Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 74
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Cross References: Buildings and building regulations, ch. 18; special assessments, ch. 70; parades, § 82-351 et seq.fn>
Sec. 74-1. Construction specifications.
Sec. 74-2. Street and sidewalk grades.
Sec. 74-3. Sidewalk construction and repair.
Sec. 74-5. Street and sidewalk excavations and openings.
Sec. 74-6. Obstructions and encroachments.
Sec. 74-7. Snow and ice removal.
Sec. 74-8. Tree trimming and sanitation.
Sec. 74-1. Construction specifications.
Construction specifications for streets, sewers and water mains are on file in the building inspector's office.
Sec. 74-2. Street and sidewalk grades.
(a) Establishment.i> The grade of all streets, alleys and sidewalks shall be established by resolution by the village board and such resolution shall be recorded by the village clerk. No street, alley or sidewalk shall be worked until the grade thereof is established.
(b) Alteration of grade.i> No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the village by any means whatsoever unless authorized or instructed to do so by the village board, village engineer, or the village building inspector. All such alterations of grade shall be recorded by the office of the village clerk.
(Code 1966, § 6.01)
State Law References: Authority regarding streets generally, W.S.A., § 61.34; sidewalks, W.S.A., § 66.615.
Sec. 74-3. Sidewalk construction and repair.
(a) Owner to construct.i> It shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the village and to pay the entire cost thereof. Whenever the village board shall by resolution determine that a sidewalk shall be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the village, it shall proceed according to W.S.A., § 66.615. Upon the construction or reconstruction of any streets in the village, which includes curb and gutter installation, except as otherwise provided in the zoning ordinance of the village, shall include sidewalks as a part of such construction or reconstruction, and the costs thereof shall be assessed according to the provisions of chapter 70 of this Code. This section shall not apply to resurfacing projects.
(b) Permit required.i> No person shall hereafter lay, remove, replace or repair any public sidewalk within the village unless he is under contract with the village to do such work or has obtained a permit therefor from the village building inspector at least seven days before work is proposed to be undertaken. Applicable fees shall be charged for such permits.
(c) Specifications.i> All sidewalks within the village shall hereafter be repaired, rebuilt and constructed in accordance with the following specifications.
(1) Subgrade.i> The subgrade shall be prepared by excavating to the line, grade and cross section as established by the village board. Soft and unsuitable material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. When so specified by the building inspector, a subbase of sand, sand and gravel or other approved porous material shall be placed under the sidewalk. On embankments the subgrade shall extend at least one foot beyond each edge of the sidewalk.
(2) Materials.i> All sidewalks shall be of air entrained concrete composed of six bags per cubic yard of one course construction, and built to the established line and grade. Gravel shall be of good quality and washed. Concrete shall be mixed thoroughly for a minimum of one minute after all materials have been placed in the mixer.
(3) Forms.i> Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Wood forms shall be surfaced plank of at least two inches thickness, except for sharply curved sections. Metal forms shall be of approved section. The forms shall be the full depth of the required walk and shall be of such design as to permit secure fastening. Forms shall be thoroughly cleaned and oiled before the concrete is placed against them. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall be struck off level with the top of the forms and finished with wooden flats. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of one-quarter inch per foot of width of sidewalk. All joints and edges shall be finished with a one-quarter-inch radius edging tool.
(4) Residential walks.i> Residential walks shall be four feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width on the effective date of the ordinance from which this section derives. Sidewalks in front of commercial or industrial establishments shall not be less than eight feet in width and five inches in thickness, except within driveway approaches where the minimum thickness shall be seven inches.
(5) Finishing.i> Before the last finish has set, the sidewalk shall be steel troweled and brushed in the transverse direction. Before final finishing, the surface shall be checked with a ten-foot straight edge, and any areas departing more than one-eighth inch from the testing edge shall be corrected by adding or removing concrete while the concrete in the walk is still elastic.
(6) Jointing.i> Transverse, full depth, one-half-inch thick expansion joints of premolded expansion material shall be located every 40 feet and at the property line, and where the walk intersects with another walk, curbline, building or driveway approach, and at buildings, walls, poles and stop boxes. The expansion joint material shall be placed in a neat and workmanlike manner with its upper edge slightly below the finished sidewalk surface. Dummy groove joints for controlled cracking, at least one inch in thickness and 5/16 inch in depth, shall be placed at intervals of approximately five feet. Steel division plates shall be placed at right angles to the centerline of the sidewalk at intervals of not less than 15 feet. All joints shall be at right angles to the direction and grade of the walk. Diagonal joints may be used only when approved by the village building inspector.
(7) Curing and drying.i> As soon as any of the concrete work mentioned before in this section has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the impervious coating, wet fabric or paper methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Specs. C156-44T, "Method of Test for Efficiency of Materials for Curing Concrete" shall be used. Such specifications are hereby adopted by reference as if fully set forth in this subsection. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather below 50 degrees Fahrenheit for 96 hours. No concrete shall be poured when the temperature may be expected to fall below 35 degrees Fahrenheit in any 72-hour period or upon frozen subgrade.
(Code 1966, § 6.02)
Sec. 74-4. Driveways.
(a) Village approval required.i> No person shall construct or maintain any driveway across any sidewalk or curbing without first obtaining a driveway permit from the village building inspector.
(b) Specifications for driveway construction.i> Specifications for driveway construction are as follows:
(1) Width.i> For width specifications see section 9.44 of the villages zoning ordinance.
(2) Interference with intersections.i> At street intersections a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the village for effective traffic control or for highway signs or signals.
(3) Interference with street.i> No driveway apron shall extend out into the street further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so constructed that they shall not 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 building inspector to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense.
(4) Number of approaches limited.i> No more than one driveway entrance and approach shall be constructed for any lot or premises except where deemed necessary and feasible without undue impairment of safety, convenience and utility of the street by the village building inspector. Any two approaches shall be at least ten feet apart.
(5) Workmanship and materials.i> All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in section 74-3(c) insofar as such requirements are applicable, including thickness requirements in section 74-3(c)(3).
(6) Permittee liable for damage or injury.i> The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When the curb or gutter is removed, the new connection shall be of equivalent acceptable material, and the curb returns shall be provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat workmanlike manner. Any sidewalk areas which are damaged or inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of section 74-3(c).
(Code 1966, § 6.03)
Sec. 74-5. Street and sidewalk excavations and openings.
(a) Permit required.i> No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the village without first obtaining a permit therefor from the village building inspector.
(b) Fee.i> The fee for a street opening permit shall be as provided in art. IV of ch. 18.
(c) Bond.i> Before a permit for excavating or opening any street or public way may be issued, the applicant must execute and deposit with the village clerk an indemnity bond, approved by the village president, in the sum of $25,000.00, conditioned that he will indemnify and save harmless the village and its officers from all liability for accidents and damage caused by any of the work covered by his permit; that he will fill up and place in good and safe condition all excavations and openings made in the street; that he will replace and restore the pavement over any opening he may make as near as possible to the state and condition in which he found it; that he shall keep and maintain the street or public way in such condition, normal wear and tear excepted, to the satisfaction of the village building inspector for a period of one year; that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the village board; and that he will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the village. Such bond shall also guarantee that if the village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. As an alternative to the requirements of this subsection, an annual bond may be given under this section covering all excavation work to be done by the principal for one year beginning January 1, which shall be conditioned as specified in this subsection and in the amount determined by the village board as necessary to adequately protect the public and the village.
(d) Insurance.i> In lieu of the provisions of subsection (3) of this section, prior to commencement of excavation work, a permittee shall furnish the village building inspector satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation, public liability insurance of not less than $100,000.00 for one person, $300,000.00 for one accident and property damage insurance of not less than $50,000.00. If the permittee is making more than one excavation at any one time, the insurance coverage required is doubled.
(e) Regulations governing street and sidewalk openings.i> Regulations governing street and sidewalk openings are as follows:
(1) Frozen ground.i> No opening in the streets or sidewalks for any purpose shall be permitted when the ground is frozen, except where necessary as determined by the director of public works or village building inspector.
(2) Removal of paving.i> In opening any street or other public way, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing material and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
(3) Protection of public.i> Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the village. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Red lights or torch lamps shall be kept burning from sunset to sunrise, one red light or torch lamp to be placed at each end of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the director of public works, no trench shall be excavated more than 250 feet in advance of pipelaying, nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the village in defending any action brought against it for damages, as well as cost of any appeal that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
(4) Replacing street surface.i> In opening any street or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which, in the opinion of the director of public works or village building inspector, is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth, and each layer tamped or flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The village may elect to have the village make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.
(f) Excavation in new streets.i> Whenever the village board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work or improvement or repaving shall begin. Immediately after such determination by the village board, the village clerk's office shall notify in writing each person, utility, village department or other agency owning or controlling any sewer, water main, conduit or other utility in or under the street or any real property abutting the street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate the street for a period of five years after the date of improvement or repaving unless, in the opinion of the director of public works, an emergency exists which makes it absolutely essential that the permit be issued.
(g) Emergency excavations authorized.i> In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any street and his agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit; provided, however, that such person shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit under this section.
(h) Village work excluded.i> The provisions of this section shall not apply to excavation work under this direction of the director of public works by village employees or contractors performing work under contract with the village necessitating openings or excavations in village streets.
(i) Highways closed to travel; penalties for unlawful use.i> Whenever any highway is impassable or unsafe for travel or during the construction or repair of any highway, and until it is ready for traffic, the authorities in charge of the maintenance or construction thereof may keep it closed by maintaining barriers at each end of the closed portion. The barriers shall be of such material and construction and so placed as to indicate that the highway is closed and shall be lighted at night. Any person who, without lawful authority, removes, takes down, alters the position of, destroys, passes over or beyond any barrier so erected, or travels with any vehicle upon any portion of a highway closed by barriers as provided in this section, or walks or travels in any manner upon the materials placed thereon as part of the repair or construction work, shall be liable to a fine of not less than $10.00 nor more than $100.00, or to imprisonment not less than ten nor more than 60 days, on failure to pay, and in addition thereto shall be liable for all damages done to the highway, such damages to be recovered by the village.
(j) Temporary roads.i> Temporary roads within the village are prohibited, and no new construction will be allowed to begin on buildings until a proper road is installed. A proper road is defined as one which contains:
(1) Square backed curbs.
(2) Sidewalks.
(3) A binder coat of asphalt (first coat).
(4) Bond obtained by the developer to cover the cost of the final asphalt coat, which would be applied no sooner than one year following the first coat and only upon the village's approval.
(Code 1966, § 6.04; Ord. No. 511, § I, 10-6-92)
Sec. 74-6. Obstructions and encroachments.
(a) Prohibited.i> 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 is the owner or occupant, except as provided in subsection (b) of this section.
(b) Exceptions.i> The prohibitions of subsection (a) of this section shall not apply to the following:
(1) Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(2) Public utility encroachments duly authorized by state law or the village board.
(3) Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.
(4) Temporary encroachments or obstructions authorized by permit under subsection (c) of this section.
(5) Excavations and openings permitted under section 74-5.
(c) Street privilege permit.i> A street privilege permit may be issued according to the following conditions:
(1) Required.i> Permits for the use of the streets, alleys, sidewalks or other public ways or places of the village may be granted to applicants by the village building inspector or director of public works for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by chapter 18.
(2) Bond.i> No street privilege permit shall be issued until the applicant shall execute and file with the village clerk a bond in an amount determined by the village building inspector, conditioned that the applicant will indemnify and save harmless the village from all liability for accidents or damage caused by reason of operations under such permit, will remove such encumbrance upon termination of the operations, will leave the vacated premises in a clean and sanitary condition, and repair any and all damage to the streets, alleys, sidewalks or public property of the village resulting from such building or moving operations.
(3) Fee.i> The fee for a street privilege permit shall be $10.00.
(4) Conditions of occupancy.i> The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the village building inspector for violation thereof:
a. Such temporary obstruction shall cover not more than one-third of any street or alley.
b. Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.
c. Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.
d. The process of moving any building or structure shall be as continuous as practicable until completed, and if ordered by the director of public works, shall continue during all hours of the day and night.
e. No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.
f. Buildings shall be moved only in accordance with the route prescribed by the director of public works or village building inspector.
g. Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.
(5) Termination.i> All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the director of public works or village building inspector.
(d) Removal by village.i> In addition to any other penalty imposed, if the owner or occupant of the premises adjoining an unlawfully obstructed sidewalk shall refuse or neglect to remove such obstruction within 24 hours after notice from the village building inspector to do so, it shall be the duty of the director of public works to remove such obstruction and make return of the cost and expense thereof to the village clerk who shall enter such cost on the next annual tax roll as a special charge against the property abutting each obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.
(Code 1966, § 6.05)
State Law References: Privileges in streets generally, W.S.A., § 66.045; special assessments and charges generally, W.S.A., § 66.60; lien of special assessments generally, W.S.A., § 66.604.
Sec. 74-7. Snow and ice removal.
The owner, occupant or person in charge of each and every building or 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 home, building or unoccupied lot, as the case may be, of snow or ice to the width of such sidewalk within ten hours after snowfall ceases and shall cause the sidewalk to be kept clear from ice and snow, provided that when the ice has formed on any sidewalk so that it cannot be immediately removed, such persons shall keep the sidewalk sprinkled with sand or salt.
(Code 1966, § 6.06)
State Law References: Charges for snow removal generally, W.S.A., § 66.60(16).
Sec. 74-8. Tree trimming and sanitation.
(a) Trees to be kept trimmed.i> Trees standing in and upon any public street or place, or upon any lot or land adjacent thereto, shall be pruned and trimmed by the owners or occupants of the property on or in front of which such trees are growing so the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet and a clearance of not less than ten feet over any other public place and so that no dead, broken or otherwise hazardous branches shall be likely to fall and do injury to the public. Any tree not trimmed as provided in this section shall be deemed hazardous.
(b) Hazardous and infected trees.i> Any tree or part thereof, which the village forester shall find to be infected, hazardous, or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the village, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The village forester shall give written notice to the owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days, as determined by the village forester on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim the tree within the time limit, the village forester shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the village clerk who shall thereupon enter such cost as a special charge against the property.
(c) Cottonwood and Box Elder trees.i> No person shall plant or maintain within the village any female tree of the species Populus Deltoides,i> commonly called the Cottonwood, or any tree commonly called the seed-bearing Box Elder or Acer Negundo,i> which may now or hereafter become infested with box elder bugs. Such trees are hereby declared a nuisance. Any person having any such trees on his premises shall cause the same to be removed. If any owner shall fail to remove any such tree within 30 days after receiving written notice from the village forester, the forester shall cause the removal of such tree and report the full cost thereof to the village clerk who shall place such charge upon the next tax roll as a special charge against the premises.
(d) Planting of certain trees restricted.i> No person shall hereafter plant any Catalpa, Chinese Elm, White Poplar, Lombardy Poplar, or any fruit or nut tree in or upon any public street, parkway, boulevard or other public place within the village unless he shall first secure written permission from the village forester, who shall not approve any such planting if, in his opinion, such tree will constitute a nuisance to the public or adjoining property owners or interfere with the safety of the public or the operation of any sewer or water system. The director of public works shall cause the removal of any tree planted in violation of this subsection.
(e) Dutch elm disease control.i> Trees with Dutch elm disease shall be controlled as follows:
(1) The village forester is hereby empowered to enter upon private property within the village for the purpose of inspecting all elm trees thereon, to determine whether any of such trees are infected with Dutch elm disease, or infested with the carriers thereof, or are in need of pruning to remove all the dead branches. He is further empowered to inspect such private premises to determine the presence of any dead trees, elm or otherwise, logs, or firewood or stumps.
(2) If, after the inspection of any premises within the corporate limits of the village by the village forester wherein any infected, infested, or dead elm tree or any part thereof, stumps, branches, logs or firewood exist, he shall give notice in writing to the owner, or if the owner cannot be found, to the person in charge of or in possession of the premises:
a. Thirty days to remove and destroy any infected or infested tree or part thereof upon verification to the village forester by a state or county agent of the existence of Dutch elm disease;
b. Thirty days to remove all dead trees or parts thereof. In the case of elm stumps, such forester shall direct the owner to treat the disease-carrying medium or to remove the same whenever possible;
c. The village forester is herewith empowered, after expiration of such notice and noncompliance therewith, to remove from such premises and destroy any infested, infected or dead elm tree or parts thereof, and in the case of stumps, to treat the stumps so as to destroy the disease-carrying medium, or to remove the stumps wherever possible. Such removal, destruction and treatment shall be at the expense of the owner of the land upon which such trees or parts thereof are located and shall be assessed, collected and enforced against such land as taxes are assessed, collected and enforced.
(Code 1966, § 6.07)
Cross References: Environment, ch. 34.