[HISTORY: Adopted by the Village Board of the Village of Osceola
8-10-1993 by Ord. No. 7-93 as Ch. 6 of the 1993 Code. Amendments noted where
applicable.]
A.
The names of the following platted and existing streets
in the Village of Osceola are created, amended and corrected as follows:
(1)
Circle Drive, located in Christopherson's Addition, is
renamed Geiger Street.
(2)
Main Street, as located in the original plat and the
outlot plat, and Hammond Street, as presently located in the original plat
and the outlot plat, are renamed River Street.
(3)
Cascade Street, located in the original plat and the
outlot plat, and Essex Street, located in the original plat and the outlot
plat, are renamed Cascade Street.
(4)
Elm Street, as located in the original plat, Campbell's
Addition and F.G. Murry's Addition, and College Street, as located in the
original plat, the outlot plat and Staple's Addition, are renamed Chieftain
Street.
(5)
Campbell Street, as located in Campbell's Addition, Forest
Street, as located in Henry Johnson's Addition and in the outlot plat, and
Adams Street, as located in Staple's Addition, are renamed Kent Street.
(6)
Marine Road, as located in the outlot plat, is renamed
Ridge Road.
(7)
Mill Street, as located in the original plat and in F.G.
Murry's Addition, is renamed First Avenue.
(8)
Spring Street, as presently located in the outlot plat,
the original plat, Campbell's Addition and F.G. Murry's Addition, is renamed
Second Avenue.
(9)
Cedar Street, as located in the original plat, Campbell's
Addition, the outlot plat and Larson's Addition, and Old County Trunk "M,"
as shown on the outlot plat, are renamed Third Avenue.
(10)
Locust Street, as located in the original plat, Campbell's
Addition and the outlot plat, is renamed Fourth Avenue.
(11)
Pine Street, as located in the original plat, is renamed
Fifth Avenue.
(12)
Kent Street, as located in the original plat, is renamed
Sixth Avenue.
(13)
Hilton Street, as located in the original plat and Henry
Johnson's Addition, and Kimball Street, as located in Henry Johnson's Addition,
are renamed Seventh Avenue.
(14)
Raymond Street, as located in Staple's Addition, is renamed
Eighth Avenue.
(15)
Jefferson Street, as located in Staple's Addition, is
renamed Ninth Avenue.
(16)
That unnamed street previously know as "North School
Road," as located on the north side of Outlot 18 of the outlot plat and on
the north side of Christopherson's Addition, is named Tenth Avenue.
(17)
New CTH "M," as presently located, is named Seminole
Avenue.
(18)
That street on the west side of the northeast quarter
of the northeast quarter (NE 1/4 of NE 1/4) of Section 27, T33N, R19W, and
on the west side of Outlot 16 of the outlot map and on the west side of Block
1 of Larson's Addition and being previously known as "Cemetery Road" is named
Summit Street.
B.
The Village Clerk shall execute and record an affidavit
in accordance with § 236.295, Wis. Stats., showing the changes,
corrections and creations shown by this section.
Section 66.615 of the Wisconsin Statutes shall apply.
A.
Permit required. No person shall excavate in any street, alley or public ground without a permit therefor from the Village Board. The cost of a permit shall be as set by resolution of the Village Board from time to time and shall cover the cost of one inspection. The cost of all additional inspections shall be billed as miscellaneous services rendered in the amount determined in § A222-3, Fees not enumerated.
[Amended 7-8-2003 by Ord. No. 03-14]
B.
Protection of the public. No permit shall be issued unless
the method of construction and location of the work to be performed shall
be such that the public safety and convenience will not be impaired. The person
seeking the permit shall erect such barriers, warning lights and signs as
to adequately inform the traveling public of the nature and location of the
work being performed.
C.
Repair of street opening. The person to whom a permit
is issued under this section shall complete the work involved as soon as possible
and shall immediately repair all pavements, gutters and sidewalks in as good
condition as before the opening and as may be directed by the Village Board.
Before a permit is issued, the person to whom the permit is to be issued shall
post either an obstruction deposit in an amount as set by resolution of the
Village Board from time to time or a performance bond for a three-year period
to warranty the proper completion of the restoration work. All deposits shall
be refunded, less the cost of any additional inspections or other restoration
costs incurred by the Village, upon satisfactory completion of the work.
[Amended 7-8-2003 by Ord. No. 03-14]
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way 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 the premises of which he or she is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to a building which project
no more than six feet from the face of such building and which do not extend
below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings which do no extend below any point seven feet
above the sidewalk, street or alley.
(3)
Public utility encroachments duly authorized by state
law or by the Village Board.
(4)
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.
(5)
Racks or platforms for the display of merchandise at
least 18 inches above the sidewalk and extending not more than 24 inches from
the building to which attached.
(6)
Merchandise displays are permitted for a period of up to 48 hours,
provided that a clear path of at least five feet in width must be maintained
at all times.
[Added 12-10-2002 by Ord. No. 02-16[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection B(6) as Subsection B(7).
(7)
Building materials, for the period authorized by the
Village Board, which shall not obstruct more than 1/2 of the sidewalk or more
than 1/3 of the traveled portion of the street and which do not interfere
with flow in the gutters.
C.
Conditional obstruction permits. Benches, tables, chairs and
other fixtures may be placed on sidewalks, subject approval by the Village
Board.
[Added 12-10-2002 by Ord. No. 02-16]
(1)
A plan indicating the location of all the furniture and fixtures
be submitted to the Village Board with the application for a conditional obstruction
permit.
(2)
The approval shall be granted for a period of one year and is
renewable for additional one-year periods.
(3)
A clear path of at least five feet in width must be maintained
at all times.
(4)
The conditional use may be revoked by the Board at any time for
the failure to maintain clear passage or failure to maintain the obstructed
sidewalk area.
No owner or occupant shall allow the sidewalk abutting on his or her
premises to be littered with rubbish or dirt. If such owner or occupant shall
refuse or fail to remove any such rubbish or dirt when notified to do so by
the Village Board, the Board may cause the same to be done and report the
cost thereof to the Village Clerk, who shall spread the cost on the tax roll
as a special tax against the premises, or such cost may be recovered in an
action against the owner or occupant.
[Amended 1-13-2004 by Ord. No. 04-01]
A.
The owner, occupant, or person in charge of each and
every building, structure, or unoccupied lot in the Village fronting or abutting
any street shall clean, or cause to be cleaned, the sidewalk in front of or
adjoining each such building, structure or lot of snow or ice to the width
of such sidewalk within 24 hours after the cessation of a snowfall. If ice
has so formed that it cannot be removed, the owner or occupant shall keep
the same sprinkled with ashes, salt, sawdust or sand.
B.
No person or persons owning or leasing any private or
commercial property shall clear their property, including parking areas, lots
and driveways, but except sidewalks, of accumulated snow, ice or other debris
onto any Village street or other Village property. Snow shall not be piled
at or near intersections so as to obstruct the view of pedestrians or operators
of motor vehicles.
C.
The deposit of snow or ice upon any sidewalk, alley or street
of the Village contrary to the provisions of this section shall be and is
declared to be a nuisance and, in addition to the penalty provided for violation
of this section, the Village Administrator or designee may cause any snow
or deposited to be removed and cause the cost of said removal to be charged
to the owner of the property from which said snow or ice has been removed.
If not paid within 30 days, the cost of the removal shall be added to the
tax roll as a special tax or recovered in an action against the owner or occupant.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
[Added 2-14-2006 by Ord. No. 06-04]
For the safety of the general public, the Village of Osceola shall determine
the location, size, construction, and number of access points to public streets
within the Village limits. It is the Village's intent to provide safe
access to properties abutting public streets suitable for the property to
be developed to its highest and best use, provided that access is not deficient
or dangerous to the general public.
No person shall construct or maintain any driveway across any sidewalk
or curbing without first obtaining a driveway permit from the Director of
Public Works. A driveway permit is not required when a new driveway is to
be constructed in conjunction with the construction of a new principal structure,
provided the driveway is included in the building or site plan permit process
in such cases.
Application for such permit shall be made to the Director of Public
Works on a form provided by the Village and shall be accompanied by a drawing
accurately depicting the portion of the proposed private driveway to be constructed,
reconstructed, altered or enlarged lying within the dedicated portion of the
public street, the dimensions thereof and a statement of the materials proposed
to be used. The fee for such permit shall be as set by resolution of the Village
Board. Upon receipt of the application and the fee if required, the Director
of Public Works shall approve such application if the proposed driveway complies
with the terms and conditions of this article and any other applicable Village
ordinance.
All driveway permit applications shall contain the applicant's
statement that:
A.
The applicant represents all persons with an ownership
interest in the property and identifies that the proposed driveway is for
the bona fide purpose of securing access to the property only and shall not
be used for the purpose of parking or servicing motor vehicles, nor for advertising
or merchandising of any goods or materials within the right-of-way of the
Village street, or for any other or further purposes.
B.
The Village, notwithstanding the construction of such
driveway, reserves the right to make any changes, additions, repairs, or relocations
within the dedicated portion of the Village right-of-way at any time, including
relocation, reconstruction, widening and maintaining the street or sidewalk,
without compensating the owner of such private driveway for the damage or
destruction of such private roadway.
C.
The permittee, his successors or assigns agrees to indemnify
and hold harmless the Village of Osceola and its officials, officers, agents
or employees against any claim or any cause of action for personal injury
or property damage sustained by reason of the exercise of such permit.
D.
The Village does not assume any responsibility for the
removal or clearance of snow, ice or sleet or the opening of any windrows
of such material upon such portion of such driveway within the dedicated portion
of the Village street.
The location, design, and construction of driveways shall be in accordance
with the following:
A.
Design. Private driveways shall be of such width and
so located that they are situated in their entirety within the limits of the
frontage of the property to which they are appurtenant. No driveway shall
be constructed in such a manner as to provide direct ingress or egress to
or from any street intersection area, nor shall any driveway encroach upon
or occupy any area of any street right-of-way required for effective traffic
control, nor interfere with the sight lines pertaining to street signs or
signals, as determined by the Director of Public Works in accord with Village
ordinance and the Wisconsin Rules of the Road. A driveway shall be located
and constructed so that vehicles approaching or using it shall have adequate
sight distance along the street. Driveway approaches shall be at least 10
feet apart except by special permission from the Village Board, and driveways
shall in all cases be placed wherever possible so as not to interfere with
utilities in place. The Village Board may permit a driveway at an existing
T-intersection (an intersection of a through street and a side street terminating
at its intersection with the through street) where the driveway will be located
directly across from the side street.
B.
Number. There shall be no more than one driveway per
property fronting on a public street unless the Director of Public Works deems
an additional driveway to be both reasonably necessary for adequate ingress
and egress to and from the property and, additionally, that authorizing such
additional driveway shall not interfere with the safety and convenience of
the traveling public making use of the street in question, nor interfere with
the utility of the street for traffic flow purposes.
C.
Island area. The island area is defined as the street right-of-way between successive driveways or adjoining a driveway and between the street shoulder or curb and the right-of-way. The island area shall constitute a restricted area and may be filled in and graded only as provided in Subsection F of this section.
D.
Drainage. The surface of the driveway connecting with
rural-type street cross sections shall slope downward and away from the street
shoulder a sufficient distance to preclude ordinary surface water drainage
flowing onto the street roadbed.
E.
Reconstruction of sidewalks or curb and gutter. When
the construction of a driveway requires the removal of a curb or gutter, the
property owner shall obtain a street opening permit. New connections shall
be of equivalent acceptable material, and curb returns shall be provided or
restored in a neat, workmanlike manner. The driveway surface shall be connected
with the street pavement and the sidewalk, if any, in a neat, workmanlike
manner. The driveway construction shall include the replacement of such sidewalk
areas which are inadequate or which are or may be damaged by means of vehicle
travel across the sidewalk.
F.
Restricted areas. The restricted area between successive
driveways may be filled in and graded only when the following requirements
are complied with:
(1)
The filling or draining shall be to grades approved by
the Village and, except where street drainage is by means of curb and gutter,
water drainage of the area shall be directed away from the street roadbed
in a suitable manner.
(2)
Culvert extensions under the restricted area shall be
of the same size and of equivalent acceptable material as the culvert under
the driveway. Intermediate manholes adequate for cleanout purposes may be
required where the total culvert length is excessive.
G.
Restriction of street access limited to established driveway. In the case of each property with frontage upon a public street in the Village, use may be made only of the driveways as have been permitted by the Village in accord with Subsection B, above. No portion of the frontage of such a lot which lies outside of the established location of the driveway or driveways shall be used for ingress to and egress from the property to the adjoining street.
H.
Relocation of utilities. Before a property owner may
construct a driveway across any portion of the right-of-way to connect with
the public street therein, adequate financial arrangements shall be made and
shall be approved of by the Village Administrator as and for the temporary
or permanent relocation of any affected public or private utilities constructed
and maintained within said right-of-way. Any costs of relocating public utilities
shall be the responsibility of the property owner.
I.
Construction across sidewalks. All driveway entrances
and approaches, which are constructed across sidewalks, shall be of concrete
constructed in accordance with the Village standards for sidewalk construction.
J.
Variances. The Village Board may vary any of the requirements
for driveways set forth in this section but only under the following physical
circumstances: where the topography of the property or the design of the street
within the right-of-way makes compliance with one or more of the requirements
impossible or impractical.
The following regulations are applicable to driveways serving commercial
or industrial establishments:
A.
Width of drive. No part of a driveway located within
the dedicated area of a public street shall, except as hereinafter provided,
have a width greater than 30 feet measured at right angles to the center line
of the property line, except that in cases of a driveway which connects at
other than a ninety-degree angle with the adjoining street, the driveway shall
not exceed 30 feet in width at any location within the right-of-way. In instances
where the nature of the commercial or industrial activity or the physical
characteristics of the land would require a driveway of greater width than
herein specified, the Village Board may permit a driveway of additional width,
provided the Board determines that there is adequate protection for the general
public utilizing sidewalks or trails within the right-of-way.
B.
Angular placement of driveway. The angle between the
center line of the driveway and the curbline shall not be less than 45°.
C.
Island areas. Where the public sidewalk is adjacent to
the curb, an island of a minimum length of six feet measured along the curbline
shall be placed between each entrance to a Village street. The curb shall
be left intact for the length of this island. Where the public sidewalk is
remote from the curb, an island of a minimum length of 10 feet measured along
the right-of-way line shall be maintained along each entrance to the Village
street. All flares shall be tangent to the curb line. A curb length of not
less than three feet shall be left undisturbed adjacent to each property line
to serve as an island area in the event an adjoining property owner applies
for a driveway permit to serve his property.
The following regulations are applicable to driveways serving residential
property:
A.
Width of driveways. Openings for vehicular ingress and
egress shall be at least 10 feet wide at the property line for residential
properties but shall not exceed 24 feet at the property line and 30 feet at
the curb opening.
B.
Angular placement. The center line of the drive may be
parallel to the property line of the lot where access is required or at right
angles to the curbline.
A.
No person, firm or corporation shall place, construct
or locate, or cause to be placed, constructed or located, any obstruction
or structure within the limits of any public road, street or street in the
Village of Osceola except as permitted by this chapter. As used herein the
word "structure" includes a private driveway a portion of which extends into
any public street and which is in nonconformance with this chapter.
B.
The grade of that portion of any private driveway or
pedestrian path located within the limits of any public street shall be such
as shall meet the grade of the existing public street at its edge and not
cause an obstruction to the maintenance or clearing of such public roadway.
C.
No driveway apron shall extend out into the street further
than the facing of the curb, and under no circumstances shall such driveway
apron extend into any gutter area.
D.
All driveway entrances and approaches shall be constructed
so as not to interfere with the drainage of streets, side ditches, or roadside
areas or with any existing structure on the right-of-way. When required by
the Director of Public Works to provide for adequate surface water drainage
along the street, the property owner shall provide any necessary culvert pipe
at his or her own expense.
E.
No portion of any curb, parapet, or retaining wall, rising
above the grade of the driveway, erected by the owner of the property involved,
shall extend beyond the culvert spanning the watercourse located in such public
way.
A.
Nonconforming driveways. Permanent-surfaced driveways,
which do not conform to the Village Code as of February 14, 2006, may be rebuilt,
reconstructed, or replaced in the same manner, fashion, and location as before
unless the location of said driveway is within a street intersection area
or poses a significant public safety hazard. If a requested building permit
is denied due to the presence of such a public safety hazard, the applicant
may appeal the decision in writing to the Village Board. For the purpose of
this subsection, a permanent surface shall mean bituminous, concrete or brick.
Driveways that do not conform to the requirements of the Village Code may
not be replaced or reconstructed without bringing them into compliance. (Minor
maintenance and alterations may be permitted.) Driveways which cannot be brought
into compliance without undue hardship, as determined by the Director of Public
Works, may be improved, replaced or rebuilt; however, in no case shall the
extent of the nonconformity increase as a result. If a requested permit is
denied due to noncompliance, the property owner may appeal the decision in
writing to the Village Board. The Village Board may vary any of the requirements
for driveways set forth in this section but only under the following physical
circumstances: where the topography of the property or the design of the street
within the right-of-way makes compliance with one or more of the requirements
impossible or impractical.
B.
Nonconforming curb cuts. Curb cuts in existence as of
February 14, 2006 that do not conform to this subsection may remain in existence
unless deemed by the Director of Public Works to be a danger or public safety
hazard. Notices to abandon a curb cut may be appealed in writing to the Village
Board. In conjunction with street improvement projects or in conjunction with
individual driveway replacement projects, nonconforming curb cuts shall be
made conforming to whatever extent practicable. If, in the opinion of the
Director of Public Works, a nonconforming curb cut cannot be made conforming
without undue hardship or disruption to the property, the curb cut may remain
in existence, unchanged. Decisions regarding curb cuts may be appealed in
writing to the Village Board. The Village Board may vary any of the requirements
for driveways set forth in this section but only under the following physical
circumstances: where the topography of the property or the design of the street
within the right-of-way makes compliance with one or more of the requirements
impossible or impractical.
A.
Size. Culverts shall be installed prior to construction
work being commenced on the property served. No pipe smaller than 12 inches
in diameter (or equivalent elliptical or arch pipe) will be allowed. All culverts
shall be constructed of HDPE, C900 (smooth inside, corrugated outside), or
reinforced concrete and shall be of new manufacture, unless specifically excepted
by the Director of Public Works.
B.
Gauge.
(1)
The minimum wall thickness for the HDPE or C900 pipe
culverts shall be in accordance with the following:
|
Pipe Diameter
(inches)
|
Wall Thickness
(gauge)
| |
|---|---|---|
|
15 to 24
|
16
| |
|
30 to 36
|
14
| |
|
42 to 54
|
12
| |
|
60 to 72
|
10
| |
|
78 to 84
|
8
|
(2)
The class of reinforced concrete pipe shall be in accordance
with the following:
|
Height of Cover
(feet)
|
Class of Pipe
| |
|---|---|---|
|
0 to 2
|
IV
| |
|
Over 2 to 3
|
III
| |
|
Over 3 to 6
|
II
|
C.
Drainage. The culverts shall be placed in the ditch line
at elevations that will assure proper drainage unless installed pursuant to
an approved plan to provide for stormwater infiltration.
D.
Endwalls. Culverts shall be provided with concrete or
metal apron endwalls.
E.
Backfill material. Material used for backfill shall be
free from frozen lumps, wood, or other extraneous or perishable materials.
The minimum cover, measured from the top of the pipe to the top of the subgrade,
shall be six inches.
F.
Erosion control. Measures shall be implemented as necessary
to control erosion pursuant to Village ordinance.
G.
Distance. The distance between culverts under successive
driveways shall not be less than 10 feet.
H.
Cost. The property owner shall install the culvert and
be responsible for the cost thereof. The property owner shall keep the culvert
unobstructed and clean.
I.
Appeals. Persons may request a variance from the culvert
requirements of this section by filing a written appeals request with the
Village Administrator, who shall place the matter as an agenda item for the
Village Board within 45 days of receipt. The Village Board may only waive
the requirement for a culvert upon a finding that unique physical characteristics
of the location in question render a culvert unnecessary.
All driveways which cross existing or to be constructed sidewalks shall,
at the minimum, where they cross the sidewalk, be paved in concrete in accord
with Village construction standards and specifications.
That portion of a preexisting driveway which does not conform with the requirements of § 186-12 shall be rebuilt by the Village to meet the standards of said section at such time as the adjoining street is reconstructed. The cost of said reconstruction shall be denominated as a current service and shall be assessed against the property as a special charge under § 66.0627, Wis. Stats. Curb replacement costs shall be borne by the Village.
Any person feeling himself aggrieved by the refusal of the Director
of Public Works to issue a permit for a private driveway may appeal such refusal
to the Village Board within 20 days after such refusal to issue such permit
is made.
Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be subject to a penalty as provided in § 1-19 of this Code.
The following definitions shall control interpretation and application of Article II of Chapter 186:
Any property or structure on a property used for any purpose permitted
or conditionally permitted on property subject to the Village Zoning Code,
except for residential uses.
The aperture between segments of a curb along one side of a street
through which a driveway is projected to meet with the street.
The entire length of the property line along the adjoining street.
A legally described lot or parcel of real estate, of record with
the Polk County Register of Deeds.
The right-of-way line between a street and an adjoining property.
In the case of plats or certified survey maps, said line shall be as is designated
on the recorded map. In the case of other streets, it shall be presumed that
the right-of-way shall be 66 feet in width, or 33 feet on either side of the
center line.
A street maintained, operated, and repaired by the Village for public
travel purposes, whether created by deed, dedication, or prescription.
Shall consist of a distance of 15 feet of a crosswalk or the extension
of the right-of-way line of an intersecting street.
Driveways immediately adjoining one another on the same side of a
given street.
