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9.01 Specifications
9.01 SPECIFICATIONS.
preliminary plat showing the proposed road layout and site topography for Plan Commission and Village Board approval. shall submit to the Village Engineer topographic maps and plan and profile drawings prepared by a registered engineer or surveyor and obtain approval of the established grades on all of the proposed roads prior to proceeding with any grading. Additional data (test holes, test hole logs, etc.), if deemed necessary by the Village Engineer, shall be supplied at no expense to the Village. plans and layout shall be submitted to the County Highway Department of State Division of Highways by the developer. At the same time, the developer shall apply to the appropriate agency for a construction permit. A copy of the issued permit and the construction conditions made a part thereof shall be given to the Village Clerk by the developer. Initial or final acceptance of the construction will not be given by the Village until the permit conditions are satisfied. Village Engineer’s approval at the time of the approval of the established grades and grading plans. Other provisions for handling surface water, such as deeper or wider ditches, storm sewer, etc., shall be determined by the Village Engineer and installed by the developer at his expense. Standard galvanized apron endwalls shall be installed by the developer at each end of all culverts with the minimum size of culverts being a No. 15 arch or fifteen (15) inch diameter. dedication width shall be sixty (60) feet between property lines. On permanent cul-de-sacs, a circular turnaround with a one hundred twenty (120) foot diameter right-of-way shall be provided and surfaced with a turnaround of at least ninety (90) feet in diameter centered within such right-of-way. On temporary dead-end roads, a tee-shaped turnaround shall be provided at the dead-end. The tee shall be surfaced to a twenty four (24) foot width and extend at least forty five (45) feet each side of the center line of the adjourning road. to provide the slopes shown on the typical cross-section. The center of the roadbed shall be located on the center of the lands dedicated for road purposes. commence and when checking of the sub-grade is desired. The sub-grade shall be graded within a tolerance of two (2) inches plus or minus. When excavation to sub-grade is complete, the developer's engineer shall inspect same and provide written certification of its compliance with the approved plans to the Village Board and Engineer. The Village Board and/or Engineer shall then inspect the sub-grade in order to approve same prior to the placement of surfacing material. for the full right-of-way width and replaced with suitable, sound fill materials placed and compacted to provide a firm sub-grade. Rock shall be excavated to a point at least twenty (20) inches below the finished grade of roads and eight (8) inches below ditch grades. Undrained pockets in the rock surface shall be drained prior to the placement of base material. expense with at least four (4) inches of 1-1/2 inch traffic bound limestone on top of which shall be placed four (4) inches of 3/4 inch crushed gravel or limestone, Division of Highways Gradation No.2. The surfacing material shall be placed in layers to the width shown on the typical cross-section and compacted by watering, rolling or other approved means to the satisfaction of the Village Board and/or Engineer. Greater depths of surfacing material may be required by the Village Engineer where sub-grade or traffic conditions warrant. his expense with two (2) inches of bituminous concrete surface curse, Division of Highways Gradation No.3, twenty four (24) feet wide as shown on the standard cross-section. No prime coat will be required prior to paving the right-of-way width of such streets shall be a minimum of sixty (60) feet. Greater right-of-way widths may be required if deemed necessary by the Village Board and Engineer. thickness of four (4) inches of topsoil, prepared, seeded or sodded, fertilized, mulched, and maintained for a sufficient period to provide adequate grass cover prior to acceptance by the Village Board. Erosion Control measures may be required by Waukesha County Park and Planning Commission. Village Board and Engineer, or Waukesha County Park and Planning Commission. separate acceptances as follows: the Village Board, as the Village Board may require, that all costs for construction have been or will be paid for by said developer. construction has been given. The proper size culvert and driveway between the road and right-of-way line shall be installed prior to the issuance of the building permit. by the Village Board, shall be obtained and placed by the Village, the cost of which shall be paid by the developer. developer until final acceptance is given. Proper barricades shall be furnished and placed by the developer or his contractor. terminated in temporary circular or tee-shaped turnarounds, it shall be the responsibility of the proposed development, at its expense, to connect to the existing road and obliterate the temporary turnaround as the Village Board and Engineer direct. ditches, etc, are restored following utility installation, the final responsibility for suitable restoration shall remain with the developer until final acceptance is given. easement. All such grading shall be approved by the Village Board prior to acceptance. The cost of such grading shall be paid by the subdivider. The drainage easement shall be topsoiled, seeded, or finished as directed by the Village Board. 2. REPEAL OF INCONSISTENT ORDINANCES. All ordinances or parts of ordinances contravening the terms or provisions of this ordinance are hereby to that extent repealed. paragraph, a section or other part of this ordinance should be decided by a court of competent jurisdiction to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provisions.
9.02 STREET OPENINGS alley or public place unless he shall first have secured a permit therefore from the Street Committee. a. For Other Than Public Utilities. To any person other than a public utility, upon application and payment of the fee of thirty ($30.00) dollars and upon showing that an emergency or need exists, the Street Committee may issue a permit to excavate or disturb the surface of any street, alley or public place between curb lines. The permit shall state the name of the applicant, the nature, purpose and extent of the excavation in disturbance of the street surface, the location thereof, and the kind or kinds of pavement to be disturbed, and the number of days for which the permit shall be good. public utility of the fee of One ($1.00) dollar, and upon showing that the Waukesha County Highway Department or the Wisconsin Highway Commission has granted prior approval, the Street Committee shall issue a permit to excavate or disturb the surface of any street, or public place between curb lines on County or State Trunk Highways. The permit shall state the name of the applicant, the nature, purpose and extent of the excavation or disturbance of the street surface the location thereof, and the kind or kinds of pavement to be disturbed and the number of days for which the permit shall be good. permit fee of One ($1.00) dollar and of the inspection fee of four ($4.00) dollars for each separate excavation and upon showing that an emergency or need exists, the Street Committee shall issue a permit to excavate or disturb the surface of Village street, alley or public place between curb lines; provide that if the excavation or disturbance of the surface to be made is not more than four (4) square feet and is for the purpose only of placing any post or pole, no fee shall be required. The permit shall state the name of the applicant, the nature, purpose and extend of the excavation or disturbance of the street surface, the location thereof, and the kinds or kind of pavement to be disturbed and the number of days for which the permit shall be good. The permit issued hereunder shall be issued upon the express condition that the licensee shall properly backfill such excavation, restore the pavement to its former condition and maintain such restored payment for a period of three (3) year from the date of such restoration. license or inspection fee shall forthwith transmit said money to the Village Clerk or Treasurer, who shall deposit it in the general funds of the Village. with such reasonable rules and requirements as may be laid down therefore by the Street Committee. must be removed with the least possible loss of surfacing material and such material, together with the excavated material from the trenches, or otherwise, must be placed where it will cause the least inconvenience to the public. All such materials must be so placed that they will permit free passage of water along the gutters or ditches, and the road or street must be at all times kept open for traffic. No more than the necessary mount of the trench may be dug. The back-filling must be puddled and the paving and ballast must be replaced in as nearly the original condition as possible, and to the satisfaction of the Street Committee. All excavations shall be adequately shored or braced to prevent the side walls from caving. When caving occurs, all the street surface thus disturbed must be restored in the same careful manner as though it were any excavation or trench. When any excavation is made in the graveled or paved surface of a road or street, and the shoulder thereof, the clay excavated must be removed and the excavation entirely back- filled with sand or gravel thoroughly wet and consolidated. Any tunnels dug in gravel roads or pavements shall be back-filled with concrete, subject to the approval of the Street Committee. licensee shall restore the pavement to its former condition and shall use new material in restoring the surface of the pavement. If such replacing of the surface shall be done at Village expense at a cost in excess of the fee for the permit, the licensee shall reimburse the Village for such extra cost. work progresses or immediately upon its completion. each opening which he may make in the roads, streets or public ways, with sufficient barriers. Red or yellow lights must be kept burning from sunset to sunrise, one red or yellow light to be placed at each end of openings in streets, and the other lights to be placed at intervals of ten (10) feet. All necessary precautions shall be taken to guard the public effectually from accident or damage to persons or property from the beginning to the end of the work. Persons making excavations will be held liable for all damages, including costs incurred by the Village and of any appeal thereon that may result from the neglect of servants, agents or employees of such person or owner, or the cost of any necessary precautions which such person or owner has failed to take to prevent injury or damage to persons, livestock, vehicles or property of any kind. Prior to the issuing of a permit hereunder, Street Committee shall require satisfactory evidence, in the form of certificates that the person applying for such permit carries public liability insurance in a solvent insurance company, licensed to do business in Wisconsin, in the sum of at least twenty five thousand ($25,000.00) for injury to one person, and fifty thousand ($50,000.00) for one accident, or a certificate of insurance from a plumbing association recognized by the Commission of Public Works.
9.03. DIGGING UP STREET. ETC WITHOUT PERMIT. No person shall injure or tear up any pavement, crosswalk, drain or sewer or any part thereof, or shall dig any hole, ditch or drain in any street or pavement without a permit.
9.04 INTERFERING WITH PUBLIC IMPROVEMENTS PROHIBITED. No person shall hinder or obstruct the making or repairing of any pavement or crosswalk which may be under construction under direction of the Village Board, nor shall hinder or obstruct any person employed by the Village Board or persons employed by them, in making or repairing any public improvement or in any work ordered by the Village Board.
9.05 GRADES. ground in the Village, unless authorized or directed so to do by the Village Board or Building Inspector. shall be ordered to be graded by filling, and any material shall be deposited on such street, sidewalk, alley or public ground for the purpose of raising the same to the grade ordered, all persons, contractors as well as others, so grading such streets, sidewalks, alleys or public ground and all other persons are prohibited from removing from such streets, sidewalks, alleys or public ground any such material placed there without written consent of the Building inspector.
9.06 PERMITS FOR SIDEWALK CONSTRUCTION OPENINGS, ETC. No person shall construct, excavate, open, remove or cut into any public sidewalk, or part or portion of any public sidewalk within the Village, unless authorized or directed so to do by the Village Board or Building Inspector. No fee shall be required for such authorization.
9.07 CULVERTS AT ACCESS POINTS TO PUBLIC ROADS. The purpose of this Ordinance is to promote the public health, safety and general welfare of the people of the Village of Big Bend. established from premises adjacent to the public road. b. Culverts shall be of corrugated metal construction of 16-gauge galvanized metal with end sections (apron end walls). The minimum length of the culvert shall be twenty (20) feet. The minimum diameter of the culvert shall be fifteen (15) inches. There shall be a minimum of six (6) inches of gravel on the top of the culvert and there shall be sufficient gravel on both sides of the culvert at the in-slope and the back-slope so as to achieve a uniform and level gravel surface. The location of the placement of the culvert, in relationship to the traveled part of the roadway, shall allow for a shoulder, between five (5) to six (6) feet in width, from the edge of the traveled part of the roadway to the in-slope of the culvert ditch, if the physical circumstances allow for such placement of the culvert. Culvert dimension shall be as determined by the Village Board of the Village of Big Bend, or the Village Board's designated agent, or the Village of Big Bend engineers. Culvert locations requiring a diameter of eighteen (18) inches and over shall require installation of an arch culvert. No part of the culvert, excluding the end sections, may be placed closer than five (5) feet from the boundary of lot line of the premises on which the culvert is installed. of damage, or prior to occupancy of improvements on the real estate served by the culvert, whichever occurs last, pursuant to the provisions of this ordinance. a. Installation of culverts, pursuant to Section 2a above, shall be by an independent contractor designated by the Village Board, or such other person as designated by the village Board. sections 2a and 2b above, shall be the obligation of the owner of the premises on which the culvert is installed. 3. Issuance of Building Permit. No building permit regarding improvements to the premises on which a culvert is required to be installed shall be issued by the Village of Big Bend unless a culvert is installed in accordance with the provisions of this Ordinance and the cost thereof paid in full. at such time as the Village Board or its designated agent shall determine that a culvert is needed at an access point at which no culvert existed on the effective date of this ordinance. This determination by the Village shall be made in light of the circumstances existing at the time of the making of the determination, and consideration shall be given to road work, ditching and other maintenance, repairs and improvements by the Village or other governmental agency. The provisions of sections 2a, 2b, 3a and 3b shall apply to the installation of a culvert at pre-existing access points at which no culvert exists on the effective date of this Ordinance. b. A culvert shall be installed at an access point existing on the effective date of this Ordinance, which culvert is collapsed, deteriorated, or in such condition so that it interferes with the use and maintenance of the public road. The owner of the property on which the culvert is required to be installed, may provide for the replacement of the existing culvert, pursuant to the specifications set out in section 2b above, by following the procedure set out in sections 3a and 3b above, or the owner may install a replacement culvert pursuant to Village specifications, Village sizing of culvert and inspection and approval by a designated agent of the Village. The owner shall provide the culvert and all materials required. The Village Board may direct, in the event Village employees are doing ditching or related road work at or near an access point at which a culvert existed on the effective date of this Ordinance, which culvert meets Village specifications as stated herein, that the Village employees may re-set or reinstall the existing culvert at Village c. Notwithstanding any other provision of this Ordinance to the contrary, in the event public highway and related public work necessitates removal, destruction, relocation or damage to culvert which is in serviceable condition, the Village Board of Big Bend may cause the culvert, or a substitute culvert, to be reset. The Village or the culvert owner may bear the entire expense thereof, or may share the expense, pursuant to agreement on equitable terms. Ordinance that a culvert be immediately installed at any particular location if the Village Board determines that the immediate installation of the culvert is not necessary for the promotion of the public health, safety and general welfare of the people of the Village of Big Bend, and of the safety and general welfare of the property of the Village of Big Bend. In the event the Village Board of the Village of Big Bend grants the foregoing waiver, the Board shall, as part of the waiver, direct the person responsible for the installation of the culvert to install the culvert pursuant to this Ordinance and, pursuant to the direction of the Village Board at such future time as stated in the written waiver or at such time as the Village Board directs. If the time of installation is not stated in the written waiver, the Village Board shall notify the person responsible for the installation of the culvert, in writing, of the time of installation when that is determined by the Village Board. The person to whom the waiver is granted shall inform a purchaser of the premises of the obligation to install a culvert in the future. It shall be the obligation of the person granted the waiver and of a purchaser of the premises to comply with the provisions of this section. Ordinance. It shall be unlawful to fail to comply with the provisions of this Ordinance, and it shall be unlawful to neglect, refuse or fail to obey the, lawful orders issued by the Village Board or its designated agents, pursuant to this ordinance. agent, the Village Board or its designated agent, shall notify the owner of the premises involved in writing by mail requiring a return receipt, or by personal delivery of the notice, as to the existence of the violation. The owner of the premises shall be allowed twenty (20) days from the date of the mailing of the notice to remedy the violation. If the violation is not remedied as herein set forth, section 8 shall apply. Any person, firm or corporation who fails to comply with the provisions of this ordinance or permits the use of any access point between a public road and adjacent premises, which access point does not comply with the provisions of this Ordinance, shall upon conviction thereof, forfeit ten ($10.00) dollars for each separate offense, together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (6) months. Each day that such violation is permitted to continue shall constitute a separate offense. The Court, upon conviction, may grant injunctive relief prohibiting the use of the access point which is the subject matter of the violation and for such other relief which may be just and equitable under the circumstances.
9.08. SPECIFICATIONS FOR CONSTRUCTION OF STREETS WITHIN THE VILLAGE OF BIG BEND. submitted to the Village Board for approval prior to proceeding with any road grading operations. roadbed of twenty four (24) feet. centerline of the land dedicated for road purposes, and the grade of said roadbed shall conform to the approved profiles. shall be provided and surfaced. the sub-grade of the street and replaced with suitable, sound fill materials. crushed gravel or stone. inch crushed gravel containing at least sixty five percent (65%) crushed stone. The Village Board may require additional gravel for the stabilizing of street in low drainage areas. per square yard, followed, after a minimum of twelve (12) hours, by an application of MC3 at .45 gallons per square yard. Limestone chips or pea gravel, either 3/8 inch maximum size shall then be spread on the applied surface at a minimum of twenty five (25) pounds per square yard. of street. than thirty (30) feet in length shall have no connecting bands. culvert, and each culvert installed shall have culvert posts at the edge of shoulder, said post being sixty (66) inches in length with forty (40) inches above ground. inches of compacted 3/4 inch crushed gravel. All culverts shall be back-filled with 3/4 inch compacted gravel for the entire length of the culvert and up to the sub-grade of the street or driveway which said culvert crosses. All backfill shall be leveled out and compacted. adequate period of time to provide sufficient grass cover prior to acceptance by the Village Board. responsibility of the owner. signs, mail boxes and light posts which are in the construction area. and to remove said excess material to site. 19. Slopes of driveways shall be no steeper than six (6) to one (1) starting at the edge of the shoulder, and the yard adjacent to the driveway shall be no steeper than four (4) to one (1). conform to the grades as indicated on the profile maps which have been approved. year after completion, and no streets shall be accepted by the Village Board between November 1st and April 1st.
9.09. SNOW AND ICE REMOVAL. or unoccupied lot in the Village fronting upon or abutting any street, shall clean the sidewalk in front of or adjoining such building, structure or lot of snow or ice to the width of such sidewalk within twenty four (24) hours after the end of a snowfall and cause the same to be kept clean of ice or snow; provided, that when ice has so formed on any sidewalk that it cannot be removed, then the persons herein referred to shall keep the same sprinkled with sand, salt or other suitable substances. cause snow to be plowed, shoveled or dumped from any sidewalk, driveway or parkway onto a public street or alley. structure, or occupied or unoccupied lot fronting upon or abutting any street shall fail to clean the sidewalks as provided in Subsection (1) hereof. The Village may proceed to clean the said sidewalks and shall keep an account of the actual cost of said snow and ice removal by the Village shall be charged against the property fronting upon or abutting such sidewalks by entering same on the tax of the Village and shall be collected in the same manner as all other Village real estate taxes.
9.10. KEEPING SIDEWALKS CLEAN. A. Inspection and Evaluation of Existing Sidewalks. sidewalks in the Village to identify defects.
2 The Village intends to implement an ongoing program for the repair and/or replacement of defective sidewalks. whether these sidewalks will be repaired or replaced. B. Sidewalks Which Require Repair and/or Replacement. the staff affect the sidewalk in such a manner so as to require the replacement or repair of that sidewalk. The Public Works Superintendent shall keep a written list of these defects on file. A current copy of this list entitled "Sidewalk Slab Defects Requiring Repair or Replacement" shall be attached to this policy when it is provided to homeowners or other members of the public. the public right of ways which exhibit defects of the type identified on the list entitled "Sidewalk Slab Defects Requiring Repair or Replacement" on file with the Public Works Superintendent are to be considered for repair or replacement. priority and to improve drainage defects. repair and/or replacement of existing sidewalks regardless of the cause of the defect including damage caused by street trees. or sawing to provide for proper grade and alignment of the new sidewalk. integrity of the tree as determined by the Public Works Superintendent, the tree will be scheduled for removal provided it is located within the public right-of-way. All costs for removal of street trees located within the public right-of-way will be paid for by the Village. The Village is not obligated to replace street trees that are removed under this section or are removed for any other reason or cause. future damage to the adjacent sidewalk caused by tree roots. If an abutting property owner requests that a street tree be removed, the Public Works Superintendent will evaluate the tree. If the Public Works Superintendent determines that the tree roots threaten future damage to the adjacent sidewalk, or if the tree requires removal for any other reason, the tree will be scheduled for removal by the Village, provided it is located within the public right- of-way. All costs for removal of street trees located within the public right-of-way will be paid for by the Village. The Village is not obligated to replace street trees that are removed under this section or are removed for any other reason or cause. limits of the public right-of-way. D. Guarantee for Sidewalk Replace Under Village Contract. Contract, it will be warranted by the contractor for three (3) years according to contract. Concrete will be stamped with year and contractor name. The Village's obligation under this guarantee shall not extend beyond replacing or repairing the replacement sidewalk. and the property owner is not responsible for the damage to the sidewalk. replacement as listed on the document entitle "Sidewalk Slab Defects Requiring Repair or Replacement" on file with the Public Works Superintendent. the sidewalk repair or replacement operations will not be repaired or replaced by the Village. following: owner incurred by the owner or Village for repair and/or replace of existing sidewalks. These include, but are not limited to, the following: removal, demolition, disposal, construction, restoration, engineering, inspection and County administrative costs. sidewalks extends to all sidewalks abutting the property, with no deduction for parcels with multiple frontages. the corner slab or the handicap ramp located at the intersection. private contractor. If the owner either chooses not to do the work or have it done by a private contractor, or the sidewalk is otherwise not repaired or replaced in a timely manner, the Village will perform the work as part of a municipal contract. sidewalks at any time, but no later than twenty (20) days after the date the Village services the Official Statutory Notice on the property owner to repair and/or replace the defective sidewalk. the permit, the property owner or the owner's designated contractor may repair and/or replace defective sidewalk in accordance with Village standards and specifications, and in accordance with the conditions of permit. Public Works Superintendent a Consent and Waiver on forms provided by the Village. This Consent and Waiver shall contain at least the following terms. constructed by/for the owner under the Permit does not conform to the requirements as specified in that permit the Superintendent shall give written notice to the owner that the sidewalk does not conform, and that the owner has twenty (20) days from the date of the notice to cure any problems identified in the notice. provided above, the Village will remove the nonconforming sidewalk/driveway at the owner's expense. be entered by the Village on the tax roll as a special charge or tax against the lot or parcel, and shall be collected in all respects like other taxes upon real estate. by the Village of Big Bend. defective sidewalk, the Village may cause such work to be done at the expense of the owner. Payment for such work shall be made in accordance with Section H of this policy. Sidewalk Repair and Replacement Program the Village to repair and/or replace defective sidewalk in front of each lot or parcel of land, whether the work is done by contract or otherwise. entire amount will be charged against the property as a special tax and will be collected in full like other taxes for the current year. dollars, the property owner may pay the charges under one of the following options: Wisconsin 66.60 under which the unpaid principal amount may be paid in ten (10) equal annual installments with interest on the unpaid balance computed at the rate established by the Village Board. against the property as a special tax and will be collected like other taxes for the current year. repair and/or replacement of existing driveway approaches including but not limited to removal, demolition, disposal, construction, restoration, engineering, inspection and administrative costs. property shall be the total square footage of driveway approach to be repaired and/or replaced. owner or by the owner's private contractor. If the owner either chooses not to do the work or have it done by a private contractor or the driveway is otherwise not repaired or replaced in a timely manner, the Village will perform the work as part of municipal contract. defects of the type identified on the list entitled "Sidewalk Slab Defects Requiring Repair or Replacement" on file with the Public Works Superintendent is to be considered for replacement, and will be included in the normal sidewalk repair and replacement program as established herein. defects of the type identified on the list entitled "Sidewalk Slab Defects Requiring Repair or Replacement" on file with Public Works Superintendent, such defective portions shall be repaired and/or replaced if the adjacent portion of the driveway approach across the sidewalk requires repair and/or replacement or if the gutter section across the driveway requires repair and/or replacement. concrete and will be included in the normal sidewalk repair and replacement program as established herein. Driveway approaches repaired or replaced by the property owner or by the property owner's private contractor in conjunction with the sidewalk repair or replacement program, will not require a separate driveway permit.
9.105 Repair or Replacement of Defective Sidewalk Bend fronting or abutting any street shall assure that the sidewalk abutting such property or lot remains free of any and all defects which could constitute a hazard to the public. unsafe, defective or insufficient to be repaired or removed and replaced in accordance with Village Standards. Notice of this order shall be provided to the property owner as required under WI Stats 66.0907 (3) (c). Stats. 66.0907(3) (e), and charge the cost thereof to the owner of the lot or parcel. after such service to lay remove, replace or repair any such sidewalk, the Village may cause such work to be done at the expense of the owner. a. The Village President shall have the duties and responsibilities delegated to the Board of Public Works under WI Stat. 66.0907. The Village President may designate another Village Official to handle the duties and responsibilities delegated to the Village President under this section. The Village President may delegate to that designee any authority granted to the Village President under this section, including the authority granted under paragraph (b) below to issue citations. Village President or the Village President's designee shall also have the authority to issue citations to enforce the provisions of this section. employees and its agents, from any cost, claim, suit, liability and/or award which might come, be brought, or be assessed, because of the issuance or exercise of this permit, or because of any adverse effect upon any person or property which is attributed to the partially or entirely completed work or the undersigned property owner. Accomplishment of the permitted work, or any part thereof, by or on behalf of the undersigned property owner shall behind such owner to abide by this permit and all its conditions and provisions. Ordinance, any person who violates this Ordinance shall be subject to a penalty in the amount of fifty ($50.00) dollars for the first violation, seventy five ($75.00) dollars for the second violation and one hundred ($100.00) dollars for the third and subsequent violations together with court costs and assessments.
9.11 WATERCOURSES. so that the natural flow of water along the same is retarded by the negligent action of the owner, occupant or person in charge of the land wherever such obstruction is located, the owner or occupant of any lands affected and damaged by such obstruction may request the removal thereof by giving notice in writing to such owner, occupant or person of the land wherever such obstruction is located. If such removal is not made within six (6) days after receipt of such notice, the owner or occupant of the lands so affected may make complaint to the Village Board filing at the same time a copy of said written notice, and the Village Board, upon being satisfied that the complaint is just after viewing the watercourse, shall make recommendations in writing to the owner or occupant of the lands where the, obstruction is, for the removal of, such obstruction, and if such recommendations are not followed within a reasonable time, shall order the obstruction removed. The, cost of removal and the cost, if any, for professional services necessitated by the Village Board in the formulation of its recommendations shall be charged and assessed against the lands from which the obstruction was removed and collected as other special assessments are collected. Board, shall place any dam, sluice, bulkhead, log, timber, pole, lumber, brush, stone, earth or other obstruction of any kind to the free flow of water in any ditch constructed or maintained by the Village.
9.12 ERECTION OF POLES IN STREETS: PERMIT REOUIRED. Before any personal shall erect any telegraph, telephone, electric, railroad or light poles or posts upon any street or alley, he shall submit to the Public Works Commission the route of their proposed line or lines, or any extension thereof, showing as far as practicable the location of each pole or post and the number and location of the wires. No such pole or post shall be erected until permission shall first be obtained from the Public Works Commission.
9.13. SELLING WITHIN STREETS PROHIBITED. No person shall sell or offer for sale any goods, wares, merchandise or products within the dedicated portion of any street within the Village except a community sidewalk sale authorized by the Village Board.
9.14. AN ORDINANCE RELATING TO OPENINGS IN STREETS AND HIGHWAYS. street or highway within the Village of Big Bend or cause the same to be done without first obtaining a permit therefore from the Village of Big Bend. There shall be two (2) types of permits. laterals which enter or cross the traveled portion of any public street, application shall be made in writing and filed with the Village Clerk for consideration by the Village Board. The Building Inspector shall be paid a fee for inspection of service laterals entering the traveled portion crossing any public street right-of-way by the Village as determined by the Village Board. street, application shall be made to the Building Inspector. of the Village Board, and shall be deposited by the applicant with the Village Clerk at the time the application for such permit is made. Fees for permits required under Section (2) shall consist of twenty five ($25.00) dollars, payable ten ($10.00) dollars to the Building Inspector and fifteen ($15.00) dollars to the Village, unless modified by future resolution of the Village Board, and shall be deposited by the applicant with the Building Inspector at the time application for such permits are made. highways upon which the proposed openings or excavations are to be made and shall locate the proposed openings or excavations on such streets or highways. The application shall further show the length, width, and depth of the proposed openings or excavations in the public streets or highways and shall state the purpose for which such openings or excavations are made. An application shall also give the following information, and other such information as may be required. provisions, rules and regulations of the Village pertaining to the work or purpose for which the permit is requested
. under the direction of the Village and by Village employees or contractors performing work under contract with the Village necessitating openings or excavations in streets or other public ways, which openings or excavations shall be regulated by contract between the Village and the contractor. municipal corporation controlling any sewer, watermain, conduit, or other 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 a permit as provide herein, provided that such person or corporation or municipal corporation shall apply for a permit required under this Ordinance no later than the end of the next succeeding business day, and shall not make any permanent surface repairs without first obtaining a permit pursuant to the provisions herein.
to the following terms and conditions: a. Tunneling - Boring. All excavations in the paved portion of any street or highway in the Village shall be done by tunneling or boring methods so that the paved portion of any street or highway will not be disturbed. For purposes of this provision, a paved street or highway shall include concrete pavement, bituminous surfacing, and any other street or highway upon which permanent surfacing exists. If the Village Board determines that any unusual condition exists which would make it impracticable to excavate by tunneling or boring methods at any location upon any public street or highway within the Village, the Board may waive the requirement for tunneling or boring at such location. All excavation material from tunneling or trenching adjacent to the paved portion of any street or highway or otherwise must be placed where it will cause a minimal inconvenience to the public corporation obtaining a permit as herein provided, shall be required to maintain and repair that portion of any public highway or street in the Village whereon such excavation or opening is made for a period of one (1) year from the date that excavation or opening is closed, except that such time may be extended by the Village Board if the excavation or opening has not become stabilized within the period of one (1) year from the date of the opening, and shall keep and maintain the highway or public street whereon such opening was made. In the event that such repairs are not made as herein provided, the Village Board shall order the same made by the person, corporation, or municipal corporation obtaining a permit herein provided upon five (5) days written notice. In the event that such repairs are not made as herein provided, the Village Board shall cause the repairs to be made and charge the expense thereof to the person, corporation, or municipal corporation obtaining the permit. public street or highway within the Village will barricade the same in accordance with the applicable portion of the current "Wisconsin Manual of Traffic Control Devices". All reasonable and necessary precautions shall be taken to protect the public from accident or damage to persons or property from the beginning to the end of the work. The person, corporation, or municipal corporation obtaining the permit will be held responsible for all damages that may result from his or its negligence in opening the public street or highway and in performing the work incidental thereto, including any claims for damages resulting from his or its negligence in failing to maintain the disturbed portion of the public street or highway for a period of one year from the date the opening is closed, except that such time may be extended by the Village Board if the excavation or opening has not become stabilized within the period of one (1) year from the date of the opening to the satisfaction of the Village Board. The person, corporation, or municipal corporation obtaining the permit shall also be liable to the Village for its costs and expenses in defending any action brought against it for damages, and costs of any appeal that may result there from, including any claim for damage that may result to the Village by reason for failure to keep the public street or highway, in repair as herein provided. The person, corporation, or municipal corporation obtaining the permit shall not be liable or otherwise responsible for indemnifying, protecting, or holding the Village of Big Bend harmless from and against its own acts or omissions and the consequences thereof. Big Bend and deliver to the Village Clerk at the time and application for such permit is filed, a bond of undertaking in the sum of five thousand ($5,000.00) dollars or other such sum as the Village Board may determine with surety or sureties to be approved by the Village Board, conditioned that he will perform faithfully all work with due care and skill, in accordance with the terms and conditions of this section, and that they will faithfully perform and abide by all the terms and conditions of this section, and will save the Village of Big Bend harmless from all liability for all damages, costs and expenses and claims of any nature or kind arising out of the unskillfulness or negligence in connection with causing the excavation or opening to be made in any public highway or street in the Village in accordance with the permit granted by the Village Board. Such bond or undertaking shall remain in force and effect until released by the Village Board. No bond of undertaking shall be required from any municipality or public utility. reference to "Accommodation of Utilities on Highway Rights-of-Way" now existing and as may be subsequently amended is adopted by reference and made a part of this ordinance.
9.145. BUILDING ADDRESS NUMBERS. on a particular street. visible and legible from the street representing the appropriate address number for the property. used solely by the occupancy of such building. address numbers shall be a minimum of 2 1/2" in height. If script-type numerals are used, the owner or occupancy of the building using such script-type numerals shall also display numerals similar to the type issued by the Village. c. The owner or occupants of any building in the Village, upon written notice that he is using the wrong address number shall within thirty (30) days of the receipt of such notice discontinue use of such wrong address number. conspicuous place on the building or in an area visible and legible from the street for police, fire and other emergency purposes by (insert date). occupant of any building within the Village from the Village at cost. house and building located on any street or highway in the Village. address numbers. shall compute and assign address numbers for each buildable site on the plat and furnish a copy of the plat to the Building Inspector and the Assessor upon which all address numbers shall be shown. (Rev. 12-27-90) shall issue an address number. Such number shall be mounted in a conspicuous place on the building or in an area visible and legible from the street as provided in section (2) (d). Such address number shall be installed upon the premises as herein provided before a final occupancy permit is granted for use of the building.
9.15 MOVING PERMITS FOR BUILDINGS written petition and a filing fee of five ($5.00) dollars filed with the Village Clerk. for investigation and schedule a Plan Commission meeting. concerning the proposed site to the Plan Commission, and the Plan Commission shall make such other and further investigation as it deems necessary to ascertain whether the building proposed to be moved shall conform architecturally and aesthetically with the other structures in the area and whether the issuance of a moving permit would be in the best interest of the Village. moved conforms architecturally and aesthetically with the area, and that the issuance of a moving permit would be in the best interests of the Village, the Plan Commission shall direct the Building Inspector to issue a moving permit. moved does not conform architecturally or aesthetically to the area to which it is sought to be moved, and that the issuance of a moving permit would not be in the best interests of the Village, the petition shall be dismissed, and no moving permit shall be issued, and a report of such findings shall be made to the Village Board.
9.16 SEASONAL WEIGHT LIMITS is enacted pursuant to the authority granted to the Village of Big Bend by Sections 349.16, 61.34 and 60.29, WI Stats. the Village of Big Bend weighing in excess of the gross weight of seven (7) tons during the seasonal weight limits period as hereinafter provided and except as hereinafter provided in Section 5. period of time during which the Village of Big Bend highways, or parts thereof, are posted by signs as provided in Section 4. The seasonal weight limits period shall be determined by the Village President, and the Village President may direct that all of the Village of Big Bend highways, or parts thereof, be subject to the provisions of this Ordinance. Actions of the Village President pursuant to this Section shall be made part of the minutes of the next succeeding Village Board regular meeting. (Rev. 12-27-00) posting of signs, informing the public and users of the highway of the weight limit. In the event the seasonal weight limits apply to all of the Village of Big Bend highways, the signs shall be posted at the following locations: Highway L (Milwaukee Ave) at Putnam Highway L (Milwaukee Ave) at Orchard signs shall be posted on or along the highway on which it is desired to impose the limitation in such number, location and proximity to the part posted sufficient to give reasonable notice that a special weight limit is in effect and the nature of that limit. Board members, individually, may, on behalf of the Village of Big Bend, enter into an agreement providing for reimbursement for damages to Village highways, pursuant to Section 349.16, WI Stats, with persons desiring to use Village highways during the seasonal weight limits period. The foregoing Village agents shall consider the condition of the highways or highway and the nature and extent of likely damage thereto in determining whether or not to enter into the reimbursement agreement. The reimbursement agreement shall be substantially in the following form, which form is made a part of this Ordinance: Wisconsin Statutes, effective June 7,1978, vehicles carrying the following commodities are exempt from the seasonal weight limits imposed by this ordinance: property. persons acting as agents of the Village of Big Bend within the scope of their duties. as agents of the public utilities within the scope of their duties, in an emergency only. farming activities. following commodities, in an emergency, shall carry no more than one-half (1/2) load: Ordinance shall upon conviction thereof, forfeit not less than two hundred fifty ($250.00) dollars nor more than three hundred twenty five ($325.00) dollars, together with the costs of prosecution for each violation, and in default of payment thereof shall be imprisoned in the County Jail of Waukesha County, Wisconsin, until payment of such forfeiture and costs is made, but not exceeding five (5) days. The provisions of this Ordinance and violations thereof may be enforced by restraining order, injunction and other remedies so as to accomplish the purpose and intent of this ordinance. previously have been convicted of a violation of the same Ordinance within one (1) year shall, upon conviction thereof, forfeit not less than five hundred ($500.00) dollars nor more than seven hundred fifty ($750.00) dollars for each offense, together with costs of prosecution and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six (6) months. brought in Circuit Court, Branch V, Waukesha County. The following Village representatives shall have authority to issue legal process for the violation of the provisions of this Ordinance, supply appropriate forms for this purpose to the following persons: Village Board Members
9.17 SNOW EMERGENCY. Board, shall declare a snow emergency during the period of a severe snow storm, or immediately thereafter, whenever traffic becomes congested by reason of said snowfall, and the operation of emergency vehicles, including snow removal equipment and machinery is impeded. It is the intent of this Ordinance that an emergency be declared whenever approximately two (2) inches of snow falls within a short interval of time. congested, and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys or public parking lots of the city. proclaim the state of emergency through the press, radio or other public means of communication, and may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency. street, alley or public parking lot during the period of snow emergency, or immediately thereafter, until such street, alley or public parking lot has been cleared of snow. supervision and direction, may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The Chief of Police may charge the cost of removing such vehicle to the owner or the operator thereof. Said Chief of Police may cause removal to be made either by his own department with Village help or may contract for such removal with any garage man, service man, person, firm or corporation. public street, after the same has been cleared of snow, in such a manner as to obstruct or interfere with the free movement of traffic upon said street, or interfere with or obstruct the use of, any parking space provided upon the streets. dollars for the first offense, fifty ($50.00) dollars for the second offense and two hundred ($200.00) dollars for each offense thereafter. Non-payment of fines shall subject the offender to imprisonment for a period of up to thirty (30) days. All fines shall have as additional costs added thereto the towing charges involved in removing vehicle subject to removal under the terms of this Ordinance.
9.18 OFF-STREET PARKING. 9.90 PENALTY. |