A.
To conserve
and promote the public health, safety, convenience and general welfare
there is hereby established a new Official Street Map for the Village
of Allouez according to the provisions and requirements of § 62.23(6),
Wis. Stats., said map being incorporated herein and made a part hereof
as though fully set forth. Said map shall be known as the "Official
Street Map of the Village of Allouez" and replaces and supersedes
any map previously designated as the Official Street Map of the Town
of Allouez.
B.
The Official
Street Map of the Village of Allouez shall be deemed to be final and
conclusive with respect to the location and exterior lines of streets,
highways and parkways and the location and extent of parks and playgrounds
shown thereon.
C.
The Official
Street Map of the Village of Allouez shall be kept in the office of
the Village Clerk-Treasurer of the Village of Allouez.
D.
The Village
Board may, when it deems it for the public interest, change or add
to the Official Street Map so as to establish the exterior lines of
planned new streets, highways, parkways, parks or playgrounds or to
widen, narrow, extend or close existing streets, highways, parkways,
parks or playgrounds, and such changes or additions to the Official
Street Map of the Village of Allouez shall be made in accordance with
the procedures required in § 62.23(6)(b), Wis. Stats., or
other provisions of law.
E.
The placing
of any street, highway, parkway, park or playground upon the Official
Street Map shall not in and of itself constitute or be deemed to constitute
the opening or establishment of any street, highway, parkway, park
or playground or the taking or acceptance of any land for such purposes.
F.
For the
purpose of preserving the integrity of the Official Street Map of
the Village of Allouez, no permit shall hereafter be issued for any
building in the bed of any street, highway, or parkway shown or laid
out on such map, except as provided in § 62.23(6), Wis.
Stats. No permit for the erection of any building shall be issued
unless a street, highway, or parkway giving access to such proposed
structure has been duly placed on the Official Street Map.
G.
Any person
affected adversely by the refusal of the Building Inspector to issue
a building permit because of this section may appeal such refusal
to the Board of Appeals pursuant to the provisions of § 62.23(6)(d),
(f) and (g), Wis. Stats.
A.
Establishment. The grade of all streets, alleys and sidewalks shall
be established by the Public Works Department and shall be recorded
by the Public Works Department. The grades of all streets having curb
and gutter on the effective date of this code are established at the
levels then existing.
B.
Altering grade. No person shall alter the grade of any street, alley,
sidewalk or public ground or any part thereof unless authorized or
instructed so to do by the Public Works Department.
C.
Minimum street elevation. All streets to be cut, opened or graded
after March 20, 1967, shall have a minimum center line street elevation
of 588 feet, based on U.S. Coast and Geodetic Survey datum.
A.
Minimum requirements. The following shall be minimum requirements
in the acquisition, design, improvement, construction or altering
of any of the streets of the Village:
(1)
Property dedicated or otherwise conveyed to the Village for street
purposes after the effective date of this code shall provide for right-of-way
with a minimum width of 70 feet.
(2)
Any installation of curbs and gutters and replacement of existing
curbs and gutters upon streets shall be located so as to provide roadways
of a minimum width of 32 feet (33 feet as measured back to back on
the curbs).
(3)
Any installation of curb and gutter and any replacement of existing
curb and gutter upon designated through streets shall be located so
as to provide a roadway of a minimum width of 44 feet (45 feet as
measured back to back on the curbs).
B.
Exceptions. The Village Board may, by written resolution, grant an
exception from the requirements of this section in any specific case
where the Board considers that there is a need for granting such exception.
A.
No driveway shall be constructed in the Village of Allouez unless
such driveway complies with the following requirements. As used in
this section, the word "driveway" shall include any street access
and/or curb cut for a driveway.
B.
No driveway shall exceed 40 feet in width at the curbline or 30 feet
in width at the sidewalk line closest to the street.
A.
Curb and gutter required. No street in the Village shall be permanently
improved unless curb and gutter shall be installed on each side of
the street in accordance with plans and specifications approved by
the Public Works Department.
B.
Street access/driveways. A street access/driveway may be installed
in an existing street subject to the following conditions. This section
shall also apply to new construction on a street or lot.
(1)
When a new curb opening is to be made, the property owner shall remove
the entire curb section to the nearest joint on either side of the
driveway opening and pour a new concrete gutter section with curb
opening in accordance with specifications provided by the Public Works
Department.
(2)
If concrete driveway is to be installed between curb and lot line,
a three-fourths-inch expansion joint shall be placed along a line
at the back of the curb section.
(3)
No more than one driveway entrance and approach shall be constructed
for any lot or premises except where deemed necessary and feasible
without the impairment of safety, convenience and utility of the street
as determined by the Public Works Department. Driveway approaches
shall be at least 10 feet apart except by special permission from
the Public Works Department, and all driveways shall be placed so
as to not interfere with utilities in place. All costs of relocating
utilities shall be the responsibility of the property owner and shall
be approved by the Public Works Department before any utility may
be relocated and the driveway installed.
C.
Street access permit required. Street access permit applications
shall be made at least 24 hours in advance of intended installation,
but this shall not be deemed to be a limitation of time within which
a permit must be granted, and the Public Works Department shall have
such time as reasonably necessary for examination and consideration
of any application before granting the permit. The street access permit
must be obtained from the Public Works Department.
D.
Form of application. Application for a street access permit shall
be made on a form provided by the Village and shall include the following
information:
(1)
The location of the premises at which the work is to be performed.
(2)
The name and address of the property owner or owners and the name
of the contractor doing the work.
(3)
The width of the opening requested.
(4)
The type of surface to be used on the driveway.
(5)
A plot plan drawn to a scale of not less than one inch to 20 feet
shall be provided. The plot plan shall indicate the location of the
driveway on the lot and the location of any trees, signs, utility
poles and existing catch basins located on the lot frontage.
F.
Construction; new or replacement.
(1)
All curb and gutters and driveway aprons shall be constructed in
accordance with specifications provided by the Public Works Department.
(2)
Contractors repairing or installing replacement curbs will not be
reimbursed for this work unless said construction meets the specifications
of the Public Works Department and reimbursement has been approved
prior to construction.
A.
The Public Works Department shall specify the width of new sidewalks
and replacement of old sidewalks. Where old sidewalks or portions
thereof are in such state of disrepair so as to make it unsafe or
impracticable to repair the same, the Public Works Department may
order such sidewalk or portion thereof replaced with a new sidewalk
of the same or different width.
B.
New sidewalks where no sidewalks previously existed shall be a minimum
of five feet in width.
C.
Sidewalks abutting property located in a business or commercial zone
may be extended to the curb where concrete curbing has been installed
subject to approval by the Village. Such sidewalk extension shall
be only of concrete and constructed in accordance with Village specifications.
Sidewalks are deemed to be a public improvement. The Village
Board of Allouez may order sidewalks to be constructed where none
previously existed along any street, irrespective of whether the abutting
lands have been improved, wherever in the judgement of the Board the
safety and welfare of the public require it.
A.
New sidewalk construction. For new sidewalk installation on high-volume
routes, school routes, public purpose routes and other public benefit
routes designated and deemed necessary by the Village Board, the cost
thereof shall be paid by the Village. A sidewalk meeting this criteria
shall be deemed a public benefit sidewalk.
B.
Repair and maintenance of existing sidewalks. The Village shall pay
for the cost of maintaining, reconstructing, removing and repairing
existing sidewalks.
The Public Works Department shall prepare and maintain the specifications
for construction of sidewalks and boulevard pavements and shall make
the specifications available to contractors. All sidewalks and boulevard
pavements shall be constructed in accordance with these specifications.
Whenever curbing has been installed and a boulevard provided
between the lot line and the curb, such boulevard area shall be improved
and maintained by the owner of the premises abutting thereon at such
grade and in such condition so as to provide adequate drainage of
the sidewalks and of the boulevard area and maintain the boulevard
in good condition, including mowing and removal of debris.
A.
Capital improvement planning. The Public Works Department shall prepare
and update as necessary a capital improvement plan which shall include
recommended street and utility repairs and replacements to ensure
properly maintaining the Village infrastructure. Such plan shall be
approved by the Village Board and used for Village budgeting and project
funding.
B.
Street and utility projects. The Public Works Director shall present
to the Village Board the annual street and utility improvements and
major capital projects for approval. These recommendations shall be
based on the capital projects plan. The annual capital projects may
be funded in the annual operating budget and the major utility and
street reconstruction projects may be funded by bond issuance. Upon
approval of the Board the projects shall be initiated.
C.
Resident petitions. Residents may petition for street and utility
improvements for a street. If 51% of the residents on a street are
in favor of the improvements the Village Board shall take reasonable
effort to honor the request.
A.
Utility permit required. No person or contractor shall bore under
or excavate in or dig upon street right-of-way, street or alley, sidewalk
or other public place in the Village without having obtained a permit
as herein required. The utility permit shall be obtained by the contractor
or person performing the work, and a separate permit shall be obtained
for each project to be undertaken. The utility permit shall be void
if the work for which the permit is issued is not started within 45
days or completed within 120 days from the date of issuance of the
permit. A utility permit shall be in the following form:
(1)
Minor utility permit. A minor utility permit shall be obtained for
utility work or service to a single property, residence or business.
A minor permit may also be issued for service or a project of less
than one street block at the discretion of the Public Works Department.
(2)
Major utility permit. A major utility permit shall be obtained for
utility work or service that involves one or more street blocks in
length. A major utility permit requires a permit fee which includes
part-time inspection by the Public Works Department, erosion control
requirements, and a warranty.
(3)
Erosion control permit. An erosion control permit is required for
all major utility permit work in the Village. This permit may be an
individual project permit or an annual permit for multiple utility
projects for the same utility or contractor.
B.
Form of application. Application for a utility permit shall be made
to the Public Works Department on forms provided and shall include
the following information and any other information as may be required:
(1)
The purpose of the proposed utility construction.
(2)
Location (legal description or street locations) of the utility installation.
(3)
The name and residence of the owner of the premises.
(4)
The type of restoration of the site in the right-of-way.
(5)
The maximum depth of the proposed utility installation.
(6)
The name and address of the applicant and the contractor performing
the work.
(7)
Any other information as may be required in the permit application.
C.
Agreement of applicant. The application shall contain and it shall
be the duty of the utility and its contractor to comply with the special
provisions of the utility permit and the following requirements:
(1)
Place or cause to be placed suitable and adequate warning and safety
devices, barricades and lights in such places, in such quantity, and
of such kind or nature as stipulated by the Public Works Department
so long as such excavation is unsurfaced or remains a hazard to traffic
of any kind upon such street.
(2)
Indemnify and hold harmless the Village of Allouez from all costs,
damages, and liabilities of every kind, including all expenses and
costs of defending any suit for damages on account of any claims,
valid or otherwise, as to which it is claimed or alleged by any claimant
that said utility work was the sole or a contributing cause.
(3)
Upon demand by the Village Board, keep in effect until all hazard
to traffic caused by such excavation has been removed and terminated
a bond or a policy of insurance against liability to third persons
for any damage growing out of negligence in the making, guarding,
backfilling or resurfacing of the utility work with limits of at least
$1,000,000 for any one person and $1,000,000 for any one accident
and $25,000 property damages.
E.
Emergency action. Nothing in this section prohibits the making of
such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe, or
for making repairs, provided that the person making such excavations
shall apply to the Public Works Department for such a permit on the
first working day after such work is commenced.
A.
No person shall cause to be moved on, upon or across any public street,
curb or sidewalk any motor vehicle, trailer or other thing which by
its weight, construction or manner of operation does, or which is
reasonably likely to, cause damage or destruction to such street,
curb or sidewalk, or any part thereof or appurtenance thereto.
B.
No person shall cause to be moved onto, across, on or upon any public
curbing any motor vehicle, trailer or other thing unless there is
first placed on and about such curbing planking, bracing or other
material of sufficient size, quality and quantity to prevent all damage
and destruction to such curbing and all parts thereof by such motor
vehicle, trailer or other thing.
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 the Building
Code or with Village Board approval.
No person shall obstruct any street or alley so as to interfere
with traffic thereon with a railroad locomotive or car for a period
longer than 10 minutes.
No person shall start or maintain a fire on the improved portion
of any street.
No person shall deposit, throw, spill, place or leave any rubbish
or other foreign matter on the improved portion of any street or on
any sidewalk.
A.
No person shall haul any garbage, refuse, debris, ashes, lime or
sludge from the paper mills, or other materials which are liable to
be blown away by the wind or drop from the conveying vehicle to the
street, through or over any streets of the Village without having
such materials securely covered in such a manner that no part thereof
can fall or drop upon the streets of the Village.
B.
Any person transporting material which shall fall from the transporting
vehicle onto a public street shall remove such material or the Public
Works Director shall cause the same to be removed and the cost thereof
reported to the Village Clerk-Treasurer, who shall assess such cost
against the owner of the vehicle.
No person shall dump concrete washings, sand, gravel, waste
oils or other clogging material into any sewer catch basin.
A.
No person shall throw or place any snow or ice upon any sidewalk,
alley, or street. The deposit of snow upon any sidewalk, alley or
street shall be a nuisance, and, in addition to the penalty provided,
the Village may summarily remove any snow so deposited and cause the
costs of the removal to be charged to the owner of the property from
which the snow has been removed.
B.
A person owning or occupying the whole or part of a building or land
abutting public streets in the Village of Allouez is hereby prohibited
from moving snow, debris, or any injurious substance onto or across
such public streets and road right-of-way any time unless such a person
has received permission from the Village to do so.
C.
No person shall throw, divert or place snow or ice upon the cul-de-sac
islands or roundabouts at any time unless such a person has received
permission from the Village to do so.
[Amended 9-6-2020 by Ord. No. 2020-09]
A.
Assistance
with clearing snow from public sidewalks.
[Amended 1-4-2022 by Ord. No. 2022-02]
(1)
The
Village of Allouez will assist property owners as follows with the
clearing of snow from public sidewalk:
(a)
After each snowfall event, the Village will clear sidewalks adjacent
to roundabouts and problem area sidewalks. See the Village Sidewalk
Clearing Map.
(b)
Six inches of snowfall or more: The Village will clear all other
contiguous sidewalks as shown on the Village Sidewalk Clearing Map.
Less than six inches of snowfall: It is the property owner's responsibility
to clear snow and ice from the sidewalk.
(2)
The
Sidewalk Clearing Map can be found on the Village's website and/or
viewed at the Village Hall.
B.
The owner of property abutting any sidewalk shall, without notice,
keep such abutting sidewalk clear of snow and ice as described above
and after the initial clearing efforts by the Village. Residents have
48 hours after a snowfall to clear sidewalks of snow and ice.
C.
It shall be the duty of the lessee, occupant of the first or ground
floor, persons having charge of a building, or if there is no lessee,
occupant or person having charge, then the owner of the parcel in
the Village of Allouez abutting or bordering upon any street, highway
or other public place to maintain public sidewalks as described herein,
in front of or adjacent to such premises, to the full paved width
of such sidewalk.
D.
In case snow and ice on the public sidewalk should be frozen so hard
that it cannot be removed without injury to the sidewalk, the lessee,
occupant, person having charge, or owner of the parcel shall, within
the time specified in this section, cause the public sidewalk abutting
or adjacent to such premises to be kept strewn with sand and/or salt
or ice-removal materials and shall as soon thereafter as the weather
shall permit thoroughly clean such sidewalk.
E.
The obligation of landowners and occupants provided herein shall
not abate in the event the Village removes snow and ice from sidewalks
as provided herein and elects not to charge therefor, nor shall any
duty or responsibility for snow and ice removal accrue to the Village
as a result of the Village's election to provide snow removal services
without charge therefor.
F.
Noncompliance and penalties.
(1)
In
the event the owners or occupants of lands abutting sidewalks fail
to clear them as provided herein, the Village may, at its option,
clear said sidewalk of ice and snow. The cost of said snow and ice
removal by the Village will be billed to the property owner as described
below. Any unpaid bills will be added as a special tax to the property
owners tax bill.
(2)
Noncompliance
penalty: the Village of Allouez charge for noncompliance:
(a)
First occurrence: no charge; noncompliance documented.
(b)
Second occurrence: $50 per lot (up to 100 feet), plus $10 per every
additional 100 feet.
(c)
Third occurrence: $100 per lot, plus $20 per every additional 100
feet.
(d)
Fourth occurrence: $150 per lot, plus $30 per every additional 100
feet, plus citation for violation of sidewalk clearing ordinance.
(3)
Any
person, firm or corporation violating any provision of this section,
upon conviction, shall forfeit not less than $50 nor more than $1,000
and pay the costs of prosecution, or in the event of failure to pay
such forfeiture and costs within the time set by the court, any such
person shall be committed to the Brown County Jail until such forfeiture
and costs are paid, but every such commitment shall be for a definite
term which shall not exceed 90 days. Each act of violation shall constitute
a separate offense.
Pursuant to § 82.03(7), Wis. Stats., all existing
roads in the Village under Village Board jurisdiction, and future
extensions thereof, are hereby assigned the names listed in Schedule
E[1] and designated on the Village's Official Map. Additional
roads hereafter laid out or constructed within the Village are hereby
assigned such names as shall appear:
A.
On plats finally approved by the Village, effective on the date of
the recording of the plats with the Brown County Register of Deeds;
or
B.
On the Official Map, effective on the date of amendment of such Official
Map.
[1]
Editor's Note: Schedule E is on file at the office of the
Village Clerk-Treasurer.
"Neighborhood electric vehicle (NEV)" means a self-propelled
motor vehicle that has successfully completed the neighborhood electric
vehicle America test program conducted by the Federal Department of
Energy and that conforms to the definition and requirements for low-speed
vehicles as adopted in the federal motor vehicle safety standards
for low-speed vehicles under 49 CFR 571.3(b) and 571.500 and which
is authorized under § 349.26, Wis. Stats., as amended from
time to time.
A.
Neighborhood electric vehicles shall be four-wheeled and have a speed
range of at least 20 miles per hour and not more than 35 miles per
hour on a paved surface. "Neighborhood electric vehicle" does not
include an electric golf cart.
B.
Neighborhood electric vehicles shall only be operated on public roads
within the Village of Allouez by persons holding a valid operator's
license issued by the Wisconsin Department of Transportation or similar
agency of any other state of the United States of America.
C.
Every operator of a neighborhood electric vehicle shall maintain
financial responsibility on such low-speed vehicle if the low-speed
vehicle is to be operated upon the roadways of this Village in the
form and amounts required by Wisconsin law for motor vehicles.
D.
Every person operating a neighborhood electric vehicle shall be granted
the rights and shall be subject to all duties, fines and penalties
applicable to the driver of a motor vehicle except as to the special
regulations in this section and except as to those provisions which
by their nature can have no application.
E.
The operator of a neighborhood electric vehicle shall observe and
be subject to all traffic laws and local ordinances regarding the
rules of the road.
F.
No person shall operate a neighborhood electric vehicle in any careless
way as to endanger the person or property of another or while under
the influence of alcohol or any controlled substance.
G.
Neighborhood electric vehicles shall not be operated on sidewalks,
bike paths, or pedestrian walkways.
H.
Neighborhood electric vehicles shall not be parked on any sidewalk,
bike path, or pedestrian walkway.
I.
Neighborhood electric vehicles shall abide by all Village of Allouez
parking ordinances.
