction, and bonding insurance
may be required by the Village.[1]
B.
Insurance required. A permit shall be issued only
upon condition that the applicant submit to the Director of Public
Works satisfactory written evidence that the applicant has in force
and will maintain during the time the permit is in effect public liability
insurance of not less that $100,000 per one person and $300,000 for
one accident and property damage coverage of not less than $50,000.
C.
Excavation in new streets limited. When ever the Village
Board determines to provide for the permanent improvement or repaving
of any street or replacement of any sidewalk or curb and gutter, such
determination shall be made not less than 30 days before the work
of improvement or repaving shall begin. Immediately after such determination
by the Village Board, a Village representative shall notify in writing
each person, utility, Village department or other agency owning or
controlling any sewer, conduit or other utility in or under the street
or any real property abutting the street. All such excavation must
be completed within 30 days of notification. Materials being replaced
in said excavations shall meet prior approval of the Director of Public
Works before any such materials may be placed. An on-site inspection
is required from the Director of Public Works before said work is
deemed complete.
[Added 5-9-2006]
(1)
After such permanent improvement or repaving, no excavation
permit shall be issued to open, cut, or disturb the street, sidewalk,
or curb and gutter for a period of five years after the date of the
improvement or repaving, unless in the opinion of the Director of
Public Works an emergency exists which makes it absolutely essential
that the permit be issued.
(2)
In emergency excavations performed during the winter
months when it is not possible to replace the removed pavement or
like material, the excavation shall be temporarily resurfaced with
a minimum of 3 1/2 inches of cold mix bituminous material. The temporary
wearing surface shall be compacted and rolled smooth. The temporary
wearing surface shall be removed and replaced with materials approved
by the Director of Public Works by no later than the following June
1. In all other times of the year the permanent wearing surface, no
less than the permanent structure that currently exists, shall be
replaced within 60 days of the date a permit was issued and/or excavation
is complete. If these requirements are not met the Village shall complete
said work and the expense of said work shall be charged to the person(s)
responsible for the original excavation.
(3)
Every effort shall be made to place gas, electric,
telephone, and television cable in the street parkways and terraces.
Sewer lateral connections shall be installed to all vacant lots which
meet the Village's current zoning ordinances. The Village shall include
the cost of said lateral connection as a special assessment to the
real property for which the lateral is installed.
A.
Deposit. No permit shall be issued unless and until
the applicant therefor has deposited with the Village Clerk-Treasurer
a cash deposit in the sum of $40 if no pavement is involved and $500
if the excavation is in a paved area to insure the proper restoration
of the ground or laying of the pavement if any. From this deposit
shall be deducted the expenses to the Village of relaying the surface
of the ground or pavement and of making the refill if this is done
by the Village or at its expense, and the balance shall be returned
to the applicant without interest after the tunnel or excavation is
completely refilled and surface or pavement is restored.
B.
Manner of excavation. It shall be unlawful to make
any such excavation or tunnel in any way contrary to or at variance
with the terms of the permit therefor. Proper bracing shall be maintained
to prevent the collapse of adjoining ground, and in excavations the
excavation shall not be anywhere below the surface of any portion
which extends beyond the opening at the surface. No injury shall be
done to any pipes, cables or conduits in the making of such excavations
or tunnels, and notice shall be given to the persons maintaining any
such pipes, cables or conduits or to the Village department or officer
charged with the care thereof which are or may be endangered or affected
by the making of any such excavation or tunnel before such pipes,
cables or conduits shall be disturbed. No unnecessary damage or injury
shall be done to any tree shrub or the roots thereof.
C.
Sidewalks. If any sidewalk is blocked by any such
work a temporary sidewalk shall be constructed or provided which shall
be safe for travel and convenient for users. The temporary sidewalk
is subject to inspection by the Director of Public Works and shall
not be open for use until approved by him.[1]
D.
Restoring surface and utilities. Any person, firm
or corporation (the excavator or general contractor) making any excavation
or tunnel in or under any public street, alley or other public place
in the Village shall restore the surface to its original condition.
Refills shall be properly tamped down, and any bracing in such tunnel
or excavation shall be left in the ground. Any opening in a paved
or improved portion of a street shall be repaired and the surface
relaid by the excavator or general contractor, in compliance with
the ordinances of the Village and under supervision of the Director
of Public Works. If the excavation is made between October 1 and April
15, the excavation must be made safe for travel within 15 days and
restoration must be completed by May 15. If the excavation is made
between April 15 and September 30, restoration must be completed within
30 days of the date of the excavation. Any damage caused to underground
utilities in the course of the excavation or refilling shall be repaired
at the expense of the excavator or general contractor within 24 hours
after the damage occurs.
E.
Supervision. The Director of Public Works shall from
time to time inspect or cause to be inspected all excavations and
tunnels being made in or under any public street, alley or other public
place in the Village to see to the enforcement of the provisions of
this section. Notice shall be given to him at least 10 hours before
the work of refilling any such tunnel or excavation commences.
F.
Tunneling required. It shall be unlawful to make any
excavation in any portion of a street or sidewalk in the Village which
is paved with a concrete or asphalt paving. Where necessary, and where
a proper permit has been secured, tunnels may be driven or excavated
under any such pavement, provided that upon completion of the work
involved the tunnel shall be backfilled with compacted sand.
G.
Protective measures and routing of traffic. It shall
be the duty of every person cutting or making an excavation in or
upon any public place to place and maintain barriers and warning devices
necessary for the safety of the general public. Barriers, warning
signs, lights, etc., shall conform to the requirements of all applicable
Village ordinances. Warning lights shall be flares, torches, lanterns,
electrical markers or flashers used to indicate a hazard to traffic
from sunset of each day to sunrise of the next day. Torches shall
be open wick or flame flares or bombs generally used in connection
with roadway repair or construction and operating on kerosene or similar
fluid.
H.
Protection of traffic. The permittee shall maintain
safe crossings for two lanes of vehicle traffic at all street intersections
where possible and safe crossings for pedestrians at intervals of
not more than 300 feet. If any excavation is made across any public
street, alley or sidewalk, adequate crossings shall be maintained
for vehicles and for pedestrians. It the street is not wide enough
to hold the excavated material without using part of the adjacent
sidewalk, a passageway of at least 1/2 of the sidewalk width shall
be maintained along such sidewalk line.
I.
Frozen ground. No openings in the streets, alleys,
sidewalks or public ways shall be permitted when the ground is frozen
except where it is deemed necessary by the Director of Public Works.
J.
Removal of paving. In any opening or excavation, all
paving or ballasting materials shall be removed with the least possible
loss of or injury to surfacing materials and together with the excavated
materials from the opening shall be placed so as to cause the least
practicable inconvenience to the public and permit free flow of water
along gutters.
K.
Protection of public. Every opening and excavation
shall be enclosed with sufficient barriers. Sufficient warning lights
shall be kept on from sunset to sunrise. Such lights shall be spaced
so as to give adequate warning of the existence of the opening and
of piled excavation materials. No open flame warning pots shall be
used. Except by special permission from the Director of Public Works,
no trench shall be excavated more than 250 feet in advance of pipe
or conduit laying nor left unfilled more than 500 feet where pipe
or conduit has been laid. All machinery and equipment shall be locked
or otherwise effectively safeguarded from unauthorized use when not
being used by the permittee, his agents or employees. All necessary
precautions shall be taken to guard the public effectually from accidents
or damage to persons or property through the period of the work. Each
person making such opening shall be held liable for all damages, including
cost incurred by the Village in defending any action brought against
it for damages, as well as cost of any appeal, that may result form
the neglect by such person or his employees of any necessary precaution
against injury or damage to persons, vehicle or property of any kind.
L.
Replacing street surface. In opening any public street,
public alley, public sidewalk, public way, public easement or public
ground, the paving materials, sand, gravel and earth or other material
moved or penetrated and all surface monuments or hubs must be removed
or replaced as nearly as possible in their original condition or position
and the same relation to the remainder as before. Any excavated material
which in the opinion of the Director of Public Works is not suitable
for refilling shall be replaced with approved backfill material. All
rubbish shall be immediately removed, leaving the street or sidewalk
in perfect repair, the same to be so maintained for a period of one
year. In refilling the opening, the earth must be puddled or laid
in layers not more than six inches in depth and each layer rammed,
tamped or flushed after settling. When the sides of the trench will
not stand perpendicular, sheathing and braces must be used to prevent
caving. No timber, bracing, lagging, sheathing or other lumber shall
be left in any trench. The Village may elect to have the Village make
the pavement repair for any street or sidewalk opening, in which case
the cost of making such repair and of maintaining it for one year
shall be charged to the person making the street opening.
M.
Emergency excavation. In the event of an emergency
any person, firm or corporation owning or controlling any sewer main,
gas main, water main, conduit or other utility in or under any public
street, alley, easement, way or ground and his agents and employees
may take immediate proper emergency measures to remedy dangerous conditions
for the protection of property, life, health or safety without obtaining
an excavation permit, provided that such person, firm or corporation
shall apply for an excavation permit not later than the next business
day.
N.
Application requirements. The application for a permit
shall be in writing and signed by the applicant or his agent. The
applicant shall submit to the Village Director of Public Works, at
the time the permit is applied for, sufficient information relating
to the work to be done, including the general location and nature
of the work and the method applicant proposes to use in doing the
work. The Village Director of Public Works shall determine if sufficient
information is submitted.
O.
Village work excluded. The provisions of this section shall not apply to excavation work done under the direction of the Director of Public Works by Village employees or contractors performing work under the contract with the Village, except that the safety precautions under Subsection K hereof shall be complied with.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds, or land dedicated to public use or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project
no more that six feet from the face of such building and which do
not extend below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings which do not extend below any point seven
feet above the sidewalk, street or alley.
(3)
Public utility encroachments duly authorized by state
law or by the Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on a sidewalk,
provided that such goods, wares, etc., do not remain thereon for more
than three hours.
C.
Removal by Village. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any unlawfully
obstructed sidewalk shall refuse or neglect to remove such obstruction
with 24 hours after notice from the Director of Public Works to do
so, it shall be the duty of the Director of Public Works to remove
such obstruction and make return of the cost and expense thereof to
the Village Clerk-Treasurer, who shall enter such cost on the next
annual tax roll as a special charge against the property abutting
such obstructed sidewalk, and such sum shall be levied and collected
as other special taxes against real estate.
No owner or occupant shall allow the sidewalk
abutting on his premises to be littered with rubbish or dirt. If such
owner or occupant shall refuse of fail to remove any such rubbish
or dirt when notified to do so by the Village Board, the Board may
cause the same to be done and report the cost thereof the Village
Clerk-Treasurer, who shall spread the cost on the tax roll as a special
tax against the premises, or such cost may be recovered in an action
against the owner or occupant.
No person shall burn any leaves, trash, rubbish
or other materials within the traveled portion of a roadway.
A.
Definition. "Terrace" shall be defined as that portion
of right-of-way lying between sidewalk and street or curb.
B.
Noxious weeds; paving. All that part of the terrace
not covered by a sidewalk shall be kept free and clear of all noxious
weeds and shall not be paved, surfaced or covered with any material
which shall prevent the growth of plants and shall be maintained as
a lawn, except in areas specifically approved by the Village Board
or its designee.
C.
Responsibility to maintain. Every owner of land in
the Village whose land abuts a terrace is required to maintain, or
have maintained by his tenant, the terrace directly abutting such
land as provided in this section and elsewhere in this Code. Every
owner shall keep mailboxes on a terrace free and clear of snow.
A.
When required. Permits for the use of the streets,
alleys, sidewalks or other public ways or places of the Village may
be granted to applicants by the Director of Public Works for the purpose
of moving any building or structure or of encumbering the street,
alley, sidewalk or way with materials necessary in and about the construction
or demolition of any building or structure, provided that such applicant
has complied with the other requirements of this section and has obtained
a building permit if required by this Code.
B.
Bond. No street privilege permit shall be issued until
the applicant shall execute and file with the Village Clerk-Treasurer
a bond in an amount determined by the Director of Public Works, conditioned
that the applicant will indemnify and save harmless the Village of
Westfield from all liability for accidents or damage caused by reason
of operations under said permit and will remove such encumbrance upon
termination of the operations and will leave the vacated premises
in a clean and sanitary condition and repair any and all damage to
the streets, alleys, sidewalks or public property of the Village resulting
from such building or moving operations.
C.
Fee. The fee for a street privilege permit shall be
as set by the Village Board.
D.
Conditions of occupancy. The permission to occupy
or obstruct the streets, alleys, sidewalks or public grounds is intended
only for use in connection with the actual erection, alteration, repair,
removal or moving of buildings or structures and shall be given upon
the following terms and conditions and subject to revocation without
notice by the Director of Public Works for violation thereof:
(1)
Such temporary obstruction shall cover not more than
1/3 of any street or alley.
(2)
Obstructions shall be sufficiently lighted at night
so as to be in full view of the public from all directions.
(3)
Sidewalk traffic shall not be interrupted, but temporary
sidewalks of not less that four feet in width guarded by a closed
fence at least four feet high on both sides may be maintained during
the period of occupancy.
(4)
The process of moving any building or structure shall
be as continuous as practicable until completed and, if ordered by
the Director of Public Works, shall continue during all hours of the
day and night.
(5)
No building or structure shall be allowed to remain
overnight on any street crossing or intersection or so near thereto
as to prevent easy access to any fire hydrant.
(6)
Buildings shall be moved only in accordance with the
route prescribed by the Director of Public Works.
(7)
Upon termination of the work necessitating such obstruction,
all parts of the streets, alleys, sidewalks or public grounds occupied
under the permit shall be vacated, cleaned of all rubbish and obstructions
and placed in a safe condition for public travel at the expense of
the permittee.
E.
Termination. All street privilege permits shall automatically
terminate at the end of three months from the date of issuance unless
an earlier termination date is specified thereon at the direction
of the Director of Public Works.
A.
There is created a pedestrian mall in the 300 block
of Thomas Street whereby vehicular traffic on the street will be closed
during school hours, 8:00 a.m. to 3:45 p.m. weekdays only, pursuant
to § 66.0905, Wis. Stats.
B.
All responsibility and cost for erecting and maintaining
movable code-approved control devices shall be paid by the School
District.
C.
Creation of such pedestrian mall shall not constitute
a discontinuance or vacation of such street or public way under § 66.1003
or 236.43, Wis. Stats.
