City of St. Francis, WI Streets and Sidewalks

Where there is an existing curb but no sidewalk, the area shall be concreted sufficiently to prevent deterioration or washing away of the ground area adjacent to such curb.

Where driveways occur, the work shall consist of seven inches of concrete base.

When there is a complete repaving of any street, any openings or cuts into the street or sidewalk for the purpose of creating or use as a driveway shall be paved in accordance with the specifications of Subsection C(2) above within 30 days of completion, unless the driveway paving occurs at the same time and as a part of the street paving project. The City Engineer shall inspect the project to ensure that all such work is done in accordance with the City's engineering standards and requirements.

§ 397-2 Street excavations, obstructions and encroachments.

[Amended 5-7-2019 by Ord. No. 1447]

Purpose and findings.

In the exercise of governmental functions, the City has priority over all other uses of the public rights-of-way. The City desires to anticipate and minimize the number of obstructions and excavations taking place therein and to regulate the placement of facilities in the public rights-of-way to ensure that the rights-of-way remain available for public services and remain safe for public use. The taxpayers of the City bear the financial burden for the upkeep of the rights-of-way and frequent excavation and/or improper restoration by third parties are primary causes for the early and excessive deterioration of the City's rights-of-way.

The City finds that, with increased use of the public rights-of-way, there are increased costs to the taxpayers of the City and that such costs are likely to continue into the foreseeable future.

The City finds that excavation and/or occupancy of its rights-of-way results in certain costs being borne by the City and its taxpayers, including but not limited to:

Administrative costs associated with projects in the public right-of-way such as, for example, registration, permitting, inspection and supervision, supplies and materials.

Management costs associated with ongoing management activities necessitated by public right-of-way users.

(c)

Repair or restoration costs to the roadway associated with the actual excavation into the public right-of-way.

(d)

Degradation costs, defined as depreciation caused to the roadway in terms of decreased useful life, due to excavations into a public right-of-way.

The Council finds that the enactment of regulations will promote the health, safety and welfare of the residents of the City as they use the right-of-way of the City, as well as to ensure the structural integrity of the public rights-of-way.

In response to the foregoing findings, the City hereby enacts this § 397-2 of the Code relating to the issuance and administration of permits to excavate, obstruct and/or occupy a public right-of-way, whether above or below ground, and for any use of a public right-of-way that results in above grade use of the right-of-way.

The provisions of this section are intended to impose reasonable regulations concerning excavation of any City street, alley, or public grounds; and concerning the siting and maintenance of any equipment, fixture, or structure within its rights-of-way or to be placed therein at some future time. By enacting these regulations, the Council intends to establish a regulatory structure that will complement the regulatory provisions enacted by both state and federal agencies.

By enacting this section, the Council further intends to provide the City with a legal framework within which to regulate and manage the public rights-of-way, and to provide for recovery of the costs incurred in doing so.

Prohibited. No person shall cause or suffer any excavation, obstruction or encroachment of any City street, alley, sidewalk, public grounds or other lands dedicated to public use, or any part thereof, or permit any such excavation or any encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which such person is an owner or occupant of, except as provided in Subsections C and D of this § 397-2.

Exceptions. The provisions of this § 397-2 pertaining to obstructions and encroachments of City rights-of-way shall not apply to the following:

Signs and clocks attached to buildings which project not more than six feet from the face of such building and which do not extend at any point lower than 10 feet above the sidewalk, street or alley.

Awnings which do not extend at any point lower than seven feet above the sidewalk, street or alley.

Official signage, official traffic control devices, and utilities owned or leased by the City.

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided that such goods, wares, etc., do not remain thereon for more than three hours.

Obstructions or encroachments lawfully existing prior to May 7, 2019.

Dumpsters and commercial storage containers permitted by the Engineering Department and/or Building Inspection Department by means of the issuance of an obstruction/dumpster permit.

Permit required.

No person shall excavate any City street, alley, sidewalk, public grounds, or other lands dedicated to public use without having first obtained a permit therefor from the City Engineer in accordance with this Code and, thereafter, complying with all applicable provisions of this Code.

No person shall encroach upon or 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 premises of which such person is an owner or occupant, without having first obtained a permit therefor from the City Engineer in accordance with this Code and, thereafter, complying with all applicable provisions of this Code.

Permit application, requirements.

An application shall be filed with the City Engineer.

The applicant shall pay the right-of-way permit fee. The right-of-way permit fee shall be in the amount as established by resolution of the Common Council, as may be amended from time to time. Such fee shall not exceed a reasonable approximation of actual costs incurred, shall be limited to objectively reasonable costs, and shall be uniform for similarly situated users of the right-of-way in similar situations.

The applicant shall sign a professional fee chargeback agreement to ensure compliance with § 61-12B of this Code that, if professional fees are incurred by the City to review said applications, such professional fees are paid and the permit fee shall be established with this actual professional fee cost recovery in mind, to avoid excess cost recovery.

The applicant shall provide detailed scaled plans show all existing conditions including but not limited to sidewalk, curb and gutter, streets, catch basins/inlets, above- and below-ground utilities, trees, driveways, carriage walks and all proposed conditions including but not limited to exact size and location of excavations, structures, equipment, appurtenances and attachments to structures and equipment as well as any other obstructions in the vicinity of the proposed installations and location of structures on abutting properties.

Where the applicant is requesting permission for any obstruction and/or encroachment above a City right-of-way, the applicant shall provide a detailed report describing potential hazards to the public from said equipment or structure, and the impacts due to location on safety for the driving public, pedestrians, and owners and users of adjacent property for things such as, for example but not limited to; fall zone, fire, explosion, chemical, environmental impacts, and vehicle crash impacts. Said report shall indicate the risk of the safety hazard and the proposed design element to address said safety hazard. The City Engineer may require the applicant's report to be provided by a structural engineer or other expert approved by the City Engineer, if the City Engineer finds it to be reasonably necessary to have such an expert opinion in light of the circumstances of the particular application, for the protection of public health and safety. In such event, the applicant shall provide such expert's opinion at the applicant's cost.

The plan must show how the installation and maintenance of said above-grade right-of- way use will not impact snow or grass removal from the terrace, sidewalk or street, or conflict with the operation or maintenance of vehicular travel and existing utilities above- or below-ground.

An alternative analysis shall be provided upon request by the City Engineer to show what options other than locating above grade in the right-of-way exists and the approximate costs of such alternatives.

Permit application process.

The City Engineer shall review permit applications under this section and make an initial determination as to whether all application materials have been submitted within 10 days of receipt of the initial application.

If the application materials are not complete the City shall provide written notice to the contact person on the application that the application is incomplete. The applicant shall have up to 30 days from the date of initial application to provide a complete application or the application shall be deemed insufficient and denied. The City shall have 60 days to review and act on the permit from the date that the City determines the application is complete and all fees paid.

Existing uses. The City Engineer may determine whether to approve, deny, or conditionally grant permits for excavations for underground utility work and for any installation, use, encroachment, obstruction or excavation added to either a previously approved abovegrade use or an above-grade use that was legally placed prior to May 7, 2019, unless the City Engineer concludes the new installation, use, encroachment, obstruction, or excavation may obstruct or disrupt the public use, in which case the application shall be subject to the procedures for a new use.

New uses. All permit applications other than those described pursuant to Subsection F(3) for above-grade right of way obstructions or encroachments shall be considered as follows.

The City Engineer shall initially refer the permit application to the Board of Public Works, which shall review the application and provide its recommendation to the Common Council.

The Common Council shall give consideration to the application and the recommendation of the Board of Public Works, as well as any staff and expert reports, or other information as the Common Council determines appropriate. The Common Council shall consider public safety, alternative options, aesthetic considerations as described in this section, and the public good when considering an application for a permit for above-right-of-way obstructions or encroachments. The Common Council may grant the permit, grant the permit with conditions, or deny the permit.

General requirements.

Equipment, facilities and support structures, towers, manholes and handholes, and utility poles shall not obstruct, impede, or hinder vehicular, pedestrian, or bicycle travel or public safety within the right-of-way, except for authorized temporary lane or sidewalk closures.

Facilities and support structures, towers, and utility poles shall not be located within sight triangles at street intersections or otherwise located within any area that will create traffic visibility loss to drivers, pedestrians, or bicyclists.

To the extent possible, any equipment, facility, support structure, tower, manhole and handhole, or utility pole shall be located and designed so as to avoid interference with right-of-way maintenance activities, such as:

Grass mowing, brush collection, tree trimming, and landscaping maintenance;

Trash collection;

(c)

Maintenance of streets, pavement, sidewalks, and bicycle lanes; and

(d)

Maintenance of other facilities in the rights-of-way.

Facilities and support structures, towers, manholes and handholes, and utility poles at all times must comply with applicable requirements of the Americans with Disabilities Act of 1990, and as amended from time to time.

To the extent possible, new facilities and support structures, towers, and utility poles must not be located directly in front of any existing structure used for residential occupancy.

To the extent possible, new facilities and support structures, towers, and utility poles must be located in line with existing lot lines, but in areas where multiple structures abut each other or where no side lot setback requirement exists, structures must not be located directly in front of an entrance or window of any existing structure.

A combination support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a new location where the City Engineer has identified that a streetlight is necessary.

Aesthetic requirements. All users of a City right-of-way shall comply with the following aesthetic standards:

To the extent feasible, facilities must be concealed or camouflaged. The facilities must have a nonreflective finish and be painted or otherwise treated to minimize visibility and the obstruction of views. For purposes of this section, "camouflaged" or "concealed" means designed to mask or blend with the surrounding environment in such a manner to render it generally unnoticeable to the casual observer. By way of example, a facility may be camouflaged in a faux tree, faux bush, flagpole, or otherwise designed in a manner to be compatible with the appurtenant architecture, building, or natural surroundings. Permitted concealment techniques also include those that completely screen all associated equipment from public view and are so integrated into the surrounding natural or manmade environment that the observer does not recognize the structure, such as, for example: where equipment is placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; where new architectural features are created that match the underlying structure in architectural style, physical proportion and construction-materials quality; or by use of flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.

Attachments at the top of support structures shall be incorporated into the structure, or placed within shrouds of a size such that the attachment appears to be part of the support structure. All other attachments to support structures shall be integrated into the structure, or be designed and placed to minimize visual impacts.

Equipment and equipment cabinets that incorporate radio units and mounted on a utility pole shall be placed as high as possible on a support structure, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the utility pole.

Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.

Wiring and cabling shall be neat and concealed within or flush to the support structure, ensuring concealment of these components to the greatest extent possible.

Aboveground structures or equipment shall, where required, be screened by an approved landscape plan and maintained for the life of the structure or equipment. Dead plants will be removed and replaced as needed. If the permittee is notified of dead plants, the permittee shall replace the dead plants within five days of notification or the City may cause the dead plants to be removed and replaced. Any and all costs to remove and replace the dead plants after the initial twelve-month warranty period will be billed to the permittee.

Facilities must not be illuminated, except in accordance with state or federal regulations or if incorporated as part of a street light pole.

(8)

Facilities shall not generate noise that exceeds the ambient noise level in the area where the facility is located. The City may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the approval authority deems necessary or appropriate to ensure compliance with the applicable ambient noise limit.

(9)

Any party objecting to the requirements of this Subsection H shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, in an appeal made pursuant to § 397-3.

Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of § 1-4 of this Code. Each day that the debris remains after such time constitutes a separate offense,

Protection of the public. The permit holder shall erect and maintain such barriers, warning lights and signs as shall be needed to adequately inform the public of the nature and location of the work being performed. Additional barriers, warning lights and signs may be required by the City Engineer

Right-of-way restoration.

All work permitted under a permit granted under this section, and the repair and restoration of the right-of-way as required herein, shall be completed within the dates specified in the permit to the satisfaction of the City Engineer and must warrant such repairs for 12 months thereafter.

In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must warrant such repairs for 12 months thereafter.

The permittee shall perform repairs and restorations according to the standards and with the materials specified by the City Engineer. The City Engineer shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a case-by-case basis. The City Engineer in exercising this authority shall be guided by the following standards and considerations:

The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way.

The traffic volume carried by the right-of-way.

(c)

The character of the neighborhood surrounding the right-of-way; the pre-excavation condition of the right-of-way.

(d)

The remaining life-expectancy of the right-of-way affected by the excavation.

(e)

Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way.

(f)

The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.

(g)

Where such excavations are on streets, alleys or other surfaces that are concrete, or have a concrete base, the excavation and replaced pavement shall be of like kind, material, density and durability to that which exists, and, if done within 30 years of the City's acceptance of such pavement, shall be done joint to joint, and shall not be trenches or other methods that will create new joints or seams in the concrete.

(h)

Where excavations are in streets, alleys or other paved surfaces that are asphalt, the excavation and replaced pavement shall be of like kind, materials, density and durability to that which exists and, if done within 15 years of the City's acceptance of such pavement, the pavement shall be replaced to the full width of the pavement and parking lane and no less than five feet in length. Multiple asphalt repairs may be considered one repair and require a larger area of repair.

Methods of restoration authorized by the City Engineer may include, but are not limited to, patching, replacement of the right-of-way surface and base, restoration of landscaping, and milling and overlay of the entire area of the right-of-way and complete reconstruction of the entire right-of-way area affected by the work. During this twelve-month period, the permittee shall, upon notification from the City Engineer, correct all restoration work to the extent necessary using the method proposed by the permittee and approved by the City Engineer. Said work shall be completed within five calendar days of the receipt of the notice from the City Engineer. If the permittee fails to restore the right-of-way to the condition required by the City Engineer, or fails to satisfactorily and timely complete all repairs required by the City Engineer, the City Engineer may cause such repairs to be completed. In such event, the permittee shall pay to the City, within 30 days of billing, the cost of restoring the right-of-way.

Deposits required.

A cash deposit or letter of credit shall submitted prior to the issuance of any permit to guarantee the work performed within the right-of-way. Said deposit or letter of credit shall be held for 12 months after the completion of all work. At the completion of said 12 months, the City shall inspect the work that was performed including all restoration of the work area. Any and all deficiencies shall be corrected. The deposit will be returned upon completion of the repairs being inspected and accepted by the City Engineer. The requirements of this paragraph shall be subject to the limitations of Wisconsin Statutes §§ 66.0425(2) and (5).

Certificate of insurance. Before a permit may be issued the applicant shall file a certificate of insurance with the City Clerk in the minimum sum of $1,000,000 insuring such permit holder and the City against any claim, loss or demand and have a thirty-day cancellation or change notice to the City.

Indemnification agreement. Before any person, entity, or utility commences work pursuant to this section, such person, entity or utility shall file an agreement with the City Clerk to hold the City harmless and indemnify and defend the City, its officers, agents, and employees from and against any and all injury and damage of any kind caused or occurring as a result of such work. The agreement shall be in a form approved by the City Attorney, and shall have continuing effect during the course of such work and for all time that the obstruction or facilities or installation remain within the right-of-way, and thereafter until such obstruction is removed and the site is fully restored to the satisfaction of the City Engineer or his or her designee.

No waiver of rights. The City of St. Francis retains all rights in City rights-of-way. The grant of a permit under this section does not constitute a waiver of any City rights and remedies regarding ongoing compliance obligations toward such installations. All persons, entities and utilities installing obstructions, encroachments or conducting excavation in any City right-of-way shall remove or relocate the obstruction, encroachment or excavation upon 10 days' notice, except as otherwise provided by law.

Compensation. The City may require payment of compensation in an amount determined by the Common Council for the grant of any permit pursuant to this section, provided that compensation for more than applicable fees and cost recovery shall not be required of utilities that have the right to use the right-of-way by Wisconsin Statutes § 182.017(1r). The compensation required shall be fair and reasonable, competitively neutral and nondiscriminatory and designed to recover direct and actual costs in connection with the installation, such as the cost for staff to review the siting application, costs associated with the use of the right-of-way, costs associated with maintaining the right-of-way itself or structures within the right-of-way to which the facilities are attached, and these standards apply both to initial fees and any recurring fees.

Compliance with laws. Approval of a permit pursuant to this section does not waive the requirement to comply with all other applicable laws and ordinances. All applicable federal, state, and Milwaukee County statutes, regulations, administrative rules, ordinances and other laws and this Code must be complied with.

If any of the provisions of this section are not complied with, in addition to any other remedy available to the City at law or in equity, the City Engineer may revoke or refuse to issue such permit.

§ 397-3 Appeals concerning street excavation, obstruction and encroachment permits.

[Amended 5-7-2019 by Ord. No. 1447]

Appeals from decisions of the City Engineer. Any person aggrieved by the action or decision taken by the City Engineer pursuant to § 397-2 of this Code may, within 15 days of such action or decision, request a review of such action or decision by the City Administrator. In the event the aggrieved party wishes to appeal the decision by the City Administrator on review, such aggrieved party may, within 15 days of the decision by the City Administrator request that the matter be heard by the City's Licensing Committee, which shall make an oral or written recommendation of its findings for action by the Common Council.

Appeal from a decision of the Common Council under this section shall be brought by action seeking certiorari review of the record in the Circuit Court for Milwaukee County within 30 days of the Common Council's decision.

§ 397-4 Snow and ice removal.

Duty. The owner, occupant or person in charge of any building fronting upon or adjoining any sidewalk and the owner or person in charge of any unoccupied lot or dwelling fronting upon or adjoining any sidewalk, as the case may be, shall be responsible for the removal of all snow and ice from the entire width of such sidewalk and the entire length of such sidewalk from property line to property line. Such persons shall cause the same to be kept clear of any snow or ice within 24 hours after such snow or ice has ceased to fall or accumulate thereon. Determination of the ending of such twenty-four-hour period shall be by the Police Department. If, however, ice has formed on any sidewalk such that it cannot be removed, then the persons herein referred to shall keep the entire width and length of the sidewalk sprinkled with ashes, sawdust, sand or salt within the time referred to. In construing the provisions of this subsection, when the premises is occupied, the occupant or person in charge shall be deemed to be the proper person whose duty it shall be to comply with the provisions hereof, but without relieving the owner of such duty.

[Amended 3-7-2006 by Ord. No. 1209; 7-1-2008 by Ord. No. 1259]

Removal by City. Pursuant to § 66.0907(5), Wis. Stats., if the owner, occupant or person in charge in Subsection A above has failed to remove such snow and/or ice or to make the sidewalk safe for travel within the above-stated twenty-four-hour period, the City shall have the power to remove such snow and/or ice. This shall also apply where snow and/or ice have been removed but some still remains and passage on such sidewalk is unsafe. Determination of need for such removal shall be by the City Engineer or Highway Superintendent.

Charge for removal by City. Also pursuant to § 66.0907(5), Wis. Stats., if the City has removed snow and/or ice as provided in Subsection B above, the City shall levy a special tax for such snow/ice removal equal to $2 per linear foot of sidewalk and $1.60 per pound of salt used. The amount of such tax shall be transmitted to the City Clerk, and the Clerk shall include it in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, pursuant to § 66.0907(3)(f), Wis. Stats.

Deposit in streets restricted. No person shall cause to be deposited snow from his premises onto the sidewalk abutting thereon or onto any street in the City.

§ 397-5 Street trees, shrubs and plants; trees adjacent to public rights-of-way.

[Amended 2-18-2014 by Ord. No. 1358]

Public trees, plants, and shrubs protected. No person shall plant, transplant, move, cut, prune, spray, treat, alter, or remove any public tree, shrub or plant within the City of St. Francis, including but not limited to any tree, shrub or plant located between his/her property line and the curb or traveled portion of the street(s) abutting his/her premises. Nothing in this section, however, shall be construed to prevent the planting, mowing, or fertilization of grass between the property line and the curb or traveled portion of an abutting street or the control of noxious weeds within said grass as provided in § 320-3F of this Code. For the purposes of this section, the City Engineer shall have the powers and duties of a forester under § 27.09, Wis. Stats.

Maintenance of private trees adjacent to public rights-of-way.

The owner(s) of any private tree overhanging any street or right-of-way within the City of St. Francis shall prune, or cause to be pruned, the branches so that such branches do not obstruct the light from any street lamp or obstruct the view of any street sign or intersection. Said owner(s) shall further prune, or cause such tree(s) to be pruned, so that there shall be a clear space of 14 feet above the street surface or eight feet above the sidewalk surface and shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs, that constitute a menace to the safety of the public.

The City Engineer and Building Inspector shall have the authority to issue notice to the owner of any property in violation of § 397-5B(1) of this Code and to establish a time for compliance that is reasonable under the circumstances as determined by the City Engineer or Building Inspector.

In the event of noncompliance within the time set forth in a notice provided under § 397-5B(2) of this Code, the City Engineer may direct City employees to prune any tree or shrub on private property to the extent necessary to abate a condition that, in the reasonable judgment of the City Engineer, interferes with the proper spread of light along the street from a streetlight, the visibility of any traffic control device or sign, the vision corner at any intersection, or the movement of vehicles or pedestrians upon any public street or sidewalk.

Charges for tree services rendered by the City under this section may be collected as a special charge against the property owner in the manner provided in Wis. Stats. § 66.0627.

Tree care. Section 27.09, Wis. Stats., shall apply.

§ 397-6 Unlawful deposits.

No person shall scatter, throw, cast, drop, deposit, lay or direct any offal, vegetables, garbage, coal, nails, metal, glass, ashes, clay, earth, or other thing upon any street, alley or sidewalk within the City. This does not include placing ashes, sand, sawdust, or salt upon a sidewalk for a safe pedestrian travel.

§ 397-7 Underground installation of utilities.

Where feasible, all electric power, streetlighting, and telephone lines shall be installed underground in easements provided therefor. The Board of Public Works shall be notified of all such installations and shall determine the feasibility thereof. Appeals from the decision of the Board may be made to the Common Council.

§ 397-8 Natural drainage ditch obstruction.

Permit required. No person shall construct, reconstruct, alter, repair, or install any drainage structure in any natural drainage ditch without first obtaining a permit therefor from the City Engineer, subject to approval by the Common Council.

Interference. No person shall create any obstruction to or interference with any natural drainage ditch or channel that shall in any manner obstruct the flow of water through the drainage ditch or channel, except that a drainage ditch or channel may be filled or altered if a permit has first been obtained pursuant to Subsection A above.

Application for permit. Such applications shall include the following information:

The name and address of the applicant and, if a corporation, the names and addresses of the principal officers thereof.

The place where the work is to take place.

The type of construction to be used and the materials to be used.