[HISTORY: Adopted by the Village Board of
the Village of Wales 4-17-1989 as §§ 8.01 to 8.12, 8.14, 8.15, 8.17, 8.18,
8.20 and 8.25 of the 1989 Code. Amendments noted where applicable.]
All streets of the Village shall be known and
designated by the names on the map of the Village kept on file in
the office of the Village Clerk, and the street names designated on
such map shall continue to be the names of streets unless and until
changed by ordinance of the Village Board.
Buildings located along the streets of the Village shall be numbered in accordance with a chart kept by the Village Clerk showing the proper street number of each lot. The owner of any building shall place such number on his building so as to be visible from the street. If such address is not posted as required, the Fire Chief shall have the authority to cause the address to be posted as deemed necessary and at the expense of the owner of the building. Any person failing to comply with this section within 10 days of notice to do so shall be subject to a penalty as provided § 390-21 of this chapter.
No person shall damage or deface any street,
alley, sidewalk, public way, park or other public or quasi-public
property or any post, wire, lamp, street sign, traffic sign, tree,
grass, vegetation, water main, culvert, sewer, inlet, manhole or any
other appurtenance thereon, except as may be authorized by the Village
Board.
A.
No person shall erect or maintain any structure or
thing on, over or under any street, alley, sidewalk or public right-of-way
except by permit from the Village Board. Application for such permit
shall describe the nature of the encroachment in such detail as the
Board shall require. The Board in its discretion may issue or deny
the permit and may impose any conditions on such permit it deems appropriate.[1]
B.
Awnings made of a pliable substance attached to a
building and extending not less than eight feet above the surface
of the sidewalk may be erected and maintained without a permit.
C.
Any encroachment on any street, alley, sidewalk or
public way shall be maintained so that it does not endanger or obstruct
the public.
D.
Any encroachment maintained in violation of this section
is declared a nuisance and may be abated by the Village.
A.
No person shall obstruct or endanger the free passage
or proper use by the public of any street, sidewalk, alley or public
place, except as may be permitted by this chapter.
B.
Goods, wares and merchandise may be placed on sidewalks
for such reasonable time as may be necessary while loading and unloading,
provided that pedestrian traffic is not obstructed.
A.
Permission. Builders may occupy that portion of the
public street and sidewalk abutting upon and adjacent to buildings
for private use in connection with the actual building operations
under such permit as is required, subject to the supervision and direction
of the Building Inspector.
B.
Materials on streets. No materials except those required
for immediate use in connection with a building or structure, or the
alteration or repair thereof, shall be placed upon the street or sidewalk
abutting upon or adjacent to such building. As soon as such building
or structure is under roof, all materials shall be placed within the
lot line and the street and sidewalk cleaned and placed in the same
condition as before the beginning of building operations under such
permit.
C.
Area used; temporary walks. No more than 1/2 the space
between the center line of the street and the lot line of the premises
upon which such building alterations or repairs are being conducted
under such permit and no more than 1/3 the width of any public sidewalk
or pathway shall be occupied under such permit, provided that the
full width of the sidewalk or pathway may be occupied by the consent
of the Building Inspector and the providing of a temporary walk leading
around the obstructed portion of the sidewalk or pathway connecting
the permanent walk at either end thereof. Such temporary walk shall
be constructed to the satisfaction of the Building Inspector and shall
be made safe and secure for public travel.[1]
D.
Access to hydrants and sewers. No building material,
temporary walk or obstruction shall be placed so as to render inaccessible
access to or obstruct any fire hydrant, manhole, catch basin or vault
or render impassable to vehicles any street, alley or public way.
E.
Cleaning walk. The holder of such permit shall at
all times during the work thereunder maintain the portion of the permanent
sidewalk reserved or the temporary walk provided for above in a safe
condition and clear of all materials, rubbish, dirt or snow.
F.
Barriers. The builder shall erect and maintain a sufficient
and suitable fence, railing or barricade to guard all excavations,
embankments or obstructions along the street obstructed during the
time he/she shall occupy the same under such permit.
G.
Lights. The builder shall place and maintain proper
and sufficient warning lights on each end of every such obstruction
or excavation and at intervals of a maximum of 50 feet along the same
at night. No person shall remove, extinguish or disturb such lights.[2]
H.
Obstructing drainageways. The builder shall at no
time obstruct the drainage ditch or curb and gutter flow line or any
storm sewer facilities so as to prevent free passage of water along
or under the street. If any drainageway shall be shaded or covered
such that ice accumulates therein, he/she shall clear the drainageway
of such ice so as to allow the water to pass freely.[3]
A.
Permit. No person shall excavate or open any public
street or highway within the Village or cause the same to be done
without first obtaining a permit therefor from the Village.
(1)
There shall be two types of permits:
(a)
For installations generally paralleling or crossing
a public street right-of way, including service laterals which enter
or cross the paved or traveled portion of any public street, written
application shall be made and filed with the Village Clerk for consideration
by the Village Engineer or Building Inspector and the Village Board,
as necessary. The Village Engineer or Building Inspector, as appropriate,
shall be paid a fee for inspection of utilities or service laterals
entering the traveled portion or crossing any public street right-of-way
as determined by the Village Board.
(b)
For installations of service lateral not entering
or crossing the traveled portion of any public street, application
shall be made to the Building Inspector.
(2)
Fees in amounts as determined by resolution of the Village Board shall be charged for permits issued under Subsection A(1)(a) and shall be deposited by the applicant with the Village Clerk at the time the application for such permit is made. Fees in amounts as determined by resolution of the Village Board shall be charged for permits issued under Subsection A(1)(b) and shall be deposited by the applicant with the Building Inspector at the time application for such permit is made. The amount of the permit fee will be doubled in cases where the work had begun prior to Village issuance of a permit.
B.
Form of application. Every such application for a
permit shall include a sufficiently detailed drawing or (as a minimum)
a sufficiently detailed description of the streets or rights-of-way,
location(s), and specific details regarding the proposed openings
or excavations. The application shall show and describe the length,
width, and depth of the proposed openings or excavations in public
roadways and shall state the purpose of and show characteristics of
any facilities to be installed. An application shall also provide
the following information and other such information as may be required:
(1)
Name, address, phone, e-mail and other contact information
for the property owner or developer and similar contact information
for the contractor's site and office personnel.
(2)
The estimated start and completion dates for the work
(3)
The estimated cost of the work. The Village reserves
the right to establish a guarantee based on the cost of the work.
(4)
Signature of applicant or authorized representative
agreeing to conform to all the provisions, rules and regulations of
the Village pertaining to the work or purpose for which the permit
is requested. The applicant acknowledges that he/she will be responsible
for repairing or the cost of repairs for any damage to Village streets
or other items in the public right-of-way.
C.
Village work excluded. The provisions of this section
will not apply to excavation work performed by Village employees or
by contractors performing work under direction of the Village Engineer
or other Village staff, with said work being performed under contract
with the Village. In the latter case, work requiring street excavations
or openings in streets or the public right-of-way shall be regulated
by the contract between the Village and the contractor.
D.
Emergency excavation authorized. In the event of an
emergency, any person controlling any sewer, water main, conduit or
other utility in or under any street and his agents or employees may
take immediate proper emergency measures to remedy dangerous conditions
for the protection of property, life, health or safety without obtaining
a permit as provided herein, provided that such person shall apply
for a permit required under this section no later than the end of
the next succeeding business day and shall not make any permanent
surface repairs without first obtaining a permit pursuant to the provisions
herein.
E.
Conditions of permit. Any permit issued by the Village
pursuant to this section is subject to the following terms and conditions:
(1)
Tunneling; boring. All excavations in the paved portion of any street or highway in the Village shall be done by tunneling or boring methods so that the paved portion of any street or highway will not be disturbed. For purposes of this provision, a paved street or highway shall include concrete pavement, bituminous surfacing and any other street or highway upon which permanent surfacing exists. If the Village Engineer or Building Inspector determines that any unusual condition exists which would make it impracticable to excavate by tunneling or boring methods at any location upon any public street or highway within the Village, the Village Engineer or Building Inspector may waive the requirement for tunneling or boring at such location. All material from tunneling or trenching in or adjacent to the travelled way in any street shall be controlled such that it minimizes impacts or inconveniences to the public and is controlled per the Village erosion control and stormwater management requirements in Chapter 384 of the Village Code.
(2)
Street
repairs for trenching. Where the Village Engineer/Building Inspector
has approved trenching in existing Village streets, the following
procedure will be used to repair the impacted pavement section:
(a)
The contractor shall contact the Village Engineer or Building Inspector
a minimum of 24 hours prior to repairing the excavation to arrange
for inspection of the work. The contractor shall ensure appropriate
traffic controls are in place prior to the work.
(b)
The contractor shall backfill the trench (above any pipe bedding)
with slurry materials for the width of the pavement section plus five
feet (to include the width of any curb and gutter). Slurry backfill
is to be installed up to the existing pavement elevation and to let
stand for 24 hours. The six to 12 inches of the excavation may be
in compacted granular material. (Granular backfill may be used for
some cases involving very shallow excavations, with the written approval
of the Village Engineer or Building Inspector.) The final asphalt
patch shall be installed within 72 hours of the slurry being installed.
(c)
The contractor shall remove the granular material or slurry backfill
down to the bottom of the existing asphalt pavement or 3.5 inches,
whichever is greater. The contractor shall saw cut a straight line
in the asphalt surrounding the excavation for Village inspection prior
to paving.
(d)
The contractor shall install and compact two lifts of hot mix asphalt
to a total depth of 3.5 inches or the depth of the existing asphalt,
if greater. The contractor shall compact the individual asphalt layers
with a vibratory compactor to attain density levels required by the
Village. Plate compactors are permissible only around structures or
in very narrow excavations. Asphalt surfaces adjacent to manholes,
valve boxes, etc., must be 1/2 inch higher than the structure to prevent
subsequent damage from snowplows. The Village Engineer may require
the contractor to take and report density readings on the asphalt
patch; if the results do not meet Village standards, the Village may
require the contractor to test the patch by coring to ensure compliance
or to replace the patch at the contractor's expense.
(e)
If the patching occurs during winter, the contractor may patch the
excavation with winter mix, and this will be considered a temporary
patch. The contractor shall remove the temporary patch and install
and compact hot mix asphalt within 30 days after hot mix asphalt becomes
available.
(f)
Final restoration of vegetated surfaces must be completed within
30 days of the granting of the permit, or during the month of May
for winter construction.
(g)
Larger projects. For projects of substantial length, the contractor
shall restore the area in phases, as possible, to ensure minimum portions
of excavation are open and minimum public exposure to hazards. The
contractor shall provide a restoration schedule to the Village Engineer/
Building Inspector.
(3)
Maintenance of streets after completion. Any person
obtaining a permit as herein provided shall be required to maintain
and repair that portion of any public highway or street in the Village
whereon such excavation or opening is made for a period of one year
from the date that excavation or opening is closed, except that such
time may be extended by the Village Engineer/Building Inspector if
the excavation or opening has not become stabilized within the period
of one year from the date of the opening, and shall keep and maintain
the highway or public street whereon the opening is made in the same
condition as the remainder of the highway or public street whereon
such opening was made. If such repairs are not made as herein provided,
the Village Engineer/Building Inspector shall order the same made
by the person obtaining a permit herein provided upon seven calendar
days' written notice. If such repairs are not made within the time
specified, the Village Engineer/Building Inspector shall cause the
repairs to be made and charge the expense thereof to the permittee.
The Village will charge the applicant the actual cost of the work
plus 25%.
(4)
Protection of the public. Every person opening any
public street or highway within the Village will barricade the same
in accordance with the applicable portion of the current Federal Highway
Administration Manual on Uniform Traffic Control Devices (MUTCD) with
Wisconsin supplement. All reasonable and necessary precautions shall
be taken to protect the public from accident or damage to persons
or property from the beginning to the end of the work. Reasonable
precautions include backfilling sections as work is completed and
providing visual and protective barriers to protect the public during
work periods. They also included installing steel plates in right-of-way
excavations, erecting temporary lighting, and marking material piles
and any equipment allowed to remain on site during nonwork hours.
The person obtaining the permit will be held responsible for all damages
that may result from his negligence in opening the public street or
highway and in performing the work incidental thereto, including any
claims for damages resulting from his negligence in failing to maintain
the disturbed portion of the public street or highway for a period
of one year from the date the opening is closed, except that such
time may be extended by the Village Engineer/Building Inspector if
the excavation or opening has not become stabilized within the period
of one year from the date of the opening to the satisfaction of the
Village Engineer/Building Inspector. The permittee shall also be liable
to the Village for its costs and expenses in defending any action
brought against it for damages and costs of any appeal that may result
therefrom, including any claim for damage that may result to the Village
by reason of failure to keep the public street or highway in repair
as herein provided. The permittee shall not be liable or otherwise
responsible for indemnifying, protecting or holding the Village harmless
from and against its own acts or omissions and the consequences thereof.
(5)
Bond. Before a permit is granted, the applicant therefor
shall execute to the Village and deliver to the Village Clerk at the
time the application for such permit is filed an irrevocable bond
or undertaking in the sum of $5,000, or other such sum as the Village
Board may determine, with surety or sureties to be approved by the
Village Board, conditioned that he/she will perform faithfully all
work with due care and skill in accordance with the terms and conditions
of this section, will faithfully perform and abide by all the terms
and conditions of this section and will save the Village harmless
from all liability for all damages, costs and expenses and claims
of any nature or kind arising out of unskillfulness or negligence
in connection with causing the excavation or opening to be made in
any public highway or street in the Village in accordance with the
permit granted by the Village Board. Such bond or undertaking shall
remain in force and effect until released by the Village Board. No
bond or undertaking shall be required from any municipality or public
utility.
(6)
Required
insurance. Prior to Village permit approval, the applicant shall submit
written evidence to the Village Clerk that he/she or the contractor
is covered by public liability insurance in the following minimum
amounts and that such insurance protects the Village from all claims:
personal injury; property: one person, one accident: $1,000,000; $1,000,000;
$500,000. The evidence of insurance shall also provide that the Village
be notified at least 20 days prior to cancellation or expiration of
the insurance.
F.
Accommodation policy. The rules and regulations of
the Wisconsin Department of Transportation with reference to "Accommodation
of Utilities on Highway Rights-of-Way" that currently exist and as
may be subsequently amended are adopted by reference and are made
part of this section.
A.
Permit. No sewer, water pipe, conduit pipe, gas pipe,
communication facility, wire or cable for conveying electric current
or any street or alley pavement, sidewalk or other like improvement
shall be placed, laid or maintained in, under or upon any street,
alley, sidewalk, easement of passage, public right-of-way, or public
place, except improvements constructed under special assessment proceedings,
unless a permit authorizing the same has been issued by the Village.
B.
Location of utility facilities. Any gas pipes and
public utility facilities, when placed in any public street or alley,
shall be laid so that there will be no interference with sewers or
water pipes, and before any pipes are laid permission must be secured
from the Village, and the same must be placed in a portion of the
street or alley as may be directed by the Village Engineer or Building
Inspector.
C.
Map to be filed. Every utility company that lays down
pipes or cables or other facilities in any public street or alley
shall make and file with the Village Clerk an accurate map showing
the exact location of every line of pipe or cable laid by it, which
map shall be accessible for public inspection and shall be kept constantly
revised to show any changes or additions.
No person shall move any building or structure
on any street without a permit from the Building Inspector. The Building
Inspector may issue the permit under such conditions as he/she may
reasonably prescribe to protect the streets and Village and private
property and to minimize public inconvenience. He/she may require
the permittee to execute a bond or insurance contract on behalf of
the Village in such amount as he/she deems appropriate conditioned
that the permittee will comply with the conditions of the permit and
indemnify the Village against any damage caused to Village or private
property or any person by removal of the building or structure.
A.
No person shall litter or deposit any foreign matter
on any street, alley, sidewalk, park or public place, except building
materials and merchandise as permitted under this chapter or as may
be permitted by the Village Board.
B.
Any person violating this section shall be liable
for the cost of removal of the foreign matter in addition to the penalty
provided for violation of the Code.
A.
The Village
system of stormwater facilities includes roadway ditches, curb and
gutter, storm sewer, stormwater basins, etc., for the purposes of
conveying, storing, and treating stormwater prior to it being conveyed
to streams, lakes or other waters of the state.
B.
No person shall deposit concrete, oil, sediment, chemicals, or other compounds in streets, ditches, curb and gutter, storm sewer facilities, or stormwater basins that would adversely affect the water quality or conveyance capacity of any component of the stormwater system. See Chapter 384, Stormwater Management, Erosion Control and Illicit Discharge.
C.
Any person
violating this section shall be liable for the cost of removal or
treatment of the foreign matter in addition to the penalty provided
for violation of the Code.
Any person installing public or private utility
facilities or making an excavation in or doing any work in any street,
sidewalk or other public place shall maintain suitable barricades
to prevent injury to any person or vehicle by reason of the work.
Barricades shall be protected by suitable lights at night. Any defect
in any pavement shall be barricaded to prevent injury. Any person
maintaining any opening or excavation in any such place shall guard
such opening or excavation while the same remains open by proper barricades
and lights. No person shall interfere with or disturb any barricades
or lights lawfully placed or make new pavement excavations or openings
in any street, alley or sidewalk.
No person shall paint or post any signs or bills
on any trees, poles or other structures in any street or on the surface
of any street or sidewalk.
The person occupying the ground floor of any building, the user
of any lot without a structure thereon and the owner of any vacant
building or other premises shall remove the snow and ice accumulating
on the abutting sidewalks and public pathways within 24 hours after
any snowfall has ceased. If snow or ice cannot be removed, the surface
shall be sanded or otherwise treated to lessen the hazard for pedestrians
until the climate permits removal. In the event that the responsible
property owner does not remove snow and ice from pedestrian facilities,
if requested by the Village, the Village reserves the right to remove
snow and ice from walks or pathways using Village or contractor forces
and charge the responsible property owner for the cost for the removal
plus 15% administrative costs. If the property owner does not pay
for these costs, the Village may assign the costs as a special charge
on the assessment rolls.
A.
Planting permit. No person shall plant any tree or
shrub in any street, parkway or other public place or right-of-way
without first having secured a permit therefor. Application for such
permit shall be made to the Clerk and shall be referred by him/her
to the Village Board for approval.[1]
B.
Removal permit. No person shall remove or cut down
any tree or shrub in any street, parkway or other public place without
having first secured a permit therefor. Application for such permit
shall be made to the Clerk and shall be referred by him/her to the
Village Board for approval.
C.
Injury. No person shall injure any tree or shrub planted
in any street, parkway or public place.
D.
Advertisements or notices. No person shall attach
any sign, advertisement or notice to any tree or shrub in any street,
parkway or public place.
E.
Dangerous trees. Any tree or shrub which overhangs
any sidewalk, street or other public place in the Village in such
a way as to impede or interfere with traffic or travel on such public
place shall be trimmed by the owner of the abutting premises on which
such tree or shrub grows so that the obstruction shall cease. Any
limb of a tree which has become likely to fall on or across any public
way or place shall be removed by the owner of the premises on which
the tree grows or stands.
The Village standard roadway cross section is a rural cross
section, consisting of an asphalt roadway surface, aggregate shoulders
and drainage ditches and culverts; however, the Village will allow
installation of urban cross sections consisting of an asphalt roadway
surface, curb and gutter, and storm sewer to convey stormwater runoff.
Roads will be designed to drain away from the center line, unless
slopes justify a superelevated cross section.
A.
Width. Village highways shall have a minimum right-of-way
width of 66 feet between property lines.
B.
Culs-de-sac and dead-end roads. The center line of
roadway shall be located at the center of the road right-of-way dedicated
for roadway purposes. The road grades shall conform to the approved
plans prepared by the owner's or developer's engineer and submitted
to the Village Engineer, Plan Commission, and Village Board for approval.
Culs-de-sac with no interior island shall have a diameter of 120 feet
of right-of-way and include a diameter of 90 feet paved surface. Culs-de-sac
with interior islands will be evaluated on a case-by-case basis. They
should provide for a two-way paved width of 24 feet, including gutters,
if curb and gutter are to be provided. Dead-end roads will be evaluated
on a case-by-case basis. As a minimum, they must provide turnaround
facilities to accommodate fire and emergency vehicles.
C.
Subgrade material. Topsoil, mucky soil, peat and other
unstable material shall be removed below the subgrade of roads to
the depth specified by the Village Engineer and replaced with suitable,
sound fill materials.
D.
Rock base. Rock shall be excavated to a point at least
20 inches below the finished grade of roads, 16 inches below the finished
grade of sidewalks and terraces, and eight inches below ditch grades.
Undrained pockets in the rock surface shall be drained prior to the
placement of base material.
E.
Grading subgrade. The road subgrade shall be graded
within a tolerance of 0.1 foot, plus or minus. When excavation and
grading of the subgrade are completed, the developer's engineer shall
inspect the same and submit written certification to the Village Engineer
(copy to the Village Clerk) that the subgrade is in compliance with
the approved plans. The Village Engineer will inspect the subgrade.
The Village Engineer may require that blue top stakes be set to aid
in his inspection. The Village Engineer or his designee will observe
a proof roll of the subgrade, using a quad-axle truck, as arranged
by the developer's contractor. The developer and contractor will be
required to undercut 12 inches, plus or minus, and install suitable
granular material for portions of the subgrade deemed unsuitable during
the proof roll inspection.
F.
Stormwater culverts, ditches and storm sewer.
(1)
Rural section with culverts, ditches and minimal storm
sewer.
(a)
The developer's engineer will submit plans that show the grades and
locations of the stormwater ditches and also the length, size, materials
and other characteristics of the storm sewer and driveway culverts
for developments. Storm sewer cross culverts shall be a minimum fifteen-inch
reinforced concrete pipe (RCP). Driveway culverts shall be a minimum
fifteen-inch arched galvanized corrugated metal pipe (CMPA). Standard
end sections shall be provided for storm sewer and driveway culverts
and shall consist of similar materials to the structure they connect
to. The developer's engineer shall submit drainage calculations with
development drawings to the Village Engineer for review and recommendation
of approval to the Plan Commission and Village Board.
(b)
The storm sewer or driveway culvert ends and any headwalls, as necessary,
shall be shaped at the same angle as the ditch side slope. Safety
grates shall be installed in the ends of pipes larger than 18 inches
in diameter. Headwalls or other obstacles shall not extend above the
surrounding ground by more than four inches.
(2)
Urban section with curb and gutter and storm sewer
system. The developer's engineer will submit plans that show the grades
and locations of the curb and gutter and also the length, size, materials
and other characteristics of the storm sewer for developments. Storm
sewer will be shown in plan and elevation views. Storm sewer sizes
will be based upon drainage calculations submitted by the developer's
engineer with development drawings to the Village Engineer for review
and recommendation of approval to the Plan Commission and Village
Board. Standard end sections shall be provided for storm sewer at
outfalls and shall consist of similar materials to the structure they
connect to. Storm sewer manholes will be a minimum of 48 inches in
diameter. Storm catch basins will be sized per calculations and will
contain two-foot-deep sumps for sediment control. Manhole and catch
basin structures shall be Neenah products, R-1661 for the manholes
and appropriate open grate castings for catch basins.
G.
Roadway surface width; shouldering; curb and gutter.
All roads shall be surfaced to a minimum paved width of 26 feet, centered
on the center line of the roadway to be dedicated. This width includes
the pan section of curb and gutter, if applicable. The standard edge
protection is a two-foot-wide shoulder of three-fourth-inch traffic
bond (TB) material, sloped away from the roadway surface at a slope
of 2% to 4%. Urban section road edges shall be protected by thirty-inch-wide
mountable curb and gutter on each side of the roadway. The Village
will accept the installation of vertical face curb if its use is justifiable.
The Village may also require radius curb to be installed at selected
intersections to eliminate motorists cutting corners. The radius curb
is typically thirty-six-inch mountable curb.
H.
Base course material. The base course shall consist
of a minimum of eight inches of compacted crushed aggregate, with
thicker sections required for collector roads or nonresidential applications.
The lower five inches shall be one-and-one-fourth-inch crushed aggregate
and the upper three inches shall be three-fourth-inch crushed aggregate
or traffic bond, as approved. Once the base course has been installed,
the developer's engineer will submit a written certification to the
Village Engineer (copy to Village Clerk) that the base course is in
compliance with approved plans, to a grade tolerance of 0.05 foot,
plus or minus. The Village Engineer will inspect the subgrade. The
Village Engineer may require that red top stakes be set to aid in
his inspection. The Village Engineer or his designee will observe
a proof roll of the subgrade, as arranged by the developer's contractor.
The developer and contractor will be required to undercut 12 inches,
plus or minus, and install suitable granular material for portions
of the subgrade deemed unsuitable during the proof roll inspection.
I.
Asphalt roadway surface. The developer and contractor
shall install a minimum of 3.5 inches of hot mix asphalt (HMA) in
two lifts, with compaction per the latest version of the Wisconsin
Department of Transportation Standard Specifications for Highway and
Structure Construction. Tack coat will be installed between lifts
of asphalt. The Village Engineer may require a thicker asphalt section
for collector or nonresidential applications. Traffic controls and
barricades must be installed and maintained per the Manual on Uniform
Traffic Control Devices (MUTCD). The Village will require submittal
of asphalt mix designs prior to paving. The Village Engineer will
require the contractor to submit load tickets for asphalt yield computations
and to submit nuclear density test results for asphalt density verification.
J.
Slopes and ditches; planting; grass cover. Side slopes
and ditches along roads or in easements shall be covered with topsoil,
prepared, seeded or sodded, fertilized and maintained for a sufficient
period to provide adequate grass cover prior to acceptance by the
Village Board. The Village may require erosion matting or turf reinforcement
matting to stabilize slopes, as necessary. The developer's engineer
shall provide the seed mixture.
K.
Signs; posts and guardrails. Street signs, roadway
striping, culvert posts, and guardrails, as required by the Village
Board, shall be obtained and placed by the Village, the cost of which
shall be paid by the developer or owner.
L.
Acceptance by Village. Roads will not be accepted
by the Village before May 1 or after November 1. Acceptance of the
roads does not relieve the developer of his responsibility relative
to adequate grass cover on the side slopes or in ditches.
M.
Sidewalk construction. Sidewalk construction, where
required by the Village Board, shall conform to the Village specifications.
All costs of sidewalk construction shall be paid by the subdivider
or owner of the land. Sidewalk shall be installed at a four-inch thickness,
with a six-inch thickness installed through driveways and at intersections
where detectable warning fields (panels) are installed. Said detectable
warning fields shall be from the Wisconsin Department of Transportation
(WisDOT) Product Acceptability List, or approved equivalent. Maximum
slope from private side toward the road is 2%.
N.
Village engineering costs. The cost of review, inspection
and other project activities by the Village Engineer shall be billed
to the Village, and the Village will, in turn, bill the developer
or owner for said costs.
O.
Village fees. The developer or owner is responsible
for payment of up front costs to the Village, per the schedule of
fees maintained by the Village Clerk.
P.
Warranty.
The developer and contractor are responsible for repair of deficiencies
noted during a final inspection made by the Village Engineer, Building
Inspector or other Village official, for a period of one year following
formal Village Board acceptance of the work.
A.
Required.
(1)
Every person requesting a building permit for a principal
building in the Village shall, before a building permit is issued,
provide the Village with a cash bond in the sum of $1,000 to ensure
that any damage done to Village road right-of-way during construction
is repaired.
[Amended 8-16-1999]
(2)
Any damage caused to any road right-of-way in the
Village as a result of improvements, maintenance or other work done
on property will be the full and sole financial responsibility of
the property owner.
B.
Forfeiture of bond.[1]
(1)
At such time as the building is completed and a certificate
of occupancy permit is applied for, the Building Inspector shall view
the premises for the purpose of determining whether any damage caused
to the road right-of-way and drainage ditches has been satisfactorily
repaired. If the Inspector determines that any such damage has not
been satisfactorily repaired, the Inspector shall cause the necessary
repairs to be completed, and the costs thereof shall be deducted from
the cash bond required under the terms of this section. After repairs
have been completed to the satisfaction of the Inspector, any amounts
remaining shall be refunded. If the cost of repair exceeds the amount
of the cash bond, the person holding the building permit shall be
notified and shall be required to submit such additional sum of money
as is required to pay for the full extent of repair within 30 days
after such notification is issued. If the person holding the building
permit does not reimburse the Village for the expense incurred in
repairing the ditches in accordance with the notification, the cost
thereof shall be assessed against the property pursuant to § 66.0627,
Wis. Stats., and shall be placed on the tax roll by the Village Treasurer.
(2)
Notwithstanding anything contained herein to the contrary,
in the event that any building for which a bond has been tendered
in accordance with this provision is occupied prior to issuance of
a certificate of occupancy permit by the Building Inspector, the cash
bond shall be forfeited, and the proceeds thereof shall be used to
restore the public right-of-way and to reimburse the Village for costs
incurred in maintaining the public right-of-way during the construction
process.
[Added 3-18-1991]
C.
Return of bond.
[Amended 8-16-1999]
(1)
The sums deposited shall be retained by the Village
Treasurer until written notice is received from the Building Inspector,
who shall not authorize refund of moneys deposited until after grading
and landscaping of the premises has been established and stabilized
(which must be done within one growing season after final occupancy
has been granted), the construction site is cleaned of all building
materials and debris, all applicable Village ordinances have been
complied with and occupancy has been granted. Occupying the house
before occupancy has been granted or failure to complete the final
grading or to establish and stabilize landscaping within one growing
season of final occupancy being granted will result in forfeiture
of all the sums deposited, in addition to any other penalties or other
remedies that may apply.
(2)
In the event that damage is done to the Village roads
or to road ditch adjacent to the property as a result of the construction
activities, the deposit shall be used to pay any costs incurred by
the Village to repair such damage. In the event that the deposit is
insufficient to cover all costs incurred by the Village, the property
owner shall be liable to the Village for payment of any excess costs,
and no certificate of occupancy permit shall be issued for the property
until such costs are paid. The balance of the deposit, after deducting
such expenses incurred by the Village to repair the damage, or, alternatively,
the entire deposit in the event that no such damage has occurred shall
be returned to the property owner by the Treasurer after receipt of
written notice from the Building Inspector as noted above.[2]
See Chapter 195, Driveways, of this Code.
A.
Individual
residential. These systems are the responsibility of the property
owner and are under the jurisdiction of the Building Inspector and
Waukesha County representatives, as applicable.
B.
Nonresidential.
These systems are the responsibility of the property owner(s) and
are under the jurisdiction of the Building Inspector and Waukesha
County representatives, as applicable.
C.
Developments
or associations. These systems are the responsibility of the development
or association governing body and the individual voting members (property
owners) of the development or association. Responsibility for the
operation and maintenance of said systems rests with the governing
or ownership structures and their employees. Where these utilities
are installed in and under streets and the public right-of-way, the
parties designated with maintenance and repair of the system are required
to obtain appropriate permits, to pay for necessary permit and inspection
fees, and to make repairs to existing public facilities in accordance
with the requirements stipulated in this chapter.
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
