Village of Pleasant Prairie, WI
Kenosha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 11-7-1994]

§ 305-8 Adoption of statutory provisions.

Section 66.0907, Wis. Stats., shall apply in the Village.

§ 305-9 Sidewalks required.

A. 
New sidewalks shall be required on a case-by-case basis wherein the Village Board determines that the amount of pedestrian traffic and the risks to pedestrian safety justify the installation of sidewalks.
[Amended 6-19-2006 by Ord. No. 06-28]
B. 
Existing sidewalk(s) shall be required to be repaired or removed and replaced for those existing sidewalks found to be in disrepair by the Village.
C. 
The Village Superintendent of Streets shall notify the abutting property owner via first class mail to the last recorded property owner address when the sidewalk is in disrepair. The sidewalk shall be repaired or removed and replaced by the order of the Village Administrator within 30 days, weather permitting.
D. 
The Village Board may, in its discretion, at any time, order the construction of sidewalks where they presently do not exist, or the reconstruction or repair of or replacement of public sidewalk(s) at the expense of the abutting property owner, when it is determined that the amount of pedestrian traffic and the risks to pedestrians justify the installation or replacement of the sidewalk(s).

§ 305-10 Costs for installation, replacement or repair.

The cost of sidewalk installation, replacement or repair shall be incurred by the developer, in the case of a new subdivision or land division, or the abutting property owner, in the case of existing sidewalk(s). Payments for sidewalk(s) shall be made within 30 days of receipt of the Village's invoice. Nonpayment of such an invoice shall cause the cost of said replacement or repair to be placed upon the tax roll of the affected parcel with an additional 10% of the cost.
A. 
Special assessments may be utilized to recover the cost of sidewalk(s) removal, land restoration and construction. Upon the execution of a waiver of notice for a special assessment, the special assessment charge will be amortized over a five-year time period at an interest rate equal to the interest rate being charged by the Village at the time the waiver is executed.
B. 
Written notice of the proposed construction, repair or replacement of the public sidewalk(s) must be sent by first class mail to the last recorded address of the abutting property owner.
C. 
The abutting property owner shall be given the opportunity to be heard before the Village Board on the necessity for the proposed construction, repair or replacement of the sidewalk(s). The abutting property owner shall be given the opportunity to appear, with or without counsel, to examine all written reports, call witnesses and submit written reports.
D. 
The Village Board must approve the necessity for the proposed construction, repair or replacement of public sidewalk(s) by a Board resolution after giving the abutting property owner and the public the opportunity to be heard and after reviewing the report of the Village Administrator.
E. 
The Village Board must approve, by resolution, the amount of the special assessment to be imposed upon the benefited property after the final determination of charges has been made. Appeal from this final determination shall be pursuant to the procedures outlined in the § 66.0703(12), Wis. Stats.

§ 305-11 Snow and ice removal.

[Amended 4-18-2005 by Ord. No. 05-13; 12-21-2015 by Ord. No. 15-48]
A. 
Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulating on said sidewalk. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with deicing material to permit safe travel by pedestrians.
B. 
Depositing snow on streets and public property. No person shall throw, blow, pile or place, or cause or allow to be thrown, blown, piled or placed, any snow or ice on any public street, public place or public property, except on the terrace area located between the sidewalk and the roadway. This subsection may be enforced against any person or entity performing snow removal or the person or entity owning the property from which the snow was removed or all of the aforesaid parties. This subsection shall not apply to any employee of the Department of Public Works, Fire Department or Police Department while acting within the scope of Village employment.
C. 
Village may effect compliance. Whenever any owner of any lot or parcel fails or neglects to remove snow and ice from any sidewalk as required by Subsection A above or if snow or ice is deposited on any sidewalk, street, alley, terrace, public place or street in the Village in violation of Subsection B above, the Director of Public Works, without notice, shall cause such snow and ice to be removed therefrom, and the person in charge of the premises from which the snow or ice was removed and so deposited shall be charged for the Village costs of such removal. If not paid within 30 days, such charge shall be placed on the tax roll, pursuant to § 66.0627, Wis. Stats. In addition to the aforesaid Village abatement costs, any person or entity who violates any provision of this § 305-11 may, after given written notice, be subject to all of the remaining terms and provisions of § 1-4, the penalty provisions of this Municipal Code.

§ 305-12 License required to perform work.

A. 
No person, party, firm or corporation shall construct, modify, destroy, remove or repair any sidewalk in the public right-of-way without first obtaining a license from the Village Clerk and becoming prequalified as a contractor in the Village.
B. 
The fee for such license shall be $25 for the annual renewal thereof. All fees shall be paid to the Village Treasurer.

§ 305-13 Bond required; indemnification of Village.

A. 
Contractor's bond. Every person, party, firm or corporation engaged in the business of constructing, modifying, destroying, removing or repairing sidewalks, prior to the issuance of a license, shall provide a surety bond to the Village of Pleasant Prairie in the sum of $10,000, which bond shall guarantee that all work is performed in accordance with this article and other ordinances of the Village of Pleasant Prairie and the regulations of Kenosha County and the State of Wisconsin.[1]
[1]
Editor's Note: Original § 8.02(6)(b), Owner's bond, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Every person, party, firm or corporation engaged in the business of constructing, modifying, destroying, removing or repairing sidewalks shall indemnify the Village for any damages to or obstructions of the public right-of-way, including the storm sewer, sanitary sewer or water mains located in said right-of-way.

§ 305-14 Insurance.

A condition of the license shall be the furnishing of a certificate of insurance containing the provision that the Village Administrator must be notified 20 days prior to the effective date of any termination or cancellation thereof, which certificate shall indicate that there is in full force and effect a policy of public liability insurance and motor vehicle liability insurance for each motor vehicle used in conjunction with the licensed activity, issued by an insurance company licensed to do business in the State of Wisconsin. Such insurance shall be in the amount of $300,000 protecting against claims involving death, personal injury or property damage.

§ 305-15 Sidewalk permit required.

A. 
No person, party, firm, or corporation may construct, modify, destroy, remove or repair a particular sidewalk within the Village without first receiving a sidewalk permit.
B. 
Application for a sidewalk permit shall be made to the Superintendent of Streets. Such permit shall be issued by the Superintendent of Streets to the applicant having the license, bond and insurance as herein required.
C. 
Permit fees are provided below:
(1) 
New sidewalks, 25 to 100 square feet in size: $15.
(2) 
Sidewalk repairs or mud jacking, 100 square feet or more in size: $25.
D. 
Triple fees will be charged for sidewalk work commenced prior to the issuance of the permit.

§ 305-16 Design and construction. [1]

All sidewalks shall be designed, located, constructed, installed, provided and completed in a workmanlike manner, to the satisfaction of the Village Engineer. Such sidewalks shall be replaced and/or installed at the subdivider's, homeowner's or landowner's cost and in accordance with the provisions of this article and all other applicable ordinances of the Village. In the case of a new subdivision, large lot subdivision or minor land division, the developer agreement entered into by and between the divider and the Village shall specifically have the sidewalk plans and specifications approved by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 305-17 Specifications.

A. 
The size and location of required sidewalks for new subdivisions, large lot subdivisions or minor land divisions shall be in accordance with Table 1 in § 395-60 and §§ 395-60A and 395-62C of Chapter 395, Land Division and Development Control, of this Code and with applicable supplemental engineering and construction standards and specifications approved by the Village Board.
B. 
Replacement of existing sidewalks shall be made at the same width and grade and thickness as exists at the match point on either end of the replacement sidewalk.

§ 305-18 Sidewalk plans.

Sidewalk plans shall be submitted as a detail of the public street plans for any new subdivision or land division.

§ 305-19 Curbs and gutters.

Sidewalks shall be prepared and completed with curbs and gutters in all new subdivisions and land divisions where required, in accordance with § 395-71 of Chapter 395, Land Division and Development Control.

§ 305-20 Inspection and approval.

The Village shall be contacted and shall inspect and approve all sidewalks.

§ 305-21 Appeals.

Any person, partnership or organization aggrieved by an administrative decision made by the Superintendent of Streets or the Village Board may appeal such decision to the Village Zoning Board of Appeals.