Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
Chapter 405: Design Standards and Construction Specifications
[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 5-2-2016 by Ord. No. 16-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Contractors — See Ch. 150.
Sewers — See Ch. 285.
Storm sewers — See Ch. 297.
Stormwater management and stormwater drainage system facilities — See Ch. 298.
Stormwater storage facilities — See Ch. 300.
Streets and sidewalks — See Ch. 305.
Water — See Ch. 355.
Building and mechanical code — See Ch. 370.
Land disturbance, construction site maintenance and erosion control — See Ch. 381.
Land division and development control — See Ch. 395.
[1]
Editor's Note: This chapter also repealed former Ch. 405, Public Improvement Projects, adopted 12-20-2004 by Ord. No. 04-63, as amended.

§ 405-1 Statutory authority.

This chapter is adopted by the Village of Pleasant Prairie under the authority granted by the Wisconsin Statutes, including, without limitation, §§ 61.34, 61.345, 61.36 and 61.39, Wis. Stats.

§ 405-2 Purpose and intent.

The Purpose of this chapter is to establish uniform standards for design and construction within the Village of Pleasant Prairie. These standards will promote consistent design and construction practices and safeguard the interests of the Village of Pleasant Prairie by ensuring that all public and private improvements are designed and constructed in conformance with sound engineering practices and accepted standards.

§ 405-3 Adoption of Design Standards and Construction Specifications.

This chapter hereby adopts and incorporates the Design Standards and Construction Specifications for the Village of Pleasant Prairie,[1] and any amendments that may be made by the Village Board from time to time, for all public and private improvements.
[1]
Editor's Note: Said Design Standards and Construction Specifications are on file in the Village offices.

§ 405-4 Jurisdiction; applicability.

A. 
This chapter applies to design and construction of public and private improvements, land development, and grading and filling activities within the Village of Pleasant Prairie corporate limits.
B. 
The requirements of this chapter are not exclusive. Other public agencies may have review and permitting jurisdiction, including but not limited to the Wisconsin Department of Natural Resources, United States Army Corps of Engineers, Wisconsin Department of Transportation and Kenosha County. This chapter does not substitute for the requirements of other public agencies having jurisdiction.

§ 405-5 Approvals.

No improvements such as land grading, land filling, stormwater drainage facilities, sanitary sewer, water mains, roadway, paving, or other infrastructure shall be constructed until plans are formally approved in writing by the Village and any other agencies having jurisdiction.

§ 405-6 Enforcement; violations and penalties.

The following methods of enforcement in any combination thereof are authorized against any landowner or responsible party that is found to be in violation of any provision of this chapter:
A. 
Stop-work order. The Village may issue a stop-work order if the work being done does not comply with Village standards, is not being done correctly, does not have required approvals or permits from the Village or other agencies having jurisdiction, or is deemed unsafe to the public.
B. 
Compliance order. The Village shall notify the owner in writing of any noncomplying activity. The compliance order shall describe the nature of the violation, remedial actions needed, a schedule of remedial action, and additional enforcement action that may be taken.
C. 
Penalty. Any person violating any of the provisions of this chapter is subject penalties pursuant to § 1-4 of the Village Code.
D. 
If the violations are likely to result in damage to private properties, public facilities, waters of the state or other waterways in the Village, the Village may take emergency actions necessary to prevent such damage.
E. 
The owner or responsible party is responsible for any costs incurred by the Village to bring the violation into compliance with any compliance order. The Village shall mail an invoice for any such work to the owner or responsible party. All invoices shall be paid within 30 days. For invoices not paid within 30 days, there is a penalty of 1.5% per month due on the unpaid invoice balance, along with an additional ten-percent penalty if the outstanding invoice, interest, and penalty are placed on the tax roll (a lien against the property). The right of the Village to assess a lien against the property shall be one of the remedies available to the Village but shall not be the exclusive remedy. The Village may also sue for a money judgment for any invoices which are past due.
F. 
The Village may seek enforcement of violations of this chapter through a court of equity located in Kenosha County.

§ 405-7 Interpretation.

The provisions of this chapter are considered minimum requirements. Where conditions imposed by this chapter differ from comparable conditions imposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive or that impose higher standards or requirements shall govern. The Village reserves the right to interpret and make determinations with regard to rules and regulations.

§ 405-8 Editions and addendums.

A. 
Reference to the current Design Standards and Construction Specifications shall be per current year edition, with first edition year hereby adopted as 2016.
B. 
The Village Board may consider amendments, as issued per addendum, during the year for the current year edition. Addendum(s) shall be made by resolution that includes a description of the proposed amendments.
C. 
Each current year edition shall be updated to incorporate the previous year's addendum(s).

§ 405-9 Appeals.

[Amended 12-19-2016 by Ord. No. 16-45]
A. 
Any person aggrieved by any decision, action, or determination made by an authorized Village official interpreting or implementing this chapter may file with the Village Engineer a written request for reconsideration within 30 days of such decision, action, or determination, setting forth in detail the facts supporting the request for reconsideration. The Village Engineer shall render a decision on the request for reconsideration, in writing, within 15 days of the receipt of request. If the ruling on the request for reconsideration made by the Village Engineer is unsatisfactory, the person requesting reconsideration may, within 15 days after the Village Engineer's ruling, file a written appeal to the Village Board.
B. 
A fee of $50, to help defray the cost of the appeal, shall accompany any appeal to the Village Board for its ruling. The written appeal shall be heard by the Village Board within 45 days from the date of filing. The Village Board may reverse, affirm, or modify the determination of the Village Engineer, and the Board's decision shall be final. The Village Board shall promptly notify the appellant of its findings in writing.