CHAPTER 8

STREETS AND SIDEWALKS

8.01 Official Map

8.02 Excavations Within Public Right of Way

8.03 Sidewalks

8.04 Obstructions and Encroachments

8.05 Protection of Sidewalks and Gutters

8.06 Mud Lugs Prohibited

8.07 Public Works Contract

8.08 Street Trees

8.09 Street Name and Building Numbering System

8.10 Snow and Ice Removal

8.11 Penalty

STREET AND SIDEWALKS 8.01

8.01 OFFICIAL MAP. (REP. & RECR. #4-70) (1) PURPOSE. In order to conserve and promote the public health, safety convenience and general welfare, there is hereby adopted and established the Official Map of the City, consisting of one sheet. Such map covers the area of the City and the surrounding area over which the City has extraterritorial jurisdiction in accordance with (SS) 62.23(6), WI Stats. It is the further purpose of the Official Map to show the width and location of streets, highways and parkways in order to promote the efficient and economical development of the City.

(2) CERTIFIED COPIES. A certified copy of the Official Map shall be adopted and approved with the text as a part of this section, shall bear upon its face the attestation of the Mayor and City Clerk and shall be available to the public in the office of the City Clerk. Changes thereafter to the Official Map shall not be effective until entered and attested on this certified copy.

(3) CERTIFICATION TO BE FILED WITH REGISTER OF DEEDS. Immediately upon the adoption of this section, the City Clerk shall file with the Register of Deeds of Jefferson County a certificate showing that the City has established the Official Map as described in this section, and shall do likewise as to any change or addition.

(4) AUTHORITY OF THE PLAN COMMISSION. The City Plan Commission, when passing upon a land subdivision plat referred to it by the City Council shall not recommend such plat for approval unless it conforms with the Official Map.

(5) BUILDING PERMIT, PLOT PLAN. For the purpose of preserving the integrity of the Official Map, no permit shall hereafter be issued for any building in the bed of any street, highway, or parkway shown or laid out on such map, except as provided in (SS) 62.23 (6)(d) or (g), WI Stats. The proper official authorized by the City Council to issue building permits shall require each applicant to submit a plot plan, certified by a qualified surveyor, for approval. Such plot plan shall accurately show the location of any proposed building with reference to any street as shown on the Official Map.

(6) CHANGE AND AMENDMENTS. (a) City Council. The City Council, whenever and as often as it may deem it for the public interest, may change or add to the Official Map of the City in conformity with the provisions contained in (SS) 62.23(6)(b), WI Stats.

(b) Amendments. Ordinance #10-74, #1-76, #2-92, #6-95, #8-95, #29-97, #3-98, #15-98

8.02 EXCAVATIONS WITHIN PUBLIC RIGHT-OF-WAY. (Rep. & Recr. #14-88) (1) PERMIT REQUIRED. No person shall dig or cause to be dug any ditch or other excavation in the platted way of any public street or public alley in the City without having obtained a permit from the City Administrator or his designee. Application for the permit shall be in writing on forms provided by the City and signed by the person contemplating the work or by the authorized agent of such person and filed with the City not less than 48 hours prior to the commencement of the excavation. Upon receipt of such application, the City shall investigate and determine whether a permit shall be issued and may prescribe terms and conditions for the issuance of the permit, which terms may include, at the discretion of the City Administrator, submission of the certificate of liability insurance covering the applicant and the City during all phases of the opening and closing of the ditch or excavation and/or provision for a surety bond to insure the replacement and restoration of the street or alley opened as provided in sub. (3). Such condition as prescribed by the City shall be set forth in writing on the permit. The City shall keep shall keep a record of all permits issued thereunder, which record shall indicate the date the permit is granted, the location of the ditch and any special terms or conditions prescribed. Failure to obtain a permit prior to commencement of the excavation, except as provided for in sub. (2)), will result in a forfeiture of $25.

(2) EMERGENCY EXCAVATIONS. Prior application and the issuance of a permit shall not be required under this section for excavations made necessary by an emergency, but a report of such emergency shall be made in writing to the City Administrator by 10 a.m. of the following business day. For purpose of this section, the term "emergency" is defined as a condition creating imminent hazard to life or property.

STREETS AND SIDEWALKS 8.02(3)

(3) GENERAL CONDITIONS. All work shall be performed in a manner to ensure public safety and protect the physical integrity of the existing improvements to the greatest degree possible. The permittee shall not commence work until all utilities have been notified. Proper flagging, barricading and fencing of the excavation is required and is the responsibility of the permittee. All street openings shall be cut at the commencement of the excavation to minimize damage to the existing pavement and saw cut to provide for clean straight edges upon completion. Trench widths shall be held to a minimum to reduce settlement damage. Sidewalks and curbs shall be held to a minimum to reduce settlement damage. Sidewalks and curbs must be protected from settlement and heavy equipment damage. All curb and sidewalk replacement must meet current City specifications including handicap access. All excavations shall be backfilled with granular material compacted to a 95% compaction level unless specifically exempted by the City Engineer. Restoration of the street surface is the responsibility of the permittee. Arrangements for such restoration are to be made with the Public Works Superintendent prior to or immediately upon completion of the excavation. The permittee shall make good settlements resulting from such excavation for a period of one year and shall be liable for all damages resulting from failure to do so. All costs incurred by the City due to noncompliance of such general conditions shall be the responsibility of and shall be charged to the permittee.

8.03 SIDEWALKS. (Rep. & Recr. #2-74) (1) STATUTE ADOPTED. (SS) 66.615, WI Stats., is adopted by reference and made a part of this section.

(a) Sidewalks shall be required on all streets with the following exceptions: (Cr. #1-90)

1. Sidewalk will not be required when the nature of the terrain creates insurmountable engineering problems.

2. Sidewalk will not be required when there is insufficient right-of-way.

3. Sidewalk will not be required if the installation would generate a safety hazard by encouraging pedestrian traffic in dangerous areas.

4. Sidewalk shall not be required along industrial zoned properties excepting in those instances where said properties are situated between areas generating pedestrian traffic.

5. Sidewalks will not be required along vacant land which extends to the city limits which is not situated between areas generating pedestrian traffic.

6. Sidewalk shall not be required on any street which is not curb and gutter.

(b) Installation of new sidewalk required under this section of the Municipal Code shall be required upon the occurrence of one of the following, whichever occurs first:

1. Upgrading the street from a rural section to an urban section.

2. Reconstruction of any improved streets (a street which has a curb and gutter).

3. Year 2000.

(2) CONSTRUCTION AND REPAIR PROGRAM. The Director of Public Works shall establish a program of sidewalk construction and repair and shall periodically, but not less than annually, review and update the program. The Director of Public Works or his designee shall inspect sidewalks and may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the Standard Sidewalk Specifications established herewith. A copy of such specifications shall be placed on file in the office of the City Engineer.

(3) NOTICE. A written order directing the laying, removal, replacement, or repair of any sidewalk shall be served upon the owner of each lot or parcel of land in front of which such work shall have been ordered, by the Director of Public Works as prescribed in (SS) 66.615(3)(c), WI Stats.

STREETS AND SIDEWALKS 8.03(4)

(4) WORK BY OWNER. Any such owner may within 30 days of receipt of such order notify the Director of Public Works, in writing, of his intent to perform such work and complete same within 60 days of receipt of such order. Whenever any owner shall fail to notify of his intent to perform such work the City may cause such work to be done at the expense of such owner.

8.04 OBSTRUCTIONS AND ENCROACHMENTS. (1) 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 is the owner or occupant, except as provided in sub (2).

(2) EXCEPTIONS. The prohibition of sub. (1) shall not apply to the following:

(a) Signs or clocks attached to buildings which project no more than 6 feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street, or alley.

(b) Awnings which do not extend below any point 7 feet above the sidewalk, street or alley.

(c) Public utility encroachments duly authorized by State law or the Council.

(d) Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than 3 feet on a sidewalk, provided such goods, wares, etc.., do not remain thereon for more than 3 hours.

(e) Obstructions and encroachments not to exceed 10 minutes.

(3) Mailbox Installation Regulated (Cr. #1-95) - Mailboxes installed on public right-of-way shall conform to the following standards:

(a) Support. The support shall be a wood post, steel pipe, or steel channel installed no more than 24" in the ground and extending to a vertical height such that the bottom of the mailbox is a minimum of 42" but not to exceed a maximum of 48" above the ground surface. The support shall be the following dimensions:

Square wood post 4" x 4"

Round wood post 4-1/2" diameter

Steel pipe: 2" inside diameter

Steel channel: 2 lb./ft.

The support shall not be set in concrete, nor is a base plate acceptable. Anti-twist flanges may be installed on the pipe or channel supports but shall not be imbedded more than 10" into the ground.

(b) Attachment: The box to post attachment shall be sufficient to prevent the separation of the box from the support post when struck.

(c) Setbacks and Location: On curbed residential streets the face of the mailbox shall be a minimum of 6" behind the face of the curb and a maximum of 12". On residential streets without curb or paved shoulder the face of the mailbox shall be a minimum of 8" behind the edge of the shoulder and a maximum of 12". If a paved turnout is provided, this setback may be reduced to zero. The face of the mailbox must not extend over the edge of the traveled way of a paved shoulder.

8.05 PROTECTION OF SIDEWALKS AND GUTTERS. No person shall place or move any vehicle, machine or load of great weight across any cement gutter or sidewalk without placing boards or planks under the wheels to prevent injury to the gutter or sidewalk.

8.06 MUD LUGS PROHIBITED. No person shall operate any motor vehicle over any street in the City which is equipped with mud lugs or similar projections likely to cause damage to the streets.

STREETS AND SIDEWALKS 8.07

8.07 PUBLIC WORKS CONTRACTS. Any class of public work may be done by the City or through its agencies directly without advertising for bids.

8.08 STREET TREES. (1) INJURY TO TREES. No person without a written permit from the City Forester, shall plant, cut, prune, break, climb, injure, or remove any tree, plant or shrub growing in a public highway, public alley or public place; or cut, disturb or interfere in any way with the roots of any tree, plant or shrub on a public highway, public alley, or public place; or spray with any chemicals or insecticide any tree, plant, or shrub in a public highway, public alley or public place; or place any rope, sign, poster or other fixture on a tree in a public highway, public alley, or public place; or injure, misuse or remove any device placed to protect such tree, plant or shrub on a public highway, public alley, or public place.

(2) INTERFERENCE WITH CITY FORESTER'S ORDERS. No person shall delay or interfere with the City Forester in the planting, pruning, spraying, or removing of trees or shrubs, living or dead, in that part of any street lying between the lot line and the curb line or in the center or side plots of boulevards in the city, or from removing stones, cement, lumber or other substance placed against a tree or shrub in any public place in said City.

(3) TRIMMING TREES. The owner or occupant of any lot or parcel of real estate in this city shall, upon written notice form the city Forester forthwith trim and remove so much of the branches of trees thereon as will give a clear space of 8 feet between the sidewalk and the lowest branch of such tree or trees above such sidewalk and more than 12 feet between the street and the lowest branch of such tree or trees above such street a distance of 4 feet from the curb. If such owner or occupant shall fail to cut away and remove the offending branches within 3 days after the serving of such notice, said City Forester shall cause said branches to be cut away and removed and he shall report the cost of doing such work to the City Clerk and such cost shall be a legal charge an lien against such lot or parcel upon which the trees are standing and shall be entered in the tax roll as a special charge against such real estate and shall be collected in the manner in which taxes against real estate are collected.

(4) TREE PLANTING PERMIT REQUIRED. No person shall plant any tree upon any street lying between the lot line without first securing a written permit from the City Forester, and such permit, if issued, shall be subject to the following conditions and restrictions:

(a) No trees shall be planted on any City Street until the grade for such street has been established and cut or filled to the established grade.

(b) No tree shall be planted on a street where the width of the terrace between the walk and the curb line is less than 8 feet, and none between the walk and curb on those through streets as shown on the official map unless the street width is 66 feet or more.

(c) No tree shall be planted nearer than 10 feet from an intersecting street line

(d) All trees shall be placed at least 30 feet apart on lots with a frontage of less than 70 feet and not less than 35 feet apart on all other lots.

(e) Where trees are permitted between walk and curb, all trees will be placed 4 feet from the outside edge of walk.

(f) The following trees shall not be planted in the streets and alleys of the City:

1. No elm of any type until such time as one immune to Dutch Elm Disease has been developed.

2. No box elder.

3. No nut tree.

4. No willow, cotton wood, poplar, catalpa or native honey locust

5. No shrubs of any kind.

STREETS AND SIDEWALKS 8.08(5)

(5) TREE MAINTENANCE BY PROPERTY OWNER. All trees planted in accordance with the provisions of this section upon any street lying between the lot line and the curb line shall be maintained by the property owner under the rules and regulations of the Board of Public Works.

(6) REMOVAL OF DANGEROUS TREES. The City shall remove all dead and dangerous trees and the City may replace same with approved varieties where they can be planted in compliance with the regulations hereby established.

(7) LARGER TREES. Whenever the City decides to replace a tree under subsection (6) above, the owner or occupant of the lot or parcel or real estate upon which said tree or trees are to be planted may make application to the City Forester for a permit to plant a larger tree or other approved variety than the City proposes to plant.

(8) REMOVAL OF TREES AT EXPENSE OF PROPERTY OWNER. Should any property owner desire to have a street tree removed other than a dead, dangerous, or undesirable variety, it shall be removed by a tree expert or by an agent of the City at the expense of the property owner, and then, only after written permission for said removal has been obtained from the City Forester.

(9) PLANTING ORIGINAL TREES IN TERRACES. All original trees on the street terraces shall be planted by the owner or occupant at their expense and in conformity with the provisions of this section.

8.09 STREET NAME AND BUILDING NUMBERING SYSTEM. (1) The names of all streets within the City as indicated on the latest approved map or maps labeled "Official Street Name and Building Numbering System" on file in the City Hall, are hereby confirmed as the names of the streets as indicated on such map or maps except as otherwise provided in this chapter.

(2) There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the City, and all houses and buildings shall be numbered in accordance with the provisions of this section.

(3) Racine Street shall constitute the base line for numbering along all streets running north and south. Main Street shall constitute the base line for numbering east and west.

(4) The numbering for each street shall begin at the base line. The numbers with in the first block shall be from 100 to 199, within the second block from 200 to 299, etc. There shall be assigned 100 numbers to each block, square or space that would be one block or square if streets each way were so extended as to intersect each other, and one number shall be assigned to each 20 feet of frontage. In blocks or equivalent space longer tan 1000 feet which is not intersected by a street, the total length of such space divided by 50 shall be used to determine the feet of frontage assigned to each number.

(5) All lots and houses on the north and west side of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block, and shall increase from the base line, one number for each for each 20 feet of frontage or fraction thereof, except as provided in sub (3). All lots and houses on streets and outsides of all streets shall be numbered in the same way with eve numbers. Where any building has more than one door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, providing the building is 25 feet or more in width. If the building is not 25 feet or more in width and the entrances are not that far apart, the next consecutive number shall have a number assigned only to the main entrance, unless other entrances served different occupants.

(6) All streets not extending through to the base line shall be assigned the same relative numbers as if the said street had extended to the said base line.

(7) The Common Council has caused a survey to be made and there is hereby assigned to each house and building located on any street, avenue, alley, or highway in said City, its respective number under the uniform system provided for in this section, as shown on the map entitled "Official Street Naming and Building Number System for City of Jefferson" which map is made a part of this section. The owner,

STREETS AND SIDEWALKS 8.09(7)-cont.

occupant, or agent shall place or cause to be placed upon each house or building controlled by him the number(s) assigned under the uniform system provided for in this section

(8) Where only one number can be assigned to any house or building, the owner, occupant, or agent of such house or building who shall desire distinctive numbers for the upper and lower portion of any such house or building, or for any part of such house or building fronting on any street, may use the suffix "A", "B", "C", etc., as may be required.

(9) For the purpose of facilitating correct numbering a copy of the map showing the proper numbers of all lots or houses fronting upon all streets, avenues, or highways shall be kept on file in the office of the City Clerk. This map shall be open to inspection by all persons during the office hours of the Clerk.

(10) The City Clerk shall inform any party applying therefor, of the number belonging to or embraced within the limits of said lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any lot or building, the Clerk shall determine the number of such lot or building.

(11) Whenever any house, building or structure shall hereafter be erected or located in the City, the owner shall procure the correct number or numbers so assigned upon said building as provided by this section. No building permit shall be issued for any such house, building or structure until the owner has procured from the Clerk the official number of the premises.

(12) All police officers of the City shall report the violation of any provisions of this section.

(13) If the owner or occupant of any building required to be numbered by this section shall neglect for more than 30 days to duly attach and maintain the proper number on such building, the City Clerk shall serve upon him a notice requiring such owner or occupant to properly number the same, and if he neglects to do so for 10 days after the service of such notice, he shall be deemed to have violated this section.

(14) The City Clerk shall have all future City plats and annexations, after approval by the Council, immediately noted on the Official Street Name and Building Numbering Map or maps with the same system of house numbering as is used on the present official map.

(a) 1974 Annexations. #6-74.

8.10 SNOW AND ICE REMOVAL. (Cr. 2-71; Am. #5-96) The owner or occupant of real property shall remove snow and ice from the sidewalks within twenty-four hours after the end of snowfall. The Street Superintendent may order the crew to clear sidewalks where owners or occupants have failed to do so within 24 hours. The expense of said removal shall be included in a statement to the City Clerk from the Street Superintendent indicating the cost of such removal. The cost of such snow and ice removal shall be levied and collected as a special tax upon such lot or parcel paid by the owner thereof.

8.11 PENALTY. Any person who shall violate any provision of this chapter or any order, rule or regulation made thereunder shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.