[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 4, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
A.
Permit required. No person, including a utility if not exempted by
applicable law, shall make any cut or opening in any street or public
right-of-way owned by the City or under the authority or control of
the City without first obtaining a permit to do so from the Director
of Public Works or his or her authorized representative. Wherever
the word "street" is used in this section, it shall be deemed to refer
and have application to "public rights-of-way" unless expressly stated
to the contrary.
B.
Application fee. Applicants shall be required to pay a fee for such
permit. See Chapter 1-2, Fees, for fee amount.
C.
Permit regulations. Such permits, including those issued to licensed
plumbers and authorized public utility corporations, shall be granted
and issued upon the following terms and conditions:
(1)
Before making any cut or opening in any streets, the applicant shall
properly barricade, light and mark the area where such cut or opening
is to be made, to warn the public of the construction work going on.
(2)
Ample width of roadway shall be maintained at all times for the continuous
safe use and passage of one lane of traffic, with a flagman provided
when the amount of traffic on the street requires it, and the traveled
portion of the street shall be kept free from machinery, tools, excavated
materials, or other obstructions at all times.
(3)
Sheeting shall be used whenever necessary to prevent movement or
scouring of the earth under pavement.
(4)
Construction shall be carried on so as to complete the work as soon
as possible, and the City, through its Director of Public Works and
Building Inspector, shall have complete control at all times over
the construction operations which may have an influence on the use
of the street.
(5)
The excavated area and all cuts or openings in the street that affect
the traveled-way portion of the street shall be backfilled with sandy
material and thoroughly compacted by ramming and tamping into place
and flushing with water to attain a maximum degree of consolidation.
(6)
Such portion of the roadway as may have been damaged by such cut
or opening shall be replaced and repaired by the City at the expense
of the applicant for the permit, and such applicant shall be responsible
for proper barricading and lighting of the area until such time as
such work has been completed, except that the Director of Public Works,
in his discretion, may authorize any public utility corporation to
make such repairs under his supervision at the expense of such corporation.
(7)
The applicant shall inform the Director of Public Works within 24
hours after such roadway is ready for resurfacing and repair, and
such applicant shall be responsible for the cut or opening until such
time as the City has completed the necessary resurfacing and the same
has had adequate time to cure.
(8)
Lateral extension policy. Any property owner desiring more than one
lateral connection with the sewer and water mains to a legally registered
parcel of property shall obtain a permit from the Director of Public
Works or his authorized representative. No permit shall be issued
unless the parcel of land has sufficient frontage and area to constitute
a legal lot in any proposed future land division pursuant to Title
10 of this Code.
(9)
Such other terms and provisions as are contained within the body
of the permit or inserted in the permit by the Director of Public
Works or his or her authorized agent, and the terms of any applicable
statute which are incorporated by reference in this chapter.
D.
Charge for repairs. When the City shall make such street repairs,
the charge for the same shall be the City's actual cost.
E.
Construction standards. The construction operations contemplated
under the terms of such permit shall conform to all requirements for
the specific class of work as may be set forth in the Wisconsin Statutes
and to the regulations imposed by all legally empowered commissions,
boards or individuals having jurisdiction therein. Any change, future
or present, necessitated by the improvement or alteration in the street
shall be performed at the cost and expense of the applicant.
F.
Bond required. No person shall excavate in or open any street, sidewalk
or other public place or receive a permit for such work until a bond
as specified herein shall have been executed, approved, and filed.
Such bond shall be executed to the City in the sum of $5,000 by the
principal therein and by two sureties or by the principal and a surety
company authorized to do business in the state, and shall be conditioned
that the principal therein will perform faithfully all work with due
care and skill and in accordance with the law, ordinances, rules and
regulations governing such work. The bond shall provide that the person
will indemnify the City and save it harmless against all damages,
costs, expenses, outlays and claims arising out of any unskillfulness
or negligence of such principal, his agent, employees and subcontractors
in connection with such work. Such bond shall be approved as to form
and sufficiency of the sureties by the City Manager and after such
approval shall be filed with the City Clerk. If the sureties on such
bond or any of them shall become insolvent or leave this state, the
City Manager may require a new bond. After such new bond has been
required, the principal therein shall not do any more such work until
a new bond has been executed, approved and filed.
A.
Prohibited. No person shall obstruct or encroach upon any street,
alley, sidewalk, dock, or wharf or any other public place in the City
without the approval of the City Manager, provided goods, wares and
merchandise may be loaded and unloaded which do not extend more than
three feet on one sidewalk and do not remain thereon more than two
hours, unless this is not physically possible.
B.
Moving buildings. A permit may be granted under the building code
provisions of this municipal Code to temporarily obstruct a street
by the moving of a building thereon.
C.
Wires over public ways. Except as authorized by the City Manager,
no person shall erect a wire, device or equipment over a public right-of-way.
While public work is being done on any street, the City Manager
or his authorized agent may close such street or he may close that
part of the street on which the public work is being done by the erection
of barriers. No person shall interfere with such barriers nor shall
any person pass beyond such barriers with any vehicle or walk or travel
upon that portion of the street that is closed to travel or upon the
materials placed on or near the street as part of the public works.
A.
Where sidewalks required. Concrete sidewalks shall be constructed
in the right-of-way as set forth herein where the following conditions
exist:
(1)
Along the street or streets adjacent to a lot on which a building
is constructed.
(2)
On both sides of a public street in blocks where at least 75% of
the lots are developed or 75% of the frontage is on lots that are
developed.
(3)
At other locations along public streets, irrespective of whether
the abutting or surrounding lands have been improved, whenever, in
the judgment of the City Council, the safety and welfare of the public
requires it.
B.
Exemptions. Other than where sidewalks are ordered by the Council,
the following exemptions to the sidewalk requirement are established:
(1)
Vacant land extending outward to the City limits, and any vacant
land where there are no developed lots for 500 feet or more and lands
which extend to the City limits and are utilized for commercial or
industrial purposes.
(2)
Areas where land is intermittently in the township and City so as
to make impossible the construction of a continuous sidewalk for at
least 500 feet.
(3)
Cemeteries, parks, fairgrounds and golf courses.
(4)
Outlying industrial zones where workers generally reach their place
of employment by motor vehicle.
(5)
On sides of streets where there are no buildings fronting or there
is no destination for pedestrian traffic (e.g., park, school).
(6)
The Director of Public Works is empowered to exempt properties from
such construction when, upon investigation, he determines that sidewalk
construction is physically impossible due to the following circumstances:
(7)
On streets or parts of streets where, in the opinion of the City
Council, the need for sidewalk does not exist.
C.
Location and construction.
(1)
The property owner or his agent shall obtain from the City Engineer
the necessary location and grade upon which the sidewalk is to be
built and the construction standards to use; the sidewalk shall be
constructed to meet the specifications provided.
(2)
If the property owner fails to construct a sidewalk as required,
the City will cause the work to be done and the cost shall be assessed
against the property.
(3)
The Director of Public Works may delay construction of a sidewalk
temporarily until the time of street construction, when the street
is expected to be scheduled for improvement in the future and when
such delay would be necessary or desirable from an engineering standpoint.
D.
Timing of installation.
(1)
All properties shall be brought into conformance with this section
within six months of its adoption.
(2)
Sidewalks shall be constructed as required within six months of the
completion of any new building or at any time upon reaching the level
of development set forth in this section, or within six months of
an order to install a sidewalk, unless a shorter period is specified.
(3)
Upon annexation of new areas, all affected properties will be brought
into conformance within six months of their annexation.
E.
Variance. The Council is empowered to hear and decide requests for
temporary variances to the sidewalk requirements where, owing to special
conditions peculiar to a specific lot or tract of land, a literal
enforcement will result in practical difficulty or unnecessary hardship,
so that the spirit of this section shall be observed, public safety
and welfare secured and substantial justice done. A public hearing
shall not be required, and there is no fee for the review of the request.
If a temporary variance is granted, the minutes shall clearly show
in what particular and specific respects unnecessary hardship or practical
difficulty has been established. The Council may cancel a temporary
variance when conditions change, removing the reasons for the variance,
or where other compelling reasons are found to exist.
F.
Maintenance. Property owners shall maintain their sidewalks in good
repair and in a safe condition. If the property owner fails to maintain
a sidewalk as required, the City will cause the work to be done and
the cost shall be assessed against the property.
G.
Permit required.
No person other than those with specific permission shall be
permitted on the following described premises owned by the City, except
for the purposes of access to the South Pier and parking for those
persons using said access and except as otherwise herein provided:
A.
Tract A consisting of Lots 1, 2, 3, 4, 5, and 6, of Block 104.
B.
Tract B consisting of vacated Jefferson Street between Block 104
and Block 105.
C.
Tract C consisting of vacated Lake Street between Block 81 and Block
104.
D.
Tract D consisting of all that land in Block 105 South and West of
the following described line: Commence at an iron pipe located at
the point where the East line of Lot 1 in Block 104 in said subdivision
intersects the Southerly line of Lake Street, as originally laid out
in said subdivision plat; run thence Northeasterly along the Southerly
side of Lake Street, as originally laid out in said subdivision plat,
a distance of 87.82 feet to an iron pipe; run thence Southeasterly
at an interior angle of 94° a distance of 93.12 feet; thence measure
in an Easterly direction at an interior angle of 121° 30 minutes
a distance of 371.81 feet, thence run Southeasterly at an interior
angle of 121° 41 minutes a distance of plus or minus 382 feet.
The owner of every building, lot or part of a lot within the
City fronting upon a public sidewalk shall remove or cause to be removed
all snow and ice from such sidewalk within 24 hours from the time
when the snow ceases to fall. If such snow or ice is not removed,
the City Manager may cause such to be removed and shall report the
cost of such removal to the City Clerk, who shall insert such cost
in the tax roll as a special tax and lien against the premises.
A.
Approval required. No trap door or opening in any sidewalk shall
be permitted to extend beyond the lot line into the highway right-of-way
unless approval shall have been obtained from the City Engineer.
B.
Construction of sidewalk openings. All trap doors and openings in
sidewalks shall be substantially constructed, and no portion of the
same shall extend unnecessarily above the level of the sidewalk.
C.
Removal for noncompliance. If the owner of such trap door or opening
in sidewalk shall fail to apply for such approval, or if the same
does not comply with standards established by the Department of Public
Works, he shall be obliged to remove such trap door or sidewalk opening
upon 10 days' notice from the City Engineer, and such owner shall
not be entitled to any damages on account of such removal; and if
he shall not remove it upon due notice, it shall be removed at the
applicant's expense by the City and the cost assessed against
the property.
A.
Any person owning, running or having in charge any railroad, locomotive
or railroad cars or any other vehicle used by any railroad company
or other persons or any railroad in the City is hereby required to
either station a flagman, or, in lieu thereof, to place and operate
gates at the crossing where the railroad crosses the public street
at the following named places:
(1)
Washington Street between Blocks 76 and 77;
(2)
East River Street at 17th Street;
(3)
Monroe Street at 12th Street;
(4)
Block 90 at 12th Street and 13th Street;
(5)
East River Street at 19th Street;
(6)
At Columbus Street;
(7)
East River Street at the intersection of 15th and Jefferson Streets;
(8)
At Roosevelt Street;
(9)
At Madison Street.
B.
When flagmen are stationed at such crossings, such flagmen shall
be stationed at or near the center of the streets at least two minutes
before cars cross the streets crossed by the railroad. Such flagmen
shall warn all persons who attempt to cross the streets of the fact
that cars are about to cross the same by waving a white flag or a
white lantern.
A.
Notice to open required. The operator of any boat desiring to pass
through any lift bridge in the City shall notify the Public Works
Department or Police Department of his intention to pass through such
bridge. The City employees shall be allowed a reasonable time thereafter
to open such bridge.
B.
Bridges on West Twin River. To avoid traffic congestion, the bridges
on the West Twin River shall not be opened between 6:30 a.m. and 7:00
a.m., 7:30 a.m. to 8:00 a.m., 11:55 a.m. and 1:00 p.m., 3:30 p.m.
and 4:15 p.m., or 4:45 p.m. and 5:15 p.m., on any day, except Saturdays,
Sundays and holidays, when they may be opened at any time.
A.
Definition. As used in this section, the following terms shall have
the meanings indicated:
- TERRACE AREAS
- The land between the normal location of the street curbing and sidewalk. Where there is no sidewalk, the area four feet six inches from the curbline shall be deemed to be a terrace for the purpose of this section.
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 rank
growth and shall not be paved, surfaced or covered with any material
which shall ultimately prevent the growth of plants. Existing paved
or surfaced areas will be permitted to remain. Except where there
is no curbing, the part of the terrace not covered by a sidewalk shall
be maintained as a lawn, other than areas specifically approved, in
writing, by the City Manager or his designee where maintenance of
a lawn is not feasible.
C.
Responsibility to maintain. Every owner of land in the City of Two
Rivers whose land abuts a terrace is required to maintain, or have
maintained by his tenant, the terrace directly abutting such land
as provided in this section and elsewhere in this Code.
D.
Unauthorized poles and signs. No person shall erect or place any
pole, sign or other device or structure other than curbside mailboxes
and approved informational signs in any terrace area outside of the
area zoned Waterfront Commercial in the Rogers Street Fishing Village,
where the City Manager may provide written authorization to erect
posts for business signs in keeping with the historical nature of
the area.
E.
Merchandise, etc., not to be placed on terrace.
(1)
Except as provided in this section, no person shall place or deposit
on any terrace any object, substance or materials; excepting, however,
newspapers or magazines on sale and stands for sale thereof when consent
therefor shall have been obtained from the occupant or owner of the
abutting property, and when the same are placed only upon such portion
of the sidewalk or terrace as shall be designated therefor by the
Chief of Police; and trash and other items placed by the curb for
collection pursuant to § 5-6-23C of this Code.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(2)
Unless authorized, it shall be unlawful, however, for any person
to place and leave for a period not exceeding two hours of the 24
on the terrace in front of his store or building, dry goods, wares
or merchandise for purposes of loading and unloading, such exception
to be applicable only to premises in business districts, loading and
unloading area is impractical.
(3)
Unless permitted by the abutting property owner, another person may
not put or place, or cause to be put or placed, snow from another
property onto the terrace in front of a property by means of a plow
or similar device for pushing a large volume of snow. This does not
apply to snow projected in the air by snowblowers, throwers or shovels,
where direction cannot be effectively controlled, or to City snow
plows. Absence of a formal complaint shall be deemed as granting permission.
F.
Merchandise or personal property on public sidewalks or within public
rights-of-way in the Central Business District.
(1)
Permit(s) required. The placement of merchandise on public sidewalks
or within public rights-of-way in the Central Business District requires
a permit. Such permit(s) may be approved by the City Council upon
payment of an application fee as provided for in § 1-2-1
for continuation after initial approval. All such permits shall be
issued for a one-year period commencing January 1 and expiring December
31 of each year, unless sooner revoked. Fees related to such permit(s)
will not be prorated. Applications for such permit(s) shall be signed
by both the property owner(s) and business owner(s).
(2)
Applicability. These provisions are applicable only to business zoned
properties in the Central Business District, which is defined as the
area between Jefferson Street and Adams Street extending from 22nd
Street south to the West Twin River, including parcels fronting along
both sides of Jefferson Street, Adams Street and 22nd Street.
(3)
Merchandise on public sidewalks or within public rights-of-way in
the Central Business District shall:
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(a)
Be the same as that sold inside the business.
(b)
Be located against or touching the building it is marketed from.
(c)
Not extend more than 30 inches from the building facade.
(d)
Be located to maintain a minimum five-foot-wide pedestrian corridor
complying with ADA requirements, as may be amended.
(e)
Maintain a minimum vertical clearance of six feet above grade
when projecting or being hung from a building.
(f)
Maintain adequate vision clearance at street, alley or driveway
intersections in accord with § 10-1-15.
(g)
Be removed each day following the close of business, but in
no case shall the merchandise be permitted outdoors overnight between
the hours of 9:00 p.m. and 7:00 a.m.
(h)
Outdoor seating and outdoor dining may be allowed in accord
with the provisions of this section.
(4)
Uses not requiring a permit. The following do not require a permit:
(a)
Loading or unloading of merchandise may be done at any time,
but not to exceed a two-hour period.
(b)
Merchandise may be displayed in conjunction with City-approved
sidewalk sales and/or special events when specifically authorized
by resolution by the City Council.
(c)
Refuse containers may be placed in accord with applicable sections
of this Code.
(d)
Newspaper dispensers are permitted, provided they do not extend
more than 30 inches from a building facade.
(e)
Personal property, provided it is located in accord with the
same requirements.
(5)
Liability. The property and business owner(s) shall be jointly and
severally liable for any and all injury to any person or property
directly and/or indirectly caused by their joint or severable negligence
and/or activities related to their placement of merchandise or personal
property on public sidewalks or within public rights-of-way.
(6)
Removal of merchandise or personal property encroaching on public
lands.
(a)
Displaying merchandise or placing personal property on a paved
public sidewalk or in a public right-of-way shall constitute express
permission of the property and/or business owner(s) for the City to
take corrective, remedial and removal action(s). The City may also
prosecute violations of this chapter and seek injunctive relief from
time to time and at any time. The cost of such correction, remediation,
and/or removal shall be paid by the property owner(s).
(b)
If the property owner(s) or business owner(s) create a nonexempt
encroachment upon any street, alley, sidewalk, public grounds or land
dedicated to public use or any part thereof, the Police Department
may order the immediate removal of such encroachment. Such order shall
be delivered by personal service or by certified mail to the property
owner(s) and business owner(s) of the premises creating the encroachment
and shall state in the order the penalty as provided in the applicable
section of this Code for failure to remove the encroachment.
(c)
If the removal order is not immediately complied with, a citation
shall be issued to the property owners(s) and business owner(s) for
the appropriate penalty as indicated in the applicable section of
this municipal Code.
(7)
Privilege agreement may be required in certain circumstances. Any
merchandise or personal property which cannot be located within public
rights-of-way in accord with the provisions described above in this
section may be allowable if a privilege agreement is approved by the
City Council. A privilege agreement is an authorization in accord
with state statutes to allow the applicant the privilege to place
their merchandise or personal property in rights-of-way with specific
conditions regarding removal of such objects, placing legal liability
for any damages on the property owner, or imposing any conditions
that the City Council considers appropriate.
Curb cuts and driveway approaches constructed within the City
right-of-way shall be constructed in accordance with the requirements
of the Department of Public Works as follows.
A.
Residential driveway approaches shall meet the following conditions:
B.
Commercial driveway approaches shall meet the following conditions:
(1)
The maximum width shall be 35 feet.
(2)
The minimum width shall be 12 feet.
(3)
A commercial driveway can have up to two entrances, provided there
is a minimum separation of 10 feet between driveways at the right-of-way
line.
(4)
The driveway approach width shall be measured at the right-of-way
line.
C.
A residential or commercial driveway shall be located no closer than
10 feet from the end of the radius of an intersection with the desirable
distance to be a minimum of 20 feet.
D.
A corner residential lot can have two driveway approaches if it meets
the following conditions:
E.
A residential lot that fronts only one street can have two driveway
approaches if it meets the following requirements:
(1)
The combined width of the primary driveway approach and secondary
driveway approach shall be no greater than 45% of the lot width or
48 feet, whichever width is the smallest. The minimum width of a residential
driveway approach shall be 12 feet.
(2)
The primary driveway approach or secondary driveway approach shall
be no greater than 30% of the lot width or 35 feet, whichever width
is the smallest.
(3)
The minimum separation of the primary driveway and the secondary
driveway at the right-of-way line shall be 10 feet.
F.
No driveway shall be built within three feet of the property line.
A.
Unlawful acts.
(1)
It is unlawful for any person, in clearing snow from parking lots,
driveways, filling stations, garages or other areas, to pile or distribute
snow, or cause snow to be piled or distributed, in a street or alley
in any manner that tends to narrow the traveled portion of the street,
prevent parking at the curb, or in any other way impede snow removal
or create a traffic hazard, except that, on designated streets where
snow is windrowed to the center and picked up by the City, snow may
be deposited in the windrow prior to its being picked up by the City;
however, it may not be so deposited in any way that tends to restrict
or inhibit traffic from flowing in at least one lane in each direction
or in any other way impede snow removal or create a traffic hazard;
however, permission may be granted by the City to deposit snow in
the windrow area as described after a pickup, if a second pickup is
planned by the Department of Public Works. Persons having an accumulation
of snow that cannot be removed as set forth in this section shall
be responsible for its handling at their own expense without depositing
same in the public streets or alleyways.
(2)
Notwithstanding the foregoing, no snow from private property may be piled or distributed in a public street or alley, pursuant hereto, unless there has first been paid to the City any and all special charges for snow removal imposed by the City on the property from which such snow is cleared pursuant to § 66.0627, Wis. Stats., or any successor to that statute, or otherwise imposed pursuant to applicable law. Such special charges must be paid even in cases where deposit of snow in streets is allowed pursuant to Subsection A(1) of this section.
B.
Any person violating this section shall be subject to a fine of not
less than $50 for the first offense, not less than $150 for the second
offense, and not less than $250 for each offense thereafter, with
a maximum fine in each instance not to exceed $500.
C.
The word "person" as used in this section shall include any natural
person or entity which owns or leases the private property from which
snow is removed, or the natural person or entity which removes snow
from private property at the owner or lessee's request.
A.
Whenever a storm sewer is available or becomes available for connection,
any property owner with a sump pump or other stormwater diversion
system shall be required to connect to it. In the case of all sump
pump or other stormwater diversion facilities constructed in connection
with a new building or moved building after May 16, 1994, a storm
sewer shall be deemed available if there is a storm sewer located
in any street, easement or public way which abuts the property. In
other cases, a storm sewer shall be deemed available if a catch basin
is located adjacent to the property or if a new storm sewer, lateral
or other drainage system is installed on any street, easement or public
way which abuts the property. In the event an alternate means of diverting
sump pump or other stormwater is available and the alternate means
does not adversely affect other property owners, the Director of Public
Works or his designate may grant permission to the property owner,
in writing, to use the alternate means of diverting sump pump or other
stormwater. In no instance shall any sump pump or other stormwater
diversion system be connected to a sanitary sewer.
B.
In cases where a storm sewer is not available, the property owner
may continue to divert stormwater so that it flows onto public streets,
easements or public way, except where such diversion creates a hazard
for pedestrians or vehicular traffic, whether by ice accumulation
or otherwise. The Director of Public Works or his designate is authorized
to issue orders for compliance with this section.
