[Adopted as § 6-2-2 of the 2012 compilation of
ordinances, as amended through 5-22-2013]
The Village Board may determine that sidewalks or curb and gutter
may be constructed, laid, rebuilt or repaired along or upon any public
street, right-of-way or highway within the Village. The Village Board
may determine or change the width or grade of any street or sidewalk.
A.
New subdivision sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 565 of this Code. New sidewalks constructed in existing areas of the Village shall be paid for:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
In
the case of sidewalks constructed on both sides of a street, the cost
shall be paid by property owner(s) adjacent to said construction.
(2)
In
the case of sidewalks constructed on only one side of a street, the
cost shall be paid by property owners(s) on both sides of the street
in a proportional amount determined by road frontage.
B.
Sidewalk repair and reconstruction. The cost to repair or reconstruct
existing sidewalks shall be assessed in the following manner:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
In
the case of sidewalks repaired or reconstructed on both sides of a
street, the cost shall be paid by property owner(s) adjacent to said
construction.
(2)
In
the case of sidewalks repaired or replaced on only one side of a street,
the cost shall be paid by property owners(s) on both sides of the
street in a proportional amount determined by road frontage.
C.
Assessment a lien. Said special assessment shall remain a lien on
the premises until paid in full and shall be entered on the tax roll
as a special tax as above provided and failure to pay when due shall
result in the whole balance being immediately due and payable and
collectible as a delinquent tax against the above-described property
and that all proceedings in relation to the collection, return and
sale of the property for delinquent real estate taxes shall apply
to such special assessment.
No person shall hereafter lay, remove, replace or repair any
public sidewalk within the Village of Winneconne unless he/she has
obtained a permit therefor from the Clerk-Treasurer or Director of
Public Works at least two days before work is proposed to be undertaken.
A fee as determined by Village Board shall be charged for such permit.
A.
General.
(1)
All sidewalks shall be constructed of masonry meeting the current
Wisconsin Department of Transportation Standard Specifications for
Highway Construction, unless otherwise specified in this section.
(2)
Concrete sidewalk construction shall meet the specifications and
provisions set forth in this section and shall be constructed at locations
and conform to line and grade requirements as established by the Village.
All sidewalks constructed in the Village shall conform to the line
and grade established by the ordinances or resolutions of the Village.
Where no grade has been established as ascertained by the records,
the Village Engineer or Director of Public Works shall prepare and
report a grade for the approval of the Village Board; and, when the
same has been established, the Village Engineer or Director of Public
Works shall stake out the sidewalk as ordered by the Village Board.
No sidewalk shall be laid under the provisions of this section until
a grade therefor has been established by the Village Board.
B.
Subgrade. All earth, dirt and material shall be removed to a depth,
not less than eight inches, 10 inches across private driveways, below
the grade line; and the space shall be filled with crushed stone,
sand or gravel. The base shall be left four inches thick after being
tamped, with the stone or gravel to be not larger than 1 1/2
inches in diameter and to be free from dirt, silt and vegetative,
organic or foreign matter. Soft, porous and unsuitable subgrade material
shall be removed and replaced with sand, gravel, or other satisfactory
material and the subgrade shall be thoroughly and uniformly compacted
and moistened immediately before the concrete is placed. On embankments,
the subgrade shall extend at least one foot beyond each edge of the
sidewalk.
C.
Concrete. The minimum quantity of cement per cubic yard shall be
six; ninety-four pound bags. Concrete shall be mixed for at least
one minute. Gravel shall be of good quality and washed. Concrete shall
test 2,000 pounds per square inch compression strength in 28 days.
D.
Forming. 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. Concrete
shall be placed in the forms on a 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 level with the top of the forms and finished with wooden
floats. Forms shall be securely fastened, staked, braced and held
firmly to required line and shall be sufficiently tight to prevent
leakage of mortar, and all forms shall remain in place for 24 hours
after pour.
E.
Floating and finishing. Soon after screening and while the concrete
is still plastic, the surface shall be floated with wood, cork or
metal floats or by a finishing machine. Coarse broom finish shall
be applied prior to concrete curing while the surface is still wet
to touch.
F.
Jointing. All joints and edges shall be finished with a one-quarter-inch
radius edging tool. At all places where the sidewalk intersects another
sidewalk or curbline, a minimum one-half-inch expansion joint shall
be placed. Transverse expansion joints of one-half-inch thick and
four inches wide and five feet long of premolded material shall be
located every 50 feet. Sidewalks must be marked off to make blocks
five foot square and be at right angles to the parallel lines. Any
new sidewalk adjoining an old sidewalk, sidewalk abutting curb and
gutter, or sidewalk abutting driveway approach shall have one-half-inch-by-four-inch
expansion joints of premolded material installed between the curb
and/or driveway approach and the sidewalk.
G.
Slope.
(1)
All form placements must be approved by the Director of Public Works
or other inspector designated by the Director of Public Works before
concrete is poured. To provide adequate drainage, the sidewalk shall
slope toward the curb at a minimum rate of 1/2 inch per foot of width
of sidewalk.
(2)
In cases where the grade exceeds 15%, steps or special construction
shall be required to fit the existing conditions. Such details should
be prepared by the Village Engineer or Public Works Director and approved
by the Village Board before construction of the walk is started.
(3)
Sidewalks shall be constructed within the limits of the street right-of-way,
and unless otherwise specifically indicated, there shall be a three-inch
strip of street property left between the property line and the edge
of the sidewalk.
H.
Width and thickness.
(1)
Residential walks shall be five feet in width, laid three inches
outside property line, but not less than four inches in thickness,
except within driveway approaches, where the minimum thickness shall
be five inches. In the alternative, the Village Board may direct that
reconstructed sidewalks match the width of existing adjacent sidewalks.
(2)
Sidewalks in front of commercial or industrial establishments shall
be not less than eight feet in width, or as otherwise established
by the Village Board, and five inches in thickness except within driveway
approaches, where the minimum thickness shall be six inches.
I.
Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish. All edges shall be rounded. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather [below 35° 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, unless prior approval is received from the Director of Public Works (see Subsection K).
J.
Curing and drying. As soon as any of the concrete work herein before
mentioned has been finished and hardened sufficiently to prevent excessive
marring of 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. C156-44T, "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.
K.
Cold-weather requirements. When the air temperature is less than
40° F., all concrete placed in the forms shall have a temperature
between 50° F. and 70° F. and shall meet the requirements
of Wisconsin Department of Transportation Standard Specifications
for cold-weather concrete.
L.
Variances.
(1)
Location. Where the location of a sidewalk in accordance with the
specifications established herein would conflict with the location
of trees, or the root systems thereof, a written variance to the specifications
may be issued by the Director of Public Works permitting the sidewalk
to be relocated so as to eliminate or reduce such conflict. No variance
shall be issued if the public safety or welfare would be adversely
affected thereby. No fee shall be charged for such variance.
(2)
Material. Where the property owner desires to use nonstandard materials
such as brick, aggregate, cobblestone, asphalt or bituminous, in the
construction of a sidewalk, a written variance to the specifications
established herein may be issued by the Village Board to permit the
use of such nonstandard material. No variance shall be granted for
any portion of a sidewalk which crosses or is part of a driveway,
nor shall a variance be granted if the public safety or welfare would
be adversely affected thereby. A condition of the granting of a variance
under this subsection shall be the execution and recording of an indemnity
agreement running with the land binding the property owner, his/her
successors and assigns, holding the Village harmless from any liability,
loss or damage resulting from the use of such nonstandard materials.
An application fee determination by Village Board shall be paid at
the time of applying for the variance.
A.
Sidewalk repair or replacement. Pursuant to § 66.0907,
Wis. Stats., the Village Board may order property owners to repair
or remove and replace any sidewalk which is unsafe, defective or insufficient.
If the property owner shall fail to so repair or remove and replace
such sidewalk for a period of 20 days after service of the notice
provided in § 66.0907, Wis. Stats., the Village Board shall
cause the necessary repairs or construction of such sidewalk, and
the cost of such repair or construction shall be entered completely
upon the tax roll as a special tax against said lot or parcel of land
owned by the property owner.
B.
Repair criteria.
(1)
The Village Board may determine that any sidewalk which is unsafe,
defective, or insufficient be repaired or removed and replaced with
a sidewalk in accordance with this section. The existence of any one
or more of the hereinafter enumerated characteristics shall determine
whether a sidewalk is defective or insufficient:
(a)
One inch or more vertical differential between adjacent sharp
edged individual sidewalk blocks (crack in slab) and between adjacent
round-edged individual sidewalk blocks (joint).
(b)
One and one-quarter inch horizontal distance between adjacent
individual sidewalk blocks.
(c)
Deterioration of the surface to a vertical depth of 1/2 inch
or more within each individual sidewalk block.
(2)
If 60% of a property owner's sidewalk blocks are determined to be
defective or insufficient, the entire sidewalk shall be replaced.
No sidewalk which shall be constructed contrary to the provisions
of this article shall be considered a legal sidewalk, and the same
may be ordered to be replaced with a legal sidewalk and with one that
is in conformity with this article, the same as if no sidewalk whatever
had been built or constructed in the place where any such sidewalk
is located. The entire cost of said removal and replacement shall
be born by the owner of subject parcel(s).
[Amended 1-16-2018]
A.
Types of curb and gutter streets. All curbs and gutters shall conform
to the construction standards adopted by the Village Board, on file
with the Public Works Director.
B.
Liability for repair of curb and gutter. If a curb and gutter street
adjoins property, the property owner shall be responsible for repairing
and liable for the cost of all replacements, repairs, damage and maintenance
which is made necessary by the actions of the property owner, property
owner's guests, invitees, persons working under the direction of the
property owner or persons who are the responsibility of the property
owner (all are referred to herein as the "property owner"). Any expense
for additional width of road made necessary by blacktop curb and gutter
shall also be the responsibility of and shall be paid for by the adjoining
property owner. The work required by this article can either be performed
by the property owner in accordance with applicable construction standards
or by the Village, if the Village agrees to do such work. In the case
where the Village performs the work, the actual costs thereof, if
not promptly paid by the property owner, shall be charged to the property
pursuant to §§ 66.0701 and 66.0703, Wis. Stats.
