[HISTORY: Adopted by the Village Board of the Village of
Footville Ord. No. 81 (Ch. 5, §§ 5.01
to 5.09, of the 1990 Code). Amendments noted where applicable.]
A.
Establishment. 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 in his office. No street, alley or sidewalk shall
be worked until the grade thereof is established.
B.
Alteration of grade prohibited. No person shall alter the grade of
any street, alley, sidewalk or public ground or any part thereof in
the Village of Footville by any means whatsoever unless authorized
or instructed to do so by the Village Board or the Director of Public
Works; all such by the Clerk or the officer authorizing the alteration.
A.
Grading. Grading shall be paid for by the abutting property owners
and shall include bringing the subgrade of the street, including intersections,
to line and grade. The Village shall furnish the line and grade for
the grading and the cost thereof shall be paid by the abutting property
owner.
B.
Surfacing. A temporary surfacing of crushed stone or gravel shall
be installed to a thickness of six inches and a width of 32 feet,
including intersections, and shall be paid for by the abutting property
owners. Final surfacing of the balance of the stone or gravel and
a three-inch blacktop mat shall be paid for by the Village following
installation of all water and sewer service and concrete curb and
gutter and any storm sewer required. Resurfacing will be paid for
by the Village.
C.
Concrete curb and gutter. Curb and gutter shall be paid for by the
abutting property owner in direct proportion to the footage of their
lots. Radius installation shall be paid for by the Village. The Village
shall furnish the line and grade and supervision. The cost thereof
shall be paid by the abutting property owner.
D.
Storm sewers. Storm sewer installation, including catch basins, shall
be paid for by the Village. The cost of the storm sewer pipe (material
only) shall be assessed to the abutting property owners in direct
proportion to the footage of their lots. The Village shall furnish
line and grade. Storm sewers shall be furnished upon written request
of the individual property owner. Except, if the Village Board shall
determine that such installation be for the convenience and best interest
of the Village, then the cost of same shall be borne by the Village
at large.
E.
Sanitary sewers and laterals. Sanitary sewer mains shall be paid
for by the abutting property owners in direct proportion to the front
footage of their lots. Corner lots, however, shall be assessed for
only the frontage of the smaller dimension, if the sewer is installed
in both streets. The Village will pay for installation in street intersections
and the larger dimension of the corner lots when installation is made
along both dimensions on a corner lot; if a sewer main larger than
eight inches diameter is required, the Village shall pay the cost
that is in excess of the eight-inch cost. Laterals shall be paid for
entirely by the property owner receiving the service.
F.
Water mains and laterals. Water mains shall be paid for by the abutting
property owners in direct proportion to the front footage of their
lots. Corner lots, however, shall be assessed for only the frontage
of the smaller dimension if the main is installed in both streets.
The Water Utility will pay for construction of street intersections
and the larger dimension of the corner lots when installation is made
along both dimensions of a corner lot. If a water main larger than
six-inch diameter is required, the Water Commission shall pay the
cost that is in excess of the six-inch cost. Laterals shall be paid
for entirely by the property owner receiving the service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Owner to construct. It shall be the duty of the abutting owner to
build, repair, construct and perpetually maintain sidewalks along
or upon any street, alley or highway in the Village of Footville and
to pay the entire cost thereof. 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 of Footville, it shall proceed according to § 66.0907,
Wisconsin Statutes.
B.
Permit required. No person shall hereafter lay, remove, replace or
repair any public sidewalk within the Village of Footville unless
he is under contract with the Village to do such work or has obtained
a permit therefor from the Director of Public Works at least seven
days before work is proposed to be undertaken. No fee shall be charged
for such permits.
C.
Specifications. All sidewalks within the Village of Footville hereafter
shall be repaired, rebuilt and constructed in accordance with the
following specifications:
(1)
Subgrade. The subgrade shall be prepared by excavating to the line,
grade and cross section as established by the Village Board. Soft
and unsuitable material shall be removed and replaced with sand or
other satisfactory material, and the subgrade shall be thoroughly
and uniformly compacted and moistened immediately before the concrete
is placed. When so specified by the Director of Public Works, a subbase
of sand, sand and gravel or other approved porous material shall be
placed under the sidewalk. On embankments, the subgrade shall extend
at least one foot beyond each edge of the sidewalk.
(2)
Material. All sidewalks shall be of air-entrained concrete composed
of six bags per cubic yard of one course construction, and built to
the established line and grade. Gravel shall be of good quality and
washed. Concrete shall be mixed thoroughly for a minimum of one minute
after all materials have been placed in the mixer. Material shall
be as follows:
[Amended 7-3-1997 by Ord.
No. 7-5-97]
(a)
Class "A" Concrete.
(b)
Aggregate size: 1 1/2 inches maximum.
(c)
Maximum mixing time: 1 1/2 hours.
(d)
Cement content: six bags per cubic yard.
(e)
Air entraining: required 6% + or - 1%.
(f)
Admixtures. None except as directed or approved by the Engineer
(applies to air entraining admixtures and calcium chloride). Admixture
must meet ASTM standards, calcium chloride not to exceed 1% of cement
content.
(3)
Forms.
(a)
Concrete shall be placed in straight forms of wood or metal
of sufficient strength to resist springing, tipping, or other displacement
during the process of depositing and consolidating the concrete. Wood
forms shall be surfaced plank of at least two inches thickness except
for sharply curved sections. Metal forms shall be of approved section.
The forms shall be of full depth of the required walk and shall be
of such design as to permit secure fastening. Forms shall be thoroughly
cleaned and oiled before the concrete is placed against them. Concrete
shall be placed in the forms on moist subgrade, deposited just above
the finished grade and consolidated and spaded sufficiently to bring
the mortar to the surface and to prevent honeycombing. It shall then
be struck off level with the top of the forms and finished with wooden
flats.
(b)
To provide adequate drainage the sidewalk shall slope toward
the curb at a minimum rate of 1/4 inch per foot of width of sidewalk.
All joints and edges shall be finished with a one-quarter-inch-radius
edging tool.
(4)
All sidewalks within the Village of Footville shall be built five
feet in width on all streets, unless replacement sections butt up
to an already existing four foot sidewalk at both ends, that is in
good repair and does not need replacement. When a property owner replaces
his/her entire sidewalk, it should be built at a five-foot width regardless
of connecting sidewalks. When connecting old sidewalks to new sidewalks,
the ramping cannot be more than one inch per foot. Owners of corner
lots should consult with the Village Engineer regarding handicap ramps.
The placement and location of handicap ramps will be designated by
the Village Engineer. All sidewalks shall be at least four inches
in thickness, except within driveway approaches, where the minimum
thickness shall be six inches.
[Amended 7-3-1997 by Ord.
No. 7-5-97]
(5)
Finishing. Before the last finish has set, the sidewalk shall be
steel troweled and brushed in transverse direction. Before final finishing,
the surface shall be checked with a ten-foot straight edge, and any
areas departing more than 1/8 inch from the testing edge shall be
corrected by adding or removing concrete while the concrete in the
walk is still plastic.
(6)
Jointing. Transverse, full depth, one-half-inch-thick expansion joints
of premolded expansion material shall be located every 40 feet and
at the property line, and where the walk intersects another walk,
curbline, building or driveway approach, and at buildings, walls,
poles and stop boxes. The expansion joint material shall be placed
in a neat and workmanlike manner with its upper edge slightly below
the finished sidewalk surface. Dummy groove joints for controlled
cracking, at least one inch in thickness and 5/16 inch in depth, shall
be placed at intervals of approximately five feet. Steel division
plates shall be placed at right angles to the center line of the sidewalk
at intervals of not less than 15 feet. All joints shall be at right
angles to the direction and grade of the walk. Diagonal joints may
be used only when approved by the Director of Public Works.
(7)
Curing and drying. As soon as any of the concrete work hereinbefore
mentioned has been finished and hardened sufficiently to prevent excessive
marring the surface, it shall be cured and protected against rapid
drying. Failure to comply with this requirement shall be deemed sufficient
cause for suspension of the work. Curing shall be accomplished by
the "impervious coating," "wet fabric" or "paper" methods. For impervious
coating or membrane curing, only those materials meeting requirements
of ASTM Spec. C156-44 T, "Method of Test for Efficiency of Materials
for Curing Concrete," shall be used. Said specifications are hereby
adopted by reference as if fully set forth herein. Walks shall be
kept free from all traffic at normal temperatures for 48 hours and
in cold weather below 50° F. for 96 hours. No concrete shall be
poured when the temperature may be expected to fall below 35°
F. in any seventy-two-hour period or upon frozen subgrade.
(8)
Curb ramping.
[Added 7-3-1997 by Ord.
No. 7-5-97]
(a)
The standard for construction of curbs and sidewalks on each
side of any Village street, or any connecting highway or town road
for which curbs and sidewalks have been prescribed by the governing
body of the town, city or Village having jurisdiction thereover, shall
include curb ramping providing access to crosswalks at intersections
and other designated locations as determined by the Village Engineer.
Curb ramping includes the curb opening, the ramp and that part of
the sidewalk or apron leading to and adjacent to the curb opening.
Any person constructing new curbs or sidewalks or replacing curbs
or sidewalks within five feet of a legal crosswalk in any Village
street, connecting highway or town road shall comply with the standards
for curb ramping under this section.
(b)
Curb ramps shall conform to the following requirements: Curb
ramping shall be of permanent construction. The ramp shall be at least
40 inches wide. The sides of the ramp shall slope from the sidewalk
or apron elevations to the ramp elevation with the widest portion
of the side slope not less than 18 inches nor more than 24 inches
wide at the curb. The ramp slope may not exceed one inch vertical
to 12 inches horizontal from the flow line elevation of the curb.
The curb opening shall be not less than 40 inches nor more than 80
inches wide at the flow line of the curb. The taper of the curb from
the top of the curb to the flow line of the curb at the curb opening
shall be not less than 18 inches nor more than 24 inches wide. The
ramp shall be bordered on both sides and on the curbline with a four-inch-wide
yellow stripe or with brick of a contrasting color.
[Added 11-3-2016]
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves (leaves will be allowed to be placed
in the street during fall leaf pickup between October 25 and November
15, annually), construction waste, garbage or other offensive material
in any public street, gutter, sidewalk, alley, or upon any public
property or upon any property of another, without express permission
of the owner, the Village and/or occupant thereof.
A.
Approval required. No person shall construct or maintain any driveway
across any sidewalk or curbing without first obtaining a driveway
permit from the Director of Public Works.
B.
Specification for driveway construction.
(1)
Width. No driveway shall exceed 24 feet in width at the outer or
street edge of the sidewalk unless special permission is obtained
from the Village Board.
(2)
Interference with intersections prohibited. At street intersections,
a driveway shall not provide direct ingress or egress to or from the
street intersection area and shall not occupy areas of the roadway
deemed necessary by the Village Board for effective traffic control
or for highway signs or signals.
(3)
Interference with street. No driveway apron shall extend out into
the street further than the face of the curb, and under no circumstances
shall such driveway apron extend into the gutter area. All driveway
entrances and approaches shall be so constructed that they shall not
interfere with the drainage of streets, side ditches of roadside areas
or with any existing structure on the right-of-way. When required
by the Director of Public Works to provide for adequate surface water
drainage along the street, the property owner shall provide any necessary
culvert pipe at his own expense.
(4)
Number of approaches limited. No more than one driveway entrance
and approach shall be constructed for any lot or premises except where
deemed necessary and feasible without undue impairment of safety,
convenience and utility of the street by the Director of Public Works.
Any two approaches shall be at least 10 feet apart.
(6)
Permittee liable for damage or injury. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When curb or gutter is removed, the new connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat workmanlike manner. Any sidewalk areas which are damaged or are inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of § 273-3C.
A.
Permit required. No person shall make or cause to be made any excavation
or opening in any street, alley, highway, sidewalk or other public
way within the Village of Footville without first obtaining a permit
therefor from the Director of Public Works.
B.
Fee. The fee for a street opening permit shall be as set forth in
the Village's fee schedule and shall be paid to the Village Treasurer
who shall issue a receipt therefor.
[Amended 7-11-2019 by Ord. No. 438; 8-4-2022 by Ord. No. 2022-07]
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 Village
Clerk an indemnity bond, approved by the Village President, in the
sum of $5,000, conditioned that he will indemnify and save harmless
the Village of Footville and its officers from all liability for accidents
and damage caused by any of the work covered by his permit, and that
he will fill up and place in good and safe condition all excavations
and openings made in the street, and will replace and restore the
pavement over any opening he may make as near as can be to the state
and condition in which he found it, and keep and maintain the same
in such condition, normal wear and tear excepted, to the satisfaction
of the Director of Public Works for a period of one year, and that
he will pay all fines imposed upon him for any violation of any rule,
regulation or ordinance governing street openings or drain-laying
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.
D.
Insurance. Prior to commencement of excavation work, a permittee
must furnish the Director of Public Works satisfactory written evidence
that he has in force and will maintain during the life of the permit
and the period of excavation, public liability insurance of not less
than $100,000 for one person, $300,000 for one accident and property
damage insurance of not less than $50,000.
E.
Regulations governing street and sidewalk openings.
(1)
Frozen ground. No opening in the streets or sidewalks for any purpose
shall be permitted when the ground is frozen, except where necessary
as determined by the Director of Public Works.
(2)
Removal of paving. In opening any street or other public way, all
paving or ballasting materials shall be removed with the least possible
loss of or injury to surfacing material and together with the excavated
material from trenches shall be placed so as to cause the least practicable
inconvenience to the public and permit free flow of water along gutters.
(3)
Protection of public. Every person shall enclose with sufficient
barriers each opening which he may make in the streets or public ways
of the Village. 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. Red lights or torch lamps
shall be kept burning from sunset to sunrise, one red light or torch
lamp to be placed at each end of the opening in the street or way
and other lights sufficient in number and properly spaced to give
adequate warning. (Except by special permission from the Director
of Public Works, no trench shall be excavated more than 200 feet in
advance of pipe laying nor left unfilled more than 500 feet where
pipe has been laid.) 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 employee of any necessary precautions against injury or damage
to persons, vehicles or property of any kind.
(4)
Replacing street surface. In opening any street or sidewalk, the
paving materials, sand, gravel and earth or other material 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 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 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, 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.
F.
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 Director of Public Works 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 Director of Public Works an emergency exists which
makes it absolutely essential that the permit be issued.
G.
Emergency excavations authorized. In the event of an emergency any
person owning or controlling any sewer, water main, conduit or 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 an excavation
permit, provided that such person shall apply for an excavation permit
not later than the end of the next succeeding business day and shall
not make any permanent repairs without first obtaining an excavation
permit hereunder.
H.
Village work excluded. The provisions of this section shall not apply
to excavation work under the direction of the Director of Public Works
by Village employees or contractors performing work under contract
with the Village necessitating openings or excavations in Village
streets.
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 below.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to the buildings which project not 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 the
Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided such
goods, wares, etc. do not remain thereon for a period of more than
two hours.
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 such applicant has complied
with the other requirements of this subsection and has obtained a
building permit if required.
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the Village Clerk a bond in an amount
determined by the Director of Public Works, conditioned that the applicant
will indemnify and save harmless the Village of Footville 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 provided in
the Building Inspector fee schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 than 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.
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 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,
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.
[Amended 1-7-2010 by Ord.
No. 01-11-10A; 1-7-2016 by Ord. No. 2016-101]
A.
Responsibility of owner, occupant, etc. The owner, occupant or person
in charge of each and every residence, building or other structure
or property in the Village of Footville fronting on or abutting on
any street shall, without notice, be required to clear any public
sidewalk within the street right-of-way of snow and ice, to the width
of such sidewalk within 24 hours after the snow ceases to fall; and
shall cause the same to be kept clear of all ice and snow. If ice
forms on any sidewalk so that it cannot be immediately removed, the
owner, occupant or person in charge shall keep the sidewalk sprinkled
with ashes, sawdust, sand or salt until said ice can be fully removed.
B.
For purpose of enforcement of this section, the owner, occupant or
person in charge of the property shall be responsible for compliance
and a separate offense shall be deemed committed for each day that
the violation continues.
C.
Irrespective of whether or not a citation is issued in regard to
any violation of this section, the Public Works Department may cause
the removal of such snow and ice remaining upon a sidewalk in violation
and report the full cost of removal to the Village Clerk to be assessed
as a special charge for current services against the property in accordance
with § 66.0627, Wis. Stats. The amount to be charged for
removal of snow and ice by the Village shall be calculated on a per
hour cost for the time and equipment required by the Village employees
to perform the removal, subject to a minimum charge, all to be established
by the Village Board of Trustees from time to time and kept on file
for public inspection at the office of the Village Clerk. Notice of
the charge shall be provided by the posting of this chapter and by
means of a bill for the amount of the charge to be issued by the Village
Clerk to the person or entity responsible to pay the charge.
[Added 1-7-2016 by Ord.
No. 2016-101]
A.
It shall be unlawful for any person to push or deposit snow, or cause
snow to be pushed or deposited from their own personal property into
the public streets and/or right-of-way so as to cause a nuisance or
obstruction. The Village may cause such deposits of snow to be removed
from the street, without notice, and the cost of such removal shall
be charged to the property owner. Note: The 200 block of Depot Street
will be exempt from this section.
B.
Please remember to follow the Village's winter parking restrictions
so our plows can get through. All vehicles must be off the street
immediately when one inch of snow has fallen.
[Added 1-3-1991 by Ord.
No. 1-3-91]
No person shall burn any leaves, trash, garbage, wood, grass,
rubbish or other combustible debris or material or permit the same
to be burned upon any public street, court or alley or upon any Village
owned property within the Village of Footville.
