[Adopted 6-30-1994 as
Title 4, Ch. 3, Secs. 4-3-1 through 4-3-9, 4-3-11 and 4-3-13, of the
1994 Code]
A.
General application.
(1)
The installation of any special street improvement shall be an exercise
of the special taxing power or of the police power of the Village
as may from time to time be determined by the Village Board and the
property served shall be assessed pursuant to the provisions of §§ 66.0703
and 66.0701, Wis. Stats.
(2)
The total cost of any special improvement to be paid in whole or
in part by special assessment shall include the direct and indirect
costs reasonably attributable thereto including, but not limited to,
materials, supplies, labor, equipment, side preparation and restoration,
damages occasioned by the special improvement, interest on bonds or
notes issued in anticipation of the collection of assessments, and
a reasonable charge for engineering, legal and administrative costs.
(3)
The total assessment for any special improvement shall be based upon the total cost as defined in Subsection A(2) above, and shall be apportioned among the individual parcels benefited. Such apportionment shall generally be computed on a lineal frontage basis unless the Village Board otherwise determines that extenuating circumstances require a different method of assessment.
C.
Assessments a lien. All charges established in this section shall
be direct liens upon the property improved.
A.
Owner to construct. It shall be the duty of the abutting owner to
repair, construct and perpetually maintain sidewalks along or upon
any street, alley or highway in the Village. Whenever the Village
Board shall, by resolution, determine that a sidewalk be laid, rebuilt,
repaired, lowered or raised along or upon any public street, alley
or highway within the Village, it shall proceed according to § 66.0907,
Wis. Stats.
B.
Authority of Village Board. The Village Board may from time to time
by ordinance or resolution determine where sidewalks shall be constructed
and establish the width, determine the material and prescribe the
method of construction of standard sidewalks and the standard so fixed
may be different for different streets and may order by ordinance
or resolution sidewalks to be laid as provided in this Subsection.
C.
Street Committee. The Street Committee may order any sidewalk which
is unsafe, defective or insufficient to be repaired or removed and
replaced with a sidewalk in accordance with the standard fixed by
the Street Committee.
D.
Specifications.
(1)
Location. The sidewalk shall be located in such places as designated
by the Village Board.
(2)
Subgrading. When cutting the subgrade, the materials shall be excavated
to a depth two inches below the underside of the concrete and brought
to grade with sand. When filling is required, the subgrade shall be
brought to proper grade in uniform layers not to exceed six inches
in thickness and shall be thoroughly compacted mechanically.
(3)
Width and thickness of sidewalks and driveways. All walks, unless
otherwise provided for, shall have a standard width of 40 inches or
consistent with abutting sidewalks with a transverse slope of 1/4
inch per foot toward the curb. The minimum thickness of any part of
walk shall be four inches and, in places where driveways cross, shall
have a minimum thickness of six inches.
(4)
Concrete. All sidewalks shall be one course concrete construction,
six bag mix, with four inch slump. The surface shall be struck, troweled
and brushed in a uniform and even manner. Contraction joints shall
be located transversely every five feet at the depth of 1/2 inch.
Expansion joints shall be one-inch thick and shall be located transversely
at each property line, and, in addition, one expansion joint shall
be located at least every 20 feet.
E.
Laying of new sidewalks. The Village will meet 100% of the cost of
installing new sidewalks. "New sidewalks" are defined as installation
of sidewalks where no previous sidewalks exist.
F.
Procedure for sidewalk laying, repair or replacement. Pursuant to
§ 66.0907, Wis. Stats., the Village Board may order property
owners to lay, repair or remove and replace any sidewalk which is
unsafe defective or insufficient.
G.
Notice. A copy of the ordinance, resolution or order directing such
laying, removal, replacement or repair shall be served upon the owner
or an agent of each lot or parcel of land in front of which such work
is ordered. The Street Committee, if so required by the Village Board,
may serve the notice. Service of the notice may be made by:
H.
Default of owner. Whenever any such owner shall neglect for a period
of 20 days after such service to lay, remove, replace or repair any
such sidewalk, the Village Board may cause such work to be done at
the expense of such owner. All work for the construction of sidewalks
shall be let by contract to the lowest responsible bidder except as
provided in § 62.15(1), Wis. Stats.
I.
Repairs. If the cost of repairs of any sidewalk in front of any lot
or parcel of land does not exceed the sum of $100, the Street Committee,
if so required by the Village Board, may immediately repair such sidewalk,
without notice or letting the work by contract and charge the cost
thereof to the owner of such lot or parcel of land, as provided in
this section.
J.
Repair or replacement of existing sidewalks. If the Village repairs
or replaces existing sidewalks after notice to the owner as provided
below, and failure of the owner to replace or repair, the Village
will assess the owner for 50% of the cost of such replacement or repair.
If the owner repairs or replaces the sidewalk directly or hires third
parties (other than the Village) to repair or replace sidewalks, the
Village shall have no obligation to reimburse owners for any of the
cost thereof.
A.
Permit required. No person, partnership or corporation, or their
agents or employees or contractors, shall make or cause to be made
any opening or excavation in any public street, public alley, public
way, public ground, public sidewalk or Village-owned easement within
the Village without a permit therefor from a Village official.[1]
B.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Village Board satisfactory written
evidence that applicant has in force and will maintain during the
time the permit is in effect public liability insurance of not less
than $100,000 per person, $300,000 per accident and property damage
coverage of not less than $50,000.
C.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must execute and deposit with the Clerk/Treasurer
as indemnity bond, approved by the Village President, in the sum of
$5,000 conditioned that he/she will indemnify and save harmless the
Village and its officers from all liability for accidents and damage
caused by any of the work covered by his/her permit and that he/she
will fill up and place in good and safe condition all excavation and
openings made in the street, and will replace and restore the pavement
over any opening he/she may make as near as can be to the state and
condition in which he/she found it, and keep and maintain the same
in such condition, normal wear and tear excepted, to the satisfaction
of the Village Board for a period of one year, and that he/she will
pay all fines imposed upon his/her for any violation of any rule,
regulation or ordinance governing street openings or drainlaying adopted
by the Village Board, and will repair any damage done to existing
improvements during the progress of the excavation in accordance with
the ordinances, rules and regulations of the Village. Such bond shall
also guarantee that if the Village shall elect to make the street
repair, the person opening the street will pay all costs of making
such repair and of maintaining the same for one year.
(2)
Recovery on such bond for any accident, injury, violation of law
ordinance, rule or regulation shall not exhaust the bond but it shall
cover any and all accidents, injuries or violations during the period
of excavation for which it is given.
(3)
An annual bond may be given under this section covering all excavation
work done by the principal for one year beginning January 1, which
shall be conditioned as specified above and in the amount determined
by the Village Board as necessary to adequately protect the public
and the Village.
A.
Frozen ground. No openings in the streets, sidewalks or public ways
shall be permitted when the ground is frozen except where it is deemed
necessary by the Village Board.
B.
Removal of paving. In any opening of 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.
C.
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 excavated
materials. No open flame warning pots shall be used. Except by special
permission from the Village Board, 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/her
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 costs incurred by the Village
in defending any action brought against it for damages as well as
cost of any appeal that may result from the neglect by such person
or his/her employees of any necessary precaution against injury or
damage to persons, vehicles or property of any kind.
D.
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 materials moved
or penetrated and all surface monuments or hubs must be removed and
replaced as nearly as possible in their original condition or position
and the same relation to the remainder as before. Any excavated materials
which, in the opinion of the Village Board, are 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 puddle or laid in layers
not more than six inches in depth and each layer rammed, tamped or
flushed to prevent after-settling. When the sides of the trench will
not stand perpendicular, sheathing and braces must be used to prevent
caving. No timber, bracing, lugging, 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.
E.
Notice of work. It shall be the duty of the permittee to notify the
Village Board and all public and private individuals, firms and corporations
affected by the work to be done at least 24 hours before such work
is to commence. The Village Board shall also be notified at least
four hours prior to backfilling and/or restoring the surface.
F.
Expiration of permits. Unless the work shall be commenced within
30 days of the issuance of the permit, the permit shall be void, and
a new permit must be obtained and an additional fee charged. The Village
Board may extend the time limitation for good cause.
G.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
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, the Village Board shall notify,
in writing, each person, utility, Village department or other agency
owning or controlling any sewer, water main, conduit or other utility
in or under said street or any real property abutting said street,
that all such excavation work in such street must be completed within
30 days. After such permanent improvement or repaving, no permit shall
be issued to open, cut or excavate said street for a period of five
years after the date of improvement or repaving unless in the opinion
of the Village Board an emergency exists which makes it absolutely
essential that the permit be issued.[1]
H.
Emergency excavations. In
the event of an emergency, any person, firm or corporation, owning
or controlling any sewer, gas main, water main, conduit or other utility
in or under any public street, alley easement, way or ground and his/her
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.
I.
Application requirements. The application for a permit shall be in
writing and signed by the applicant or his/her agent. The applicant
shall submit to the Village Board, 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 Board shall determine
if sufficient information is submitted.
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/she is the owner or occupant, except as provided in Subsection B below.
B.
Exceptions. The prohibition of Subsection A above shall not apply to the following:
(1)
Signs or clocks attached to buildings which project no more than
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 such goods,
wares, etc., do not remain thereon form 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 within
24 hours after notice from the Village Board to do so, it shall be
the duty of said Board to remove such obstruction and make return
of the cost and expense thereof to the 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/her
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or 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 to the Clerk/Treasurer who shall
enter 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.
Owner's responsibility. The owner, occupant or person in charge
of each and every building or structure or unoccupied lot in the Village
fronting or abutting any street, shall clean or cause to be cleaned
the sidewalk in front of or adjoining each such home, building or
unoccupied lot, as the case may be, of snow or ice to the width of
such sidewalk within 24 hours after each snowfall, and shall cause
the same to be kept clear from ice and snow, provided that when the
ice has formed on any sidewalk so that it cannot be immediately removed,
the person herein referred to shall keep the same sprinkled with salt,
sawdust or sand.
B.
Clearance of walks by Village. The Village shall cause all sidewalks, which have not been cleared of snow and ice as required by Subsection A, above, to be cleared upon default of the person whose duty it is to clear or sprinkle the same. The Clerk/Treasurer shall keep an accurate account of the expenses of clearing ice and snow in front of each lot or parcel of land. The Clerk/Treasurer shall annually enter such expense in the tax roll as a special charge against each such lot or parcel of land, and the same shall be collected in all respects like other general property taxes upon real estate.
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 designees.
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/her tenant, the terrace directly abutting such land as provided
in this section and elsewhere in this code. Every owner shall keep
mailboxes located on a terrace free and clear of snow.
Requests or petitions by Village property owner for new streets,
curbs and gutter, and sidewalks shall be presented to the Village
Board on or before November 1 to be considered for installation in
the following year.
No road shall be accepted by the Village Board until it is up
to the following standards or until a surety bond in an amount set
by the Village Board has been posted. The amount of the bond shall
be sufficient to insure the completion of the road to the following
standards:
A.
All roads must have a surface of 20 feet; with a right-of-way 66
feet.
B.
All roads must be graveled with a minimum of four inch gravel surface
or 1,300 yards per mile gravel minimum.
C.
The length of the culverts, if needed, shall exceed the width of
any access 20 feet to 30 feet.
D.
All grade and drainage standards shall be the same as Waushara County
road standards as in existence when roads are established.
E.
The Village Board reserves the right to accept or reject all roads.
