Chapter 1 Grades
Chapter 2 Streets and Sidewalks
Chapter 3 Driveways
Chapter 4 Trees and Shrubs
Chapter
5 Storm-water Management Governing
Property Development and Developed and Vacant Property
Chapter 6 Environmental Remediation Fee Program
Chapter 7 Compost
6.1.1 Establishment of
Grades
6.1.2 Alteration of
Grade Prohibited
6.1.3 Regulation and
Grades of Underground Utilities
(a)
Grades to be Established.
The grade of all streets, alleys and sidewalks shall be established by
resolution by the Common Council and the same recorded by the Director of
Public Works in his office.
(b)
New Sidewalk Grade.
Whenever a street shall be improved for the first time or the grade thereof
changed and the street improved so as to conform to the new grade, the grading
of the sidewalk shall be considered a part of the improvement, shall be let by
contract with the other work of improving such street, and the expense thereof
shall be provided for and borne in all respects like that of improving the
street, but the construction shall be done by the owners of the abutting lots
or parcels of land or at their expense as hereinafter provided. Before such
construction is commenced by the owners of the abutting lots or parcels of
land, the Director of Public Works shall, upon application by the respective
owners for a sidewalk grade, cause such sidewalk grade to be established. The
cost of furnishing such grade shall be borne by the City.
State Law Reference:
Section 62.14(7) and 62.16,
No
person shall alter the grade of any street, alley, sidewalk or public ground or
any part thereof in the City of
(a)
Elevation.
The grade or elevation of all underground construction shall be a minimum of
three (3) feet below the established grade of the street, alley, park, public
property or easement. The three (3) feet shall be measured between the top of
the established grade and the top of the underground construction.
(b)
Approval of Location.
The location of any and all such underground construction must have the
approval of the Director of Public Works.
(c)
Filing Plans.
Complete plans for any such construction must be filed with and be approved by
the Director of Public Works before construction can begin.
(d)
Inspection.
On request of the Director of Public Works, the utility company must provide
opportunity for him to check any construction before it may be covered.
(e)
Conflict with Other Utilities. If the grade or elevation herein set for the underground
construction of utilities shall, in any instance, conflict with other existing
utilities, the utility shall be required to lower the elevation of its
underground construction, or of the storm sewer, at the election of the
Director of Public Works and in accordance with his directions and
specifications.
(f)
Establishment of Grade.
At the request of the utility company, the Director of Public Works shall, at
the City's expense, give the utility company an established grade on any
streets, alleys, public parks or easements where it proposes to install
underground utilities.
(g)
Emergency.
In case of an emergency, when immediate action is necessary in order to protect
life or property, the utility company may proceed with under-ground
construction subject to obtaining the approval of such work by the Director of
Public Works as soon thereafter as is reasonably possible.
(h)
Restoration of Surface.
In the event of any such underground construction, the utility company shall
leave the surface of the ground, or road, in the same condition as before said
work was commenced, and in the event of its failure so to do, the City may
proceed to place the surface of the ground or street in such condition at the
utility company's expense. Such work shall comply with the provisions of
Sections 6-2-3 and 6-2-4.
(i)
Non-Relief from Obligations. Compliance with this Section does not relieve the utility
company from any responsibility of any kind whatsoever by reason of the
widening of the travelway, or any other improvements which may become
necessary; nor does it relieve it from any liability of any kind or nature
whatsoever. Compliance with this Section shall not relieve the utility company
from the responsibility or obligation of removing, relocating or moving any of
its mains, pipes or property due to the opening, widening or improving of
streets, or due to any other changes which may occur by reason of which such
moving, relocation or removing may be necessary.
6.2.1 Removal
of Rubbish and Dirt from Sidewalks
6.2.2 Construction
and Repair of Sidewalks
6.2.3 Excavations
of Streets, Alleys, Public Ways and Grounds
6.2.4 Regulations
Governing Excavations and Openings
6.2.5 Obstructions
and Encroachments
6.2.6 Street
Privilege Permit
6.2.7 Snow
and Ice Removal
6.2.8 Terrace
Areas
6.2.9 Vaults
6.2.10 Downspouts
and Eaves of Buildings Not to Drain on Sidewalks
6.2.11
6.2.12 Requests
for Improvements
6.2.13 Raking
Leaves into Streets
6.2.14 Unlawful
Dumping on Streets
6.2.15 Street
Numbers
6.2.16 Obstruction
of Public Ditches
6.2.17 Obstructions
Placed in
No
owner or occupant shall allow the sidewalk abutting on his premises to be
littered with rubbish or dirt. If such owner or occupant shall refuse or fail
to remove any such rubbish or dirt when notified to do so by the Director of
Public Works, the Director may cause the same to be done and report the cost
thereof to the City Clerk who shall spread the cost on the tax roll as a
special tax against the premises, pursuant to Sec. 66.60(16), Wis. Stats., or
such cost may be recovered in an action against the owner or occupant.
(a)
Council May Order.
The Common Council may determine that sidewalks, curb and gutter and suitable
street surface material may be constructed, laid, rebuilt or repaired along or
upon any public street, right-of-way or highway within the City. The Council
may determine or change the width or grade of any street or sidewalk.
(b)
Owner to Construct.
(1)
It shall be
the duty of the abutting owner to pay for, pursuant to the City's Special
Assessment Cost Policy in Section 3-2-14, and build, repair, construct and
rebuild streets, curb and gutter, or sidewalks along or upon any street, alley
or highway in the City of Glendale and to pay the appropriate cost of
construction thereof. Such costs shall include expenditures for engineering,
excavations, gravel and driveway approaches.
(2)
Whenever the
Common Council shall by resolution determine that a sidewalk be laid, rebuilt,
repaired, lowered or raised along or upon any public street, alley or highway
within the City, it shall proceed according to Section 66.615 and/or 66.22,
Wis. Stats. Other projects shall be assessed to abutting property owners
pursuant to Section 66.60, Wis. Stats.
(3)
Sidewalks
shall be located in such places as designated by the Director of Public Works.
No person shall remove any sidewalk without the permission of the Director of
Public Works.
(c)
Sidewalk Permit Required.
No person shall hereafter lay, remove, replace or repair any public sidewalk
within the City unless he is under contract with the City to do such work or
has obtained a permit therefor from the City Clerk at least three (3) days
before work is proposed to be undertaken. A fee of Twenty Dollars ($20.00) shall be charged for such
permits.
(d)
Specifications.
Sidewalks, streets and curb and gutter shall be constructed in accordance with
the specifications adopted by the Common Council and on file with the Director
of Public works unless such ordinance or resolution ordering the sidewalk
construction establishes a specific standard therefor.
(e)
Repair or Replacement of Defective Sidewalks. Pursuant to Sec. 66.615, Wis. Stats., the Common Council
may order at any time property owners to repair or remove and place any
sidewalk which is unsafe, defective or insufficient. If the property owner
shall fail to so repair or remove and replace such sidewalk within sixty (60)
days after service of the notice provided in Sec. 66.615(3)(c), Wis. Stats.,
the Common Council shall repair or construct such sidewalk and the City Clerk
shall enter the total cost thereof upon the tax roll as a special tax against
said lot or parcel of land. If a life-threatening situation exists which is
caused by a sidewalk in need of repair, the Director of Public Works shall
direct the property owner to make repairs within seven (7) days. If the
property owner shall fail to repair such sidewalk within the required period,
the Common Council shall make the necessary repairs and the City Clerk shall
enter the total cost thereof on the tax roll as a special tax against said
parcel.
(f)
Illegal Sidewalks.
No sidewalk which shall be constructed contrary to the provisions of this
Section shall be considered a legal sidewalk and the same may be ordered to be
replaced with a legal sidewalk and with one that is in conformity with this
Section, the same as if no sidewalk whatever had been built or constructed in
the place where any such sidewalk is located.
State Law Reference:
Section 66.615,
(a)
Permit Required.
No person, partnership or corporation, or their agents or employees or
contractors, shall make or cause to be made any opening or excavation in any
public street, public alley, public way, public ground, public sidewalk or
City-owned easement within the City of
(b)
Application for Permit.
The application for a permit shall be in writing and signed by the applicant or
his agent. The applicant shall submit to the Director of Public Works, at the
time the permit is applied for, sufficient information relating to the work to
be done including the general location and nature of the work and the method
applicant proposes to use in doing the work. The Director of Public Works shall
determine if sufficient information is submitted.
(c)
Exception.
The provisions of this Section shall not apply to City excavation work done
under the direction of the City Engineer.
(d)
Validity of Permit.
Permits shall be valid for a period of thirty (30) days from the date of
approval, except as provided for under Section 6-2-4(g) for pavement
replacement.
(e)
Renewal of Permit.
If operations have begun under an approved permit and will continue beyond the
validation period, the permittee shall apply for a permit renewal by request to
the Director of Public Works and payment of a Ten Dollar ($10.00) renewal
permit fee for each fifteen (15) day extension period so approved. Permit
renewals shall be issued at the discretion of the Director of Public Works.
(f)
City Standards; Fees.
(1)
City Standards.
All Street work shall be performed in accordance with the current standard
specifications for street openings. Any damaged curb and gutter, sidewalk or
grass-covered area shall be restored to the condition prior to damage.
(2)
Fee. The fee for a
street opening/work and right-of-way permit shall be Seventy-Five Dollars
($75.00) plus actual City expenses. Permit fees shall be paid to the City
Treasurer who shall issue a receipt therefor.
(g)
Insurance Required.
A permit shall be issued only upon condition that the applicant submit to the
Director of Public Works satisfactory written evidence that applicant has in
force and will maintain during the time the permit is in effect public
liability insurance of not less than $500,000 per one (1) person, $500,000 for
one (1) accident and property damage coverage of not less than $500,000. The
policy shall name the City of
(h)
Bond.
(1)
Before a
permit for excavating or opening any street or public way may be issued, the
applicant must sign a statement that he will indemnify and save harmless the
City of Glendale and its officers from all liability for accidents and damage
caused by any of the work covered by his permit, and that he will fill up and
place in good and safe condition all excavations and openings made in the
street, and will replace and restore the pavement over any opening he may make
as near as can be to the state and condition in which he found it, and keep and
maintain the same in such condition, normal wear and tear excepted, to the satisfaction
of the Director of Public Works for a period of two (2) years, and that he will
pay all fines of forfeitures imposed upon him for any violation of any rule,
regulation or ordinance governing street openings or drain-laying adopted by
the Common Council and will repair any damage done to existing improvements
during the progress of the excavation in accordance with the ordinances, rules
and regulations of the City. Such statement shall also guarantee that, if the
City 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 two (2)
years.
(2)
Faulty work or
materials shall be immediately replaced by the permittee upon notice by the
City. Failure to correct deficiencies shall result in a one (1) year revocation
of the right to obtain a street opening permit. The City shall repair the
deficiencies and bill the permittee for all labor, materials and equipment used
plus twenty percent (20%) for administration.
(3)
The person who
does such restoration shall be responsible therefor for two (2) years from the
date of the completion of the work and shall file a written guarantee or surety
bond to that effect with the City in an amount determined by the Director of
Public Works.
(4)
Whenever the
Director of Public Works shall find that any such work has become defective
within two (2) years of the date of completion, he shall give written notice
thereof to the contractor or to his surety stating the defect, the work to be
done, the cost thereof and the period of time deemed by the Director of Public
Works to be reasonably necessary to complete said work. After receipt of such
notice, the contractor or the surety must, within the time specified, repair
the defect or indemnify the City for the cost of doing the work as set forth in
the notice.
(5)
An annual bond
may be given under this Section covering all excavation work done by the
principal for one (1) year beginning January 1, which shall be conditioned as
specified above and in the amount determined by the Common Council as necessary
to adequately protect the public and the City.
(a)
Frozen Ground.
No openings in the streets, alleys, sidewalks or public ways shall be permitted
between November 15th and May 1st except where it is determined by the Director
of Public Works to be necessary.
(b)
Protection of Public.
(1)
Every opening
and excavation shall be enclosed with sufficient barriers, signing, and such
other traffic control devices as may be required by the Director of Public
Works, and in accordance with Section VI of the Wisconsin Supplement of the
Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be
kept on from sunset to sunrise. No open flame warning devices shall be used.
Except by special permission from the Director of Public Works, no trench shall
be excavated more than two hundred fifty (250) feet in advance of pipe or
conduit laying nor left untilled more than five hundred (500) feet from where
pipe or conduit has been laid.
(2)
All necessary
precautions shall be taken to guard the public effectively 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 City 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.
(3)
Unless
otherwise approved, a minimum of one (1) lane of traffic in each direction
shall be provided. Every effort shall be made on the part of the permittee to
provide reasonable access to all properties adjacent to his project. In the
event traffic is limited to less than one (1) lane in each direction, a flagman
or temporary traffic control signal shall be provided so as to safely cycle
traffic in each direction past the work area.
(4)
The permittee
shall perform the work in such a manner so as not to disrupt the flow of
traffic in the area or endanger the safety of workmen or passersby. It shall be
the responsibility of the permittee to prevent traffic backup during
construction operation. The permittee shall notify the Police Department
twenty-four (24) hours prior to commencement of excavation of the location and
extent of the excavation, unless the excavation is an emergency excavation as
identified in Sec. 6-2-4(b).
(5)
When the
operations will result in the loss of any utility service to private properties,
the private properties shall be notified in writing or by personal contact at
least twelve (12) hours prior to the loss of service, unless the operations are
part of an emergency excavation as defined in Section 6-2-4(g).
(c)
Pavement Removal.
(1)
Removal of
existing pavement shall be to neat, straight lines. The permittee shall make a
final saw cut in the existing pavement after back-filling. Excavations shall be
kept to the minimum possible and acceptable for the convenience and safe
performance of his work and in accordance with all applicable codes and
regulations.
(2)
If the
pavement is damaged during excavation beyond the original saw cut lines, it
shall be saw cut again along neat, straight lines. The finished saw cut shall
leave a regular rectangular section for pavement replacement. Should the street
opening occur within adjacent or close to an existing patch or require more
than one (1) opening within a short distance, the permittee shall identify and
locate the existing patches or additional openings on the permit application
form. The Director of Public Works shall, on the basis of an on-site
inspection, approximate the boundaries of the pavement replacement area.
(3)
Pavement
replacement areas with the long dimension in the direction of travel shall have
the long dimension parallel with the curb line or the direction of travel.
Pavement replacement areas in concrete pavements shall be parallel with or at
right angles to the direction of travel.
(4)
The Director
of Public Works may order the permittee to remove and replace up to one (1)
full lane width of pavement along the patched or excavated area. Special care
shall be taken with concrete pavement to produce a vertical face on the
existing concrete at the point of the saw cut to insure a full depth of concrete
at the joint.
(d)
Excavation.
(1)
All excavated
material shall be piled in a manner such that pedestrian and motor traffic is
not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory
provisions made for street drainage, and natural watercourses shall not be
obstructed.
(2)
Excavated
material to be used for back-filling of the trench must be so handled and
placed as to be of as little inconvenience as practical to public travel and
adjoining tenants.
(e)
Back-filling.
(1)
All backfill
material shall be free from cinders, ashes, refuse, vegetable or organic
matter, boulders, rocks or stones greater than eight (8) inches in their
greatest dimension, frozen lumps or other material which in, in the opinion of
the Director of Public Works, is unsuitable.
(2)
In refilling
the excavation, if there is not sufficient material excavated suitable for
refilling, the deficiency shall be made up with material, approved prior to use
by the Director of Public Works. Directly placed slurry backfill is an
acceptable backfill material without mechanical compaction.
(3)
Wherever an
excavation crosses an existing utility, pipe or other structure, backfill shall
be carefully compacted in stages from the bottom of the excavation. Any
sanitary sewer, storm sewer, water, telephone, natural gas or other service
shall not be interrupted by the permittee. It shall be the permittee's
responsibility to have the various utilities locate and mark their facilities
prior to excavation.
(4)
Mechanical
compaction shall be used on all loose materials used for trench backfill. Each
layer (12-inch maximum) shall be uniformly compacted to a dry density of at
least 95% of the maximum dry density as determined by the Modified Proctor Test
(ASTM-1557). Compaction or consolidation by flooding shall not be permitted.
(5)
All
excavations shall be subject to testing by the City. Back-filled material not
achieving the above compaction requirements shall be removed and re-compacted
by the permittee. The cost of any re-testing shall be paid by the permittee.
(6)
When the sides
of the trench will not stand perpendicular, sheathing and braces shall be used
to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall
be left in any trench. At no time shall any street pavements be permitted to
overhang the excavation.
(f)
Notice. It shall be
the duty of the permittee to notify the Director of Public Works and all public
and private individuals, firms and corporations affected by the work to be done
at least one (1) business day before such work is to commence. The Director of
Public Works shall also be notified at least four (4) hours prior to
back-filling and/or restoring the surface.
(g)
Pavement Replacement.
(1)
Backfill
material shall be left below the original surface to allow for five (5) inches
of three (3) inch crushed stone and four (4) inches of three-quarter (3/4) inch
crushed stone, plus the thickness of the required pavement structure, If paving
will not occur as part of the initial street restoration operation, the balance
of the opening to the original surface elevation shall be back-filled with
compacted three-quarter (3/4) inch crushed stone.
(2)
Bituminous
pavement shall be placed the full depth of the existing pavement or three (3)
inches, whichever is greater. Bituminous pavement shall be placed in a maximum
of one and one-half (1-1/2) inch layers with each layer compacted to maximum
density and shall consist of Wisconsin Department of Transportation Gradation
No. 1 for the binder course and Wisconsin Department of Transportation No. 3
for the surface course. The finished surface shall be smooth and free of
surface irregularities and shall match the existing pavement and any castings
or street appurtenances. Allowable deviations shall be no more than one-quarter
(1/4) inch as measured with a ten (10) foot straight edge.
(3)
Concrete
pavement shall be placed to the full depth of the existing pavement or seven
(7) inches, whichever is greater. Concrete used shall not contain calcium
chloride. The surface shall be given a light broom finish. The edges shall be
tooled to prevent spalling at the saw cut edge. The surface shall be evenly and
completely sealed with a white pigmented curing compound. The surface shall be
protected from traffic for a minimum of three (3) days. Tie bars shall be
installed as directed by the Department of Public Works.
(4)
In emergency
excavations during winter months when it is not possible to replace the removed
pavement with a like material, the excavation shall be temporarily resurfaced
with a minimum of three and one-half (3-1/2) inches of cold mix bituminous
material. This temporary wearing surface shall be compacted and rolled smooth.
These temporary wearing surfaces shall be removed and replaced with material as
specified above by not later than the following June 1st, except as provided
above. Permanent pavements shall be replaced within sixty (60) days of the date
of the permit.
(h)
Emergency Excavation.
In the event of an emergency, any person, firm or corporation owning or
controlling any sewer, gas main, water main, conduit or other utility in or
under any public street, alley easement, way or ground and his agents and
employees make take immediate proper emergency measures to remedy dangerous
conditions for the protection of property, life, health or safety without
obtaining an excavation permit, provided that such person, firm or corporation
shall apply for an excavation permit not later than the next business day and
shall notify the City Police Department immediately.
(i)
Excavation in New Streets Limited. Whenever the Common Council determines to provide for the
permanent improvement or re-paving of any street, such determination shall be
made not less than one hundred twenty (120) days before the work of improvement
or re-paving shall begin. Immediately after such determination by the Common Council,
the Director of Public Works shall notify in writing each person, utility or
other agency owning real property abutting said street, that all such
excavation work in such street must be completed within one hundred twenty
(120) days. After such permanent improvement or re-paving, no permit shall be
issued to open or excavate said street for a period of five (5) years after the
date of improvement or re-paving unless, in the opinion of the Director of
Public Works, conditions exist which make it absolutely essential that the
permit be issued. Every effort shall be made to place gas, electric, telephone
and television cable lines in street terraces.
(a)
Obstructions and Encroachments Prohibited. No person shall encroach upon or in any way obstruct or
encumber any street, alley, sidewalk, public grounds or land dedicated to
public use, or any part thereof, or permit such encroachment or encumbrance to
be placed or remain on any public way adjoining the premises of which he is the
owner or occupant, except as provided in Subsections (b) and (c).
(b)
Exceptions.
The prohibition of Subsection (a) shall not apply to the following:
(1)
Temporary
encroachments or obstructions authorized by permit under Section 6-2-6 of this
Section pursuant to Sec. 66.045, Wis. Stats.
(2)
Building
materials for the period authorized by the Building Inspector which shall not
obstruct more than one-half (1/2) of the sidewalk or more than one-third (1/3)
of the traveled portion of the street and which do not interfere with the flow
in the gutters.
(3)
Excavations
and openings permitted under Sections 6-2-3 and 6-2-4 of this Code.
(c)
Issuance of Permit.
(1)
The City
Engineer is allowed to authorize property owners to place certain fixtures on
sidewalks which immediately adjoin their property. In determining if a permit
shall be authorized, all of the following requirements must be met:
a.
The property
must be located in an area zoned for commercial uses.
b.
The fixture(s)
shall not be physically attached to the sidewalk, any street fixture or any
adjacent building, and shall be of a temporary design.
c.
The placement
of the fixture shall not impede the flow of pedestrian traffic on the sidewalk.
In no event shall the fixture reduce the unobstructed sidewalk width to less
than five (5) feet at any point.
d.
The property
owner shall provide the City with proof of liability insurance coverage. The
insurance coverage shall be an amount of not less than $100,000 per occurrence
and the policy shall specifically state that it includes coverage for the
fixtures located on the City sidewalks. In addition, the City shall be
identified as a third-party insured.
e.
The fixture(s)
shall not be for sale nor shall the fixture(s) be used for the sale of
merchandise. specifically excluded are all forms of vending machines, vendors
carts or tables, etc.
f.
The property
owner whose property adjoins the City sidewalk shall file the permit
application or authorize the occupant of the subject property to file the
permit application.
g.
The property
owner or the occupant of the subject property shall display the approved permit
in the window of the building so that it can be seen from the sidewalk.
h.
The permittee
shall be required to comply with the bonding requirements of Section 6-2-6(b).
(2)
Upon reviewing
the permit application if it is determined by the City Clerk that all of the
above requirements have been met, he shall issue the permit. Said permit may be
revoked by the Director of Public Works, City Clerk, Building Inspector or any
City law enforcement officer ("City enforcement officials") at any
time when one (1) or more of the above requirements are not complied with or if
he determines that the placement of the fixture(s) endangers the safety of the
pedestrians who utilize the sidewalks.
(d)
Removal by City for Sidewalk Obstructions and Encroachments. In addition to any other penalty imposed, if any City
enforcement official determines that a sidewalk is unlawfully obstructed in
violation of this Section, he shall issue a written notice to the owner or
occupant of the premises which adjoins the obstructed sidewalk directing that
the obstruction be removed within twenty-four (24) hours.
(e)
Removal by City for Obstruction and Encroachments Located in
the City Streets, Alleys, Public Grounds or Lands Dedicated for Public Use. In addition to any other penalty imposed, if any City
enforcement official determines that a City street, alley, public grounds or
land dedicated for public use is obstructed or encumbered, he shall issue a
written notice to the property owner of the premises which adjoin the
obstructed public area directing that the obstruction be removed within
twenty-four (24) hours.
(f)
Failure to Remove Obstruction.
(1)
If the owner
or occupant fails to remove the obstruction within the time period established
in Section (d) or (e) respectively, any City enforcement official shall cause
the removal of the obstruction, keeping an account of the expense of the
abatement, and such expenses shall be charged to and paid by such property
owner. Notice of the bill for abatement of the obstruction shall be mailed to
the owner of the premises and shall be payable within ten (10) calendar days
from receipt thereof. Within sixty (60) days after such costs and expenses are
incurred and remain unpaid, the City Clerk shall enter those charges onto the
tax roll as a special tax as provided by the State Statutes.
(2)
The failure of
the City Clerk to record such claim or to mail such notice or the failure of
the owner to receive such notice shall not affect the right to place the City
expense on the tax rolls for unpaid bills for abating the obstruction as
provided for in this Section
(a)
When Required.
Permits for the use of the streets, alleys, sidewalks or other public ways or
places of the City may be granted to applicants by the City Clerk 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 Section and has obtained a building permit
if required by this Code of Ordinances. The City Clerk shall request advisory
recommendations from the Chief of Police, Director of Public Works and Building
Inspector prior to issuance of the permit. City officials may attach conditions
to the permit, including proof of liability insurance.
(b)
Bond. No street
privilege permit shall be issued until the applicant shall execute and file
with the City Clerk a bond in an amount determined by the Director of Public
Works not exceeding Twenty Thousand Dollars ($20,000.00), conditioned that the
applicant will indemnify and save harmless the City from all liability for
accidents or damage caused by reason of operations under said permit and will
remove such encumbrance upon termination of the operations and 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 City
resulting from such building or moving operations.
(c)
Fee. The fee for a
street privilege permit shall be in the sum of Ten Dollars ($10.00), plus any
actual City costs.
(d)
Conditions of Occupancy.
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 or moving of buildings or structures and shall be
given upon the following terms and conditions and subject to revocation without
notice by the Director of Public Works, Chief of Police or Building Inspector
for violation thereof:
(1)
Such temporary
obstruction shall cover not more than one-third (1/3) of any street or alley.
(2)
Obstructions
shall be sufficiently lighted at night so as to be in full view of the public from
all directions.
(3)
Sidewalk
traffic shall not be interrupted, but temporary sidewalks of not less than four
(4) feet in width guarded by a closed fence at least four (4) feet high on both
sides may be maintained during the period of occupancy.
(4)
The process of
moving any building or structure shall be as continuous as practicable until
completed and, if ordered by the Chief of Police and Director of Public Works,
shall continue during all hours of the day and night.
(5)
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.
(6)
Buildings
shall be moved only in accordance with the route prescribed by the Director of
Public Works and Chief of Police.
(7)
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.
(e)
Termination.
All street privilege permits shall automatically terminate at the end of three
(3) months from the date of issuance unless an earlier termination date is
specified thereon at the direction of the City Clerk.
(f)
Removal by City.
In addition to any other penalty imposed, if the owner or occupant of the
premises adjoining any lawfully obstructed sidewalk shall remove or neglect to
remove such obstruction within twenty-four (24) hours after such notice from
the Director of Public Works, Chief of Police or Building Inspector to do so,
it shall be the duty of the Director of Public Works, Chief of Police or
Building Inspector to remove such obstruction and make return of the costs and
expenses thereof to the City Clerk who shall enter such cost on the next annual
tax roll as a special charge against the property abutting such obstructed
sidewalk, and such sum shall be levied and collected as other special taxes
against real estate.
State Law Reference:
Section 66.045,
(a)
Removal From Sidewalks and/or Curb Ramps for the
Handicapped. The owner and/or
his/her agent, occupants or person in charge of any building, property, parcel
or lot in the City of Glendale which fronts upon or adjoins any sidewalk and/or
curb ramps for the handicapped shall keep said sidewalk and/or curb ramps for
the handicapped, clear of all snow and ice. In the event of snow accumulating
on said sidewalk and/or curb ramps for the handicapped due to natural means
and/or by any other means, said sidewalks and/or curb ramps for the handicapped
shall be cleared of all accumulated snow and/or ice within twenty-four (24)
hours from the time the snow ceases to accumulate on said sidewalk and/or curb
ramps for the handicapped. Sidewalks and/or curb ramps for the handicapped are
to be kept clear of snow and ice to a minimum of four (4) feet in width in all
areas of the City, except in any R1 to and through R7 and R7A zoning districts,
in which sidewalks and/or curb ramps for the handicapped are to be kept clear
of snow and ice to a minimum of two (2) feet in width. In the event that ice
has formed in such a manner that it cannot be removed, the owner and/or his/her
agent, occupant or person in charge of the building, property, parcel or lot
which fronts upon or adjoins said sidewalk and curb ramps for the handicapped
shall keep the sidewalk and/or curb ramps for the handicapped sprinkled with
sand and/or salt to permit safe travel by pedestrians.
(b)
Notice. Property owners, occupants, or managers on
(c)
Snow and Ice Not to Encroach. No person shall push, shovel or in any way deposit any snow
or ice onto any public street, alley, sidewalk, curb ramp for the handicapped
or public land dedicated to public use except for property, parcels or lots
located where existing buildings are constructed within five (5) feet of the
street right-of-way and the sidewalks and/or curb ramps for the handicapped
exist from the City right-of-way to the curb line. In such instances, the
owner(s) and/or their agent(s), occupants and/or person in charge or employees
of said property, parcels or lots shall be permitted to deposit snow and ice
from their sidewalks and/or curb ramps for the handicapped onto the public
streets.
(d)
Enforcement.
The Director of Public Works, his/her designees and all sworn City police
officers are hereby authorized and directed to enforce the provisions of this
Section.
(e)
Non-Compliance and City Removal of Snow from Sidewalks and
Curb Ramps for the Handicapped.
If the owner(s) and/or their agent(s), occupant or person in charge of any
building, property, parcel or lot which fronts upon or adjoins any sidewalk
and/or curb ramps for the handicapped shall fail to keep said sidewalk and/or
curb ramps for the handicapped clear of snow and ice as set forth in Subsection
(a), the Director of Public Works or City law enforcement officers shall
immediately cause the removal of the snow and/or ice. Non-compliance shall be
deemed a hazard, and the City shall remediate such hazard and charge the costs
to the property in accordance with Subsection (g) hereafter.
(f)
Continued Violations.
Each twenty-four (24) hour period when a violation occurs shall constitute a
separate offense under this Section for enforcement purposes. Repeated
violations or subsequent additional accumulations of snow and/or ice shall not
nullify any pending violation under this Section.
(g)
Cost and Expense of City Snow and/or Ice Removal. An account of the costs and expenses incurred by the City
to abate a snow and/or ice hazard, including any administrative expenses
accrued in enforcing this Section, shall be kept, and such costs and expenses
shall be charged to and paid by the property, parcel or lot owner. Notice of
the bill for the City's removal of snow and/or ice shall be mailed to the
last-known address of the owner of the property, parcel or lot, and shall be
payable within ten (10) calendar days from the receipt thereof. If said
expenses remain unpaid after sixty days, the City Clerk shall enter those
charges onto the tax roll as a special tax as provided by Sec. 66.615(5), Wis.
Stats.
(h)
Penalty. In addition
to the provisions set forth in this Section, any person, firm or corporation
which violates the provisions of this Section shall be subject to a penalty as
provided in Section 1-1-7 of this Code of Ordinances.
State Law Reference:
Secs. 66.60(16) and 66.615(3)(0 and (5),
(a)
Definition.
The definition of "terrace" shall be as defined in Section 6-4-2(e).
(b)
Noxious Weeds; Paving.
All that part of the terrace not covered by a sidewalk shall be kept free and
clear of all noxious weeds and shall not be paved, surfaced or covered with any
material which shall prevent the growth of plants and shall be maintained as a
lawn, except in areas specifically approved by the Common Council or its
designee.
(c)
Responsibility to Maintain. Every owner of land in the City whose land abuts a terrace
is required to maintain, or have maintained by his tenant, the terrace directly
abutting such land as provided in this Section and elsewhere in this Code.
Every owner shall keep mailboxes located on a terrace free and clear of snow.
Cross Reference:
Title 6, Chapter 4.
All
vaults and cisterns under sidewalks shall be prohibited.
No
downspouts from any building shall terminate on or upon, or in such position
that the contents of such spout be cast upon or flow back or over any public
sidewalk in the City. When the eaves of a building extend over or are so
constructed that water may fall therefrom or run back upon any public sidewalk,
such eaves shall be so protected by proper spouts or otherwise that no water
shall fall or drain therefrom or run back upon or over any public sidewalk. The
owner or owners of any building and the officers of any association or
corporation owning any building on which any spouts or the eaves thereof shall
be maintained contrary to this Section shall be subject to a penalty as
provided in Section l-1-7 of this Code of Ordinances.
(a)
Street Sales Prohibited Except by Permit. No person shall display, sell or offer to sell on any
street, sidewalk, alley or other public place within the City any goods, wares,
foodstuffs or anything of value or service of any kind by putting up a booth or
stopping a vehicle or person on foot or in any other manner attempting to
publicly sell or offer for sale any such articles, unless such person shall
have first applied for and obtained a special event vending permit from the
City Clerk. Such permit shall enable holders to conduct their business in all
enumerated areas subject to the limitations of this Section. A special event
vending permit shall be obtained where the vending is done by a participant in
a special event and where such vending is an integral part of the event.
However, where the vending is to occur in connection with a City or area-wide
promotion of community trade or festival sponsored or coordinated by an
organization, the sponsoring organization shall obtain the special event
vending permit as agent for its participating members.
(b)
Procedure.
(1)
Application
for a special event vending permit shall be filed with the City Clerk and shall
contain such information as the City Clerk may require. Licenses shall be
signed by the City Clerk and shall be conspicuously displayed at the place
where such sales are being made. The permit shall set forth the exact days on
which and the exact location where such business shall be carried on and shall
be valid only during the dates and at the locations specified. Where a
sponsoring organization is the applicant, the applicant shall provide the City
Clerk with a complete list of sponsors and participants at the time of making
application.
(2)
Upon receipt
of an application for a permit, the City Clerk shall review the information
given on the application for conformity with the provisions of this Section. If
all the applicable requirements are clearly and unambiguously met in the City
Clerk's opinion, he shall approve the permit or approve it conditionally. If
the applicable requirements are not clearly and unambiguously met in the City
Clerk's opinion, he shall state the matters in doubt in writing to the
applicant within three (3) days of the time of making application.
(3)
The Common
Council shall review appeals of the denial of the application by the City Clerk
and may either deny the permit, approve the permit or approve the permit
conditionally. Appeals requests shall be filed with the City Clerk within seven
(7) days of the Clerk's decision.
(c)
Conditions of License.
In addition to any other conditions imposed by the Common Council, all
permittees shall fully comply with the following requirements:
(1)
Liability
Insurance. To hold a valid
permit, the vendor must have in force adequate liability insurance. Adequate
liability insurance is liability insurance holding the City and its employees
and agents harmless and to indemnify and defend the City, its employees and
agents against all claims, liability, loss, damage or expense incurred by the
City with adequate liability policy limits on account of any damage caused by
or resulting from the activities for which the permit is granted. As evidence
of the applicant's ability to perform this condition of the permit, the
applicant shall furnish a Certificate of Insurance evidencing the existence of
comprehensive general liability insurance (including contractual liability
insurance with the City being named as an additional insured). Adequate
liability limits means minimum limits of One Hundred Thousand Dollars
($100,000.00) per occurrence for bodily injury and minimum limits of Fifty
Thousand Dollars ($50,000.00) per occurrence for property damage. The Certificate
of Insurance shall provide thirty (30) days' written notice to the City upon
cancellation, or non-renewal or material change in the policy. Proof of
insurance shall be submitted to the City Clerk a minimum of seven (7) days
before the start of the event.
(2)
Cooperation
with Law Enforcement Officials.
To protect the public health and safety, the permittee shall coordinate with
the Chief of Police the location of all events under the permit. Street and
sidewalk encroachments, booth locations and special parking provisions shall be
submitted to the Chief of Police for his review and approval a minimum of seven
(7) days before the start of the event.
(3)
Clean-up. The permittee shall be fully responsible for all necessary
clean-up associated with the licensed event.
(4)
Compliance
with Other Regulations. The permittee
shall comply with all applicable state and county regulations governing health
and sanitation for food-handling establishments, if applicable, and any other
applicable City regulations, including, but not limited to, regulations
pertaining to the issuance of Special Class "B" Fermented Malt
Beverage Licenses.
Requests
or petitions by City property owners for new streets, street resurfacing, curb
and gutter, storm sewers, utility work and sidewalks shall be presented to the
Common Council on or before August 1st to be considered for installation in the
following year.
In
the interests of public safety, health and general welfare, community
appearance and efficiency of operation, it shall be unlawful to rake or place
fallen tree leaves or grass clippings onto the pavement or into the gutter of
any public street. No person shall permit grass clippings from mower swaths to
remain upon sidewalks or on abutting property. The provisions of this Section
may be suspended by the Common Council.
It
shall be unlawful for any person to deposit or cause to be deposited, dump,
sort, scatter or leave any rubbish, stone, wire, earth, ashes, cinders,
sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves,
construction waste, garbage or other offensive or noxious material in any
public street, sidewalk, alley, or upon any public property or upon any
property of another without the express permission of the owner of occupant
thereof.
(a)
Buildings to
(b)
Street Numbers to Be Displayed. The owner, occupant, or agent in charge of the premises
shall cause to be affixed and to be maintained when so affixed to each
principal building controlled by him the official street number assigned to
that building as provided in (a) hereof. The physical numbers provided herein
shall be not less than two and one-half (2-1/2) inches high on a background of
not less than three (3) inches. Said physical numbers shall be provided by the
City Clerk's office if requested, at cost. Each required number shall be
affixed on the particular building in such a location that it may be easily and
readily seen by a person of ordinary eyesight on the public street or highway
upon which the building abuts. For buildings abutting also on a public alley,
the street number shall also be affixed in such location that it may be seen in
like manner from such alley.
No
person shall in any manner obstruct or cause to be obstructed the free passage
of water in any public gutter, ditch, culvert, swale or drain or place or cause
to be placed any rubbish, dirt, sand, gravel or any other matter or thing so
that the same is likely to be carried by the elements into any public gutter,
ditch, culvert, swale or drain.
(a)
No person
shall place or deposit any tree or part thereof or any foliage, leaves, grass
clippings, dirt, earth, stone, sand, ground, broken concrete or any similar
materials or substances in the
(b)
No person
shall construct or erect any pier, retaining wall, wharf or any other
structure, nor fill in any part of the Milwaukee River without first applying
for and obtaining a permit from the City of Glendale. Such permit shall be
issued by the Building Inspector upon application being duly made on a form
provided by the City, which shall be signed by the owner of the premises and
which shall be accompanied by plans of the proposed river filling, retaining
wall or structure and a survey map prepared by a registered surveyor,
containing on its face the certificate of such surveyor as to accuracy. No
permit shall be issued until such application shall have been submitted to and
approved by the Common Council. Provided that if the original permit is for a
seasonal or temporary structure, the duration of the permit shall be for one
year. Permits for such seasonal structures shall be automatically renewed for
successive periods of one year each, after the expiration thereof, and shall
permit reconstruction and maintenance for such successive periods of one year,
provided such structure is reconstructed in its identical form and location. At
renewal time for such permit, the Building Inspector shall make an
investigation of each such seasonal or temporary structure for the purpose of
ascertaining if the same is so reconstructed and located. The Common Council
shall not approve any permit if it shall appear to it that the river filling or
any structure proposed to be constructed or erected will materially interfere
with navigation on said river or be likely to cause or contribute to the
flooding of lands adjacent to the river within the City of
(c)
If any tree,
structure or other obstruction falls or has fallen from adjacent land into, or
partially into, the
(d)
In the event
such tree, structure or obstruction shall not be so immediately removed, the
Director of Public Works shall give written notice to the owner of the lands
involved, at his last known address, and to the person in possession of said
lands, to remove said tree, structure or other obstruction from the river
within ten (10) days of the giving of such notice. If such tree, structure or
other obstruction be not removed at the expiration of said ten (10) days, the
Director of Public Works shall remove or cause to be removed such tree,
structure or other obstruction, and for this purpose he is authorized to enter
onto the land from which the tree, structure or other obstruction has fallen.
An accurate record of the expense of removing such tree, structure or other
obstruction shall be made and report thereof given to the City Clerk, who shall
enter the amount of the expense of such removal against the respective real
estate on the next and subsequent tax roll as a special tax against such real
estate and the same shall be ,collected in all respects like other City taxes
on real estate.
6.3.1 Driveway Permit
Required
6.3.2 Driveway
Location, Design and Construction Requirements
(a)
Purpose. For the
safety of the general public, the City shall determine the location, size,
construction and number of access points to public roadways within the City
Limits, through the administration of this Section by the Building Inspector.
It is the City's intent to provide safe access to properties abutting public
roadways suitable for the property to be developed to its highest and best use,
provided that access is not deficient or dangerous to the general public.
(b)
Permit Required to Construct, Reconstruct, Alter or Enlarge. No person, firm or corporation shall construct,
reconstruct, alter or enlarge any private driveway within the limits of the
dedicated portion of any public street under the control and jurisdiction of
the City of
(c)
Application.
Application for such permit shall be made to the Director of Public Works on a
form provided by said Director of Public Works and shall be accompanied by a
drawing accurately depicting the portion of the proposed private driveway to be
constructed, reconstructed, altered or enlarged lying within the dedicated
portion of the public street, the dimensions thereof and a statement of the
materials proposed to be used. The applicant shall pay a fee of Twenty-Five
Dollars ($25.00). Upon receipt of the application and the fee if required,
unless the proposed private driveway is a part of construction for a building
or other structure for which a building permit has been applied for, in which
case no additional fee is required, the Director of Public Works shall approve
such application if the proposed driveway complies with the terms and
conditions of this and any other applicable City ordinance.
(d)
Application Provisions.
All driveway permit applications shall contain the applicant's statement that:
(1)
The applicant
represents all parties in interest, and that such proposed driveway is for the
bona fide purpose of securing access to his property and not for the purpose of
parking for hire or servicing vehicles, advertising: storage or merchandising
of goods within the dedicated portion of the City street, or for any other
purpose.
(2)
The City,
notwithstanding the construction of such driveway, reserves the right to make
any changes, additions, repairs or relocations within the dedicated portion of
the City street at any time, including relocation, reconstruction, widening and
maintaining the street without compensating the owner of such private driveway
for the damage or destruction of such private roadway.
(3)
The permittee,
his successors or assigns, agrees to indemnify and hold harmless the City of
(4)
The City does
not assume any responsibility for the removal or clearance of snow, ice or
sleet or the opening of any windrows of such material upon such portion of such
driveway within the dedicated portion of the City street.
(a)
General Requirements.
The location, design and construction of driveways shall be in accordance with
the following:
(1)
General
Design. Private driveways
shall be of such width and so located that all of such driveways and their
appurtenances are within the limits of the frontage abutting the street of the
property served. Driveways shall not provide direct ingress or egress to or
from any street intersection area and shall not encroach upon or occupy areas
of the street right-of-way required for effective traffic control or for street
signs or signals. A driveway shall be so located and constructed that vehicles
approaching or using it shall have adequate sight distance along the street.
(2)
Number. The number of driveways to serve an individual property
fronting on a street shall be the minimum deemed necessary by the Director of
Public Works for reasonable and adequate service to the property, considering
the safety, convenience, and utility of the street.
(3)
Island Area. The island area in the street right-of-way between
successive driveways or adjoining a driveway and between the highway shoulder
and right-of-way shall constitute a restricted area and may be filled in and
graded only as provided in Subsection (7).
(4)
Drainage. The surface of the driveway connecting with rural type
street cross sections shall slope downward and away from the highway shoulder a
sufficient distance to preclude ordinary surface water drainage flowing onto
the street roadbed.
(5)
Culverts. Driveways shall not obstruct or impair drainage in street
ditches or roadside areas. Driveway culverts, where required, shall be adequate
for surface water drainage along the street and shall not be less than the
equivalent of a 12-inch diameter pipe. The distance between culverts under
successive driveways shall not be less than ten (10) feet except as such
restricted area is permitted to be filled in pursuant to the provisions of
Subsection (7) hereof.
(6)
Reconstruction
of Sidewalks and Curb and Gutter.
When the construction of a driveway requires the removal of a curb or gutter
the new connections shall be of equivalent acceptable material and curb returns
shall be provided or restored in a neat, workmanlike manner. The driveway
surface shall be connected with the highway pavement and the sidewalk, if any,
in a neat, workmanlike manner. The driveway construction shall include the
replacement of such sidewalk areas which are inadequate or which are or may be
damaged by means of vehicle travel across the sidewalk.
(7)
Restricted
Areas. The restricted area
between successive driveways may be filled in and graded only when the
following requirements are complied with:
a.
The filling or
draining shall be to grades approved by the Director of Public Works and,
except where highway drainage is by means of curb and gutter, water drainage of
the area shall be directed away from the street roadbed in a suitable manner.
b.
Culvert
extensions under the restricted area shall be of the same size and of
equivalent acceptable material as the culvert under the driveway. Intermediate
manholes adequate for clean-out purposes may be required where the total
culvert length is excessive.
c.
Where no
street side ditch separates the restricted area from the street roadbed,
permanent provision may be required to separate the area from the street
roadbed to prevent its use for driveway or parking purposes by construction of
a border, curb, rail or posts as may be required by the Director of Public
Works.
(8)
Variances. Any of the above requirements may be varied by the Director
of Public Works in such instances where the peculiar nature of the property or
the design of the street may make the rigid adherence to the above requirements
impossible or impractical.
(b)
Special Requirements for
(1)
Width of
Drive. No part of a private
driveway located within the dedicated portion of a public street shall, except
as hereinafter provided, have a width greater than thirty (30) feet measured at
right angles to the center line of said driveway, except as increased by
permissible radii. In instances where the nature of the commercial or
industrial activity or the physical characteristics of the land would require a
driveway of greater width than herein specified, the Director of Public Works
in his discretion may permit a driveway of additional width.
(2)
Return Radii. No return radius projected between the edge of the street
cement and the driveway shall be greater than twenty (20) feet. Wherever
possible, these radii shall be set pursuant to the regulations provided in
Subsections (b)(1), (3) and (4).
(3)
Angular
Placement of Driveways. The angle
between the center line of a private driveway providing for two-way traffic and
the edge of the street pavement shall not be less than 45°. Where suitable
precautions are taken or a one-way operation along divided streets permits only
one-way operation of a private driveway, the angle of the entrance driveway to
the permittee's property may be decreased. The angle of the exit driveway with
the street pavement shall be not less than 45°.
(4)
Island Areas.
a.
An island of a
minimum length of eight (8) feet shall be maintained between driveways serving
the same premises. The length of such island shall be measured along a line ten
(10) feet from and parallel to the edge of the public pavement. The permit
shall specify that the island area, if less than twenty (20) feet in length or
ten (10) feet in width, shall be defined by curbs, posts, boulders, masonry,
walls, guard rail or equivalent. Materials used to define the island, except
concrete curbs, shall be painted white. The public street side of the island
shall not be less than ten (10) feet from the pavement edge. The private
property side of the island shall be at the right-of-way line.
b.
The area
within five (5) feet of a side lot line shall be a restricted area over which
no private driveway may be developed. The 5-foot restricted area shall be
measured parallel to the street pavement edge and shall be effective between
the right-of-way line and a line five (5) feet from and parallel to the street
pavement edge. The. purpose of this restricted area is to provide an island
area in the event than an adjoining property owner shall apply for a permit to
construct a private driveway to his premises.
(c)
Special Requirements for
(1)
Width of
Drive. No part of a private
driveway located within the dedicated area of a public street shall, except as
hereinafter provided, have a width greater than thirty (30) feet measured at
right angles to the center line of said driveway, except as increased by
permissible radii. In instances where the nature of the commercial or industrial
activity or the physical characteristics of the land would require a driveway
of greater width than herein specified, the Director of Public Works in his
discretion may permit a driveway of additional width.
(2)
Return Radii. The return radii projected between the line of the face of
the street curb and the driveway shall be determined by the Director of Public
Works who shall make such determination after considering the type of traffic
and the regulations provided in Subsections (c)(1) and (4). In all cases, the
entire driveway flare shall fall within the public right-of-way.
(3)
Angular
Placement of Driveway. The angle
between the center line of the driveway and the curb line shall not be less
than 45°.
(4)
Island Areas. Where the public sidewalk is adjacent to the curb, an
island of a minimum length of six (6) feet measured along the curb line shall
be placed between each entrance to a City street. The curb shall be left intact
for the length of this island. Where the public sidewalk is remote from the
curb, an island of a minimum length of ten (10) feet measured along the
right-of-way line shall be maintained along each entrance to the City street.
All flares shall be tangent to the curb line. A curb length of not less than
three (3) feet shall be left undisturbed adjacent to each property line to
serve as an island area in the event an adjoining property owner applies for a
driveway permit to serve his property.
(d)
Special Requirements for Non-Commercial-Rural Type Street
Cross Section. The following
regulations are applicable to driveways serving residential or farm properties:
(1)
Width of
Drive. No non-commercial
driveway or combination of driveways within a dedicated portion of a public
street shall have a width less than sixteen (16) feet or greater than twenty (20)
feet except as increased by permissible radii.
(2)
Return Radii. No return radius projected between the edge of the street
pavement and the driveway shall be greater than twenty (20) feet.
(3)
Angular
Placement. The center line of
that part of the driveway lying within the street right-of-way shall, wherever
possible, be approximately at right angles to the pavement.
(e)
Special Requirements for Non-Commercial Urban
(1)
Width of
Driveways. No portion of a
non-commercial driveway or combination of driveways located within a dedicated
portion of a public street shall have a width greater than sixteen (16) feet
measured at right angles to the center line of the driveway, except as
increased by permissible radii.
(2)
Return Radii. The radius of the return connecting the line of the street
curb face and the edge of the driveway shall not exceed four (4) feet. In all
cases the entire flare shall fall within the right-of-way of the street.
(3)
Angular
Placement. The center line of
the drive may be parallel to the property line of the lot where access is
required or at right angles to the curb line.
(f)
Appeal from Permit Refusal. Any person feeling himself aggrieved by the refusal of the
Director of Public Works to issue a permit for a private driveway may appeal
such refusal of the Director of Public Works to the Board of Appeals within
twenty (20) days after such refusal to issue such permit is made. Such appeal
shall be governed by the provisions of the Glendale Building Code.
(g)
Prohibited Driveways.
(1)
No person,
firm or corporation shall place, construct, locate in, or cause to be placed,
constructed or located in, any obstruction or structure within the limits of
any public road, highway or street in the City of Glendale except as permitted
by this Section. As used herein the word “structure” includes private
driveways, a portion of which extends into any public road, highway or street,
and which is in non-conformance with this Chapter.
(2)
That portion
of private driveways or pedestrian paths located within the. limits of any
public road, highway or street, or alley, shall be constructed of gravel,
crushed stone, asphalt, macadam or similar materials, and in no case shall
concrete be used, except where approved permanent concrete curb and gutter or
sidewalk has been constructed fronting upon the lot or parcel of land which
such driveway is to serve.
(3)
The grade of
that portion of any private driveway or pedestrian path located within the limits
of any public road, highway or street shall be such as shall meet the grade of
the existing public roadway at its edge and not cause an obstruction to the
maintenance or clearing of such public roadway.
(4)
No portion of
any curb, parapet or retaining wall, rising above the grade of the driveway,
erected by the owner of the premises involved shall extend beyond the culvert
spanning the water course located in such public way.
6.4.1 Statement of
Policy and Applicability of Chapter
6.4.2 Definitions
6.4.3 Authority
of City Forester to Enter Private Premises
6.4.4 Interference
with City Forester Prohibited
6.4.5 Abatement of
Tree Disease Nuisances
6.4.6 Assessment of
Costs of Abatement
6.4.7 Permit
for Planting, Maintenance and Removal of Trees and Shrubs
6.4.8 Planting of
Trees and Shrubs
6.4.9 Trimming
6.4.10 Trees
and Shrubbery Obstructing View at Intersections or View of Traffic Signs
6.4.11 Removal of Trees
and Stumps
6.4.12 Prohibited Acts
6.4.13 Appeal from
Determinations and Orders
6.4.14 Adoption of State
statutes
(a)
Intent and Purpose.
It is the policy of the City to regulate and establish policy for the control
of planting, removal, maintenance and protection of trees and shrubs in or upon
all public areas and terrace areas of the City to eliminate and guard against
dangerous conditions which may result in injury to persons using the streets,
alleys, sidewalks or other public areas; to promote and enhance the beauty and
general welfare of the City; to prohibit the undesirable and unsafe planting,
removal, treatment and maintenance of trees and shrubs located in public areas;
and to guard all trees and shrubs both public and private within the City
against the spread of disease, insects or pests.
(b)
Application.
The provisions of this Chapter shall apply to trees and shrubs growing or
hereafter planted in or upon public areas and terrace areas and also to all
trees and shrubs growing or to be planted in or upon any private premises which
shall threaten the life, health, safety or welfare of the public or of any
public areas.
Whenever
the following words or terms are used in this Chapter, they shall be construed
to have the following meanings:
(a)
Person.
"Person" shall mean person, firm, association or corporation.
(b)
Public Areas.
"Public Areas" includes all public parks and other lands owned,
controlled or leased by the City except the terrace areas.
(c)
Public Trees and Shrubs.
"Public Trees and Shrubs" means all trees and shrubs located or to be
planted in or upon public areas.
(d)
Public Nuisance.
“Public Nuisance" means any tree or shrub or part thereof which, by reason
of its condition, interferes with the use of any public area; infected with a
plant disease; infested with injurious insects or pests; injurious to public
improvements or endangers the life, health, safety or welfare of persons or
property.
(e)
Boulevard or Terrace Areas. "Boulevard or Terrace Areas" means the land
between the location of the edge of the street and the property line.
(f)
Major Alteration.
Trimming a tree beyond necessary trimming to comply with this Chapter.
(g)
Shrubs.
"Shrubs" shall mean any woody vegetation or a woody plant having
multiple stems and bearing foliage from the ground up.
(h)
Tree.
"Tree" shall mean any woody plant, normally having one stem or trunk
bearing its foliage or crown well above ground level to heights of sixteen feet
or more.
(i)
Evergreen Tree.
"Evergreen Tree" shall mean any woody plant normally having one stem
or trunk and bearing foliage in the form of needles and crowns which extend
from ground level throughout its entire height.
(j)
Forester.
Person designated by the Common Council as authorized to carry out provisions
of this Chapter.
(a)
The Common
Council may designate a municipal employee or citizen to perform the duties of
Forester under Chapter 27, Wis. Stats., and may authorize such Forester to
perform the duties and exercise the powers imposed on the Common Council by
this Chapter. The City Forester shall annually be appointed by the Mayor,
subject to Council confirmation, at the Council's organizational meetings.
(b)
The City
Forester or his authorized representative may enter upon private premises at
all reasonable times for the purpose of examining any tree or shrub located
upon or over such premises and carrying out any of the provisions of this
Chapter. If consent to entry to personal or real properties which are not
public buildings or to portions of public buildings which are not open to the
public for inspection purposes has been denied, the City Forester shall obtain
a special inspection warrant under Sections 66.122 and 66.123, Wis. Stats.
No
person shall interfere with the City Forester or his authorized representative
while they are engaged in carrying out any work or activities authorized by
this Chapter.
(a)
Dutch Elm and Other Tree Diseases a Public Nuisance. Whereas the Common Council has determined that there are
many trees growing on public and private premises within the City, the loss of
which would substantially depreciate the value of public and private property,
impair the use and enjoyment of public and private premises and erode the tax
base of the City, and that the health and life of such trees is threatened by
fatal diseases such as Dutch Elm disease, which is spread by the elm bark
beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes
(Marsh.), the Common Council hereby declares its intention to control and
prevent the spread of such disease and the insect pests and vectors which carry
such diseases and specifically declares Dutch Elm disease and the elm bark
beetles which carry such disease to be public nuisances.
(b)
Definitions.
As used in this Section, unless otherwise clearly indicated by the context:
(1)
"Public
Nuisance" means:
a.
Dutch Elm
disease.
b.
Elm bark
beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes
(Marsh.).
c.
Any living or
standing elm tree or part thereof infected with the Dutch Elm disease fungus or
in a weakened condition which harbors any of the elm bark beetles, Scolytus
multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).
d.
Any dead elm
tree or part thereof, including logs, branches, stumps, firewood or other elm
material from which the bark has not been removed and burned or sprayed with an
effective elm bark beetle destroying concentrate.
e.
Any other
deleterious or fatal tree disease.
f.
Any tree or
part thereof which by reason of its condition and location is hazardous or
dangerous to persons and property using or upon any public street, sidewalk,
alley, park or other public place, including the terrace strip between curb and
lot line.
g.
Any tree or
part thereof which is infested by the eastern tent cater- pillar or other
defoliating larvae.
(2)
"Public
property" means owned or controlled by the City, including without
limitation because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot line and
the curb or improved portion of any public way.
(3)
"Person"
means person, firm or corporation.
(c)
Inspection.
(1)
The City
Forester, pursuant to Sec. 27.09, Wis. Stats., shall have the right to inspect
trees, vines, hedges, plants, logs and branches within the City of
(2)
Whenever necessary
to determine the existence of Dutch Elm disease or elm bark beetles in any
tree, the person inspecting such tree shall remove or cut specimens from the
tree in such manner as to avoid fatal injury thereto and deliver such specimens
to the Forester who shall forward them to the Wisconsin Department of
Agriculture at Madison for analysis to determine the presence of such
nuisances.
(3)
The Forester
and his/her agents or employees shall have authority to enter upon private
premises at reasonable times for the purpose of carrying out any of the
provisions of this Section.
(d)
Abatement of Nuisances; Duty of Forester.
(1)
The Forester
shall order, direct, supervise and control the abatement of public nuisances as
defined in this Section by spraying, removal, burning or by other means which
he determines to be necessary to prevent as fully as possible the spread of
Dutch Elm disease fungus, other deleterious tree diseases or the insect pests
or vectors known to carry such diseases.
(2)
Whenever the
Forester after inspection or examination shall determine that a public nuisance
as herein defined exists on public property in the City, the City Forester
shall immediately abate or cause the abatement of such nuisance in such manner
as to destroy or prevent as fully as possible the Elm disease, other
deleterious tree diseases, or the inspect pests or vectors known to carry such
disease fungus.
(3)
a.
When the
Forester shall determine with reasonable certainty that a public nuisance
exists upon private premises, he shall immediately serve or cause to be served
personally or by registered mail upon the owner of such property, if he can be
found, or upon the occupant thereof, a written notice of the existence of such
nuisance and of a time and place for a hearing, not less than fourteen (14)
days after service of such notice, on the abatement action to be taken. Such
notice shall describe the nuisance and recommend procedures for its abatement,
and shall further state that unless the owner shall abate the nuisance in the
manner specified in the notice, or shall appear at the hearing to show that
such nuisance does not exist or does not endanger the health of trees in the
City, the Forester shall cause the abatement thereof at the expense of the
property served. If the owner cannot be found, such notice shall be given by
publication in a newspaper of general circulation in the City.
b.
If, after
hearing held pursuant to this Subsection, it shall be deter- mined by the
Common Council that a public nuisance exists, it shall forthwith order the
immediate abatement thereof. Unless the property owner abates the nuisance as
directed within five (5) days after such hearing, the Forester shall proceed to
abate the nuisance and cause the cost thereof to be assessed against the
property in accordance with the procedures provided in this Section. The
Forester may extend the time allowed the property owner for abatement work but
not to exceed ten (10) additional days.
(e)
Spraying.
(1)
Whenever the
Forester shall determine that any tree or .part thereof is infected with a
deleterious or fatal tree disease or is in a weakened condition or harbors elm
bark beetles, he may cause all trees within a one thousand (1,000) foot radius
thereto to be sprayed with an effective disease destroying concentrate or other
insecticide.
(2)
In order to
facilitate the work and minimize the inconvenience to the public of any
spraying operations conducted under this Section, the Forester shall cause to
be given advance public notice of such operations by newspaper, radio,
television, public service announcements or other effective means and shall
also cause the posting of appropriate warning notices in the areas and along
the streets where trees are to be sprayed at least twenty-four (24) hours in
advance of spraying. When any residue or concentrate from municipal spraying
operations can be expected to be deposited on any public street, the Forester
shall also notify the Chief of Police, who shall take all necessary steps to
make and enforce temporary parking and traffic regulations on such streets as
conditions require. temporary “no parking" notices shall be posted in each
block of any affected street at least twenty-four (24) hours in advance of
spraying operations.
(3)
When
appropriate warning notices and temporary "no parking" notices have
been given and posted in accordance with Subsection (b) of this Section, the
City shall not allow any claim for damages to any vehicle caused by such
spraying operations.
(4)
When trees on
private property are to be sprayed, the Forester shall notify the owner of such
property and proceed in accordance with the requirements of Subsection (d)(3).
(a)
The entire
cost of abating any public nuisance or spraying trees as defined herein shall
be charged to and assessed against the parcel or lot abutting on the street,
alley, terrace, boulevard or parkway upon or in which such tree is located or
the parcel or lot upon which such tree stands in accordance with Section
66.60(16) or Section 27.09, Wis. Stats. The cost of abating any such nuisance
or part thereof which is located in or upon any park shall be borne by the
City.
(b)
The cost of
abating a public nuisance or spraying elm trees or elm wood located on private
premises when done at the direction and under the supervision of the Forester shall
be assessed to the property on which such nuisance, tree or wood is located as
follows:
(1)
The Forester
shall keep a strict account of the cost of such work or spraying and the amount
chargeable to each lot or parcel and shall report such work, charges,
description of lands to which charged and names and addresses of the owners of
such lands to the Common Council on or before October 15 of each year.
(2)
Upon receiving
the Forester's report, the Council shall hold a public hearing on such proposed
charges, giving at least fourteen (14) days' advance notice of the time, place
and purpose of such hearing to interested persons by publication in a newspaper
of general circulation in the municipality and by mail to the owner of each
property proposed to be charged. Each property owner shall be notified of the
amount proposed to be assessed against his premises and the work for which such
charge is being made.
(3)
After such
hearing, the Common Council shall affirm, modify and affirm or disapprove such
assessments by resolution and shall cause a copy thereof to be published. Upon
adoption and publication of such resolution, assessments made thereby shall be
deemed final.
(4)
The City Clerk
shall mail notice of the amount of such final assessment to each owner of
property assessed at his last-known address, stating that, unless paid within
thirty (30) days of the date of the notice, such assessment will be entered on
the tax roll as a tax against the property, and all proceedings in relation to
the collection, return and sale of property for delinquent real estate taxes
shall apply to such assessment.
(5)
The city
hereby declares that, in making assessments under this Section, it is acting
under its police power, and no damages shall be awarded to any owner for the
destruction of any diseased or infested tree or wood or part thereof.
(a)
Permit Required.
No person, except upon order of the City Forester, shall plant or remove, or
perform major alterations as determined by the Forester on a tree or shrub in
the public right-of-way terrace area or cause such act to be done by others
without first obtaining a written permit for such work from the City Forester
as herein provided. The applicant shall comply with the planting standards of
Sec. 6-4-8.
(b)
Permit Exemptions.
No permit shall be required to cultivate, fertilize or water trees or shrubs or
for work by City personnel on park properties. No permit is necessary to plant
trees inside the property line.
(c)
Permit Requirements and Conditions. If the City Forester determines that the proposed work or
planting described in an application for a permit is necessary and in accord
with the purposes of this Chapter, taking into account the safety, health and
welfare of the public, location of utilities, public sidewalk, driveways and
street lights, general character of the area in which the tree or shrub is
located or proposed to be located, type of soil, characteristics and
physiological need of the genus, species and variety of tree or shrub, he shall
have the Forester issue a permit to the applicant.
(d)
Permit Form; Expiration; lnspection. Every permit shall be issued by the City Forester on a
standard form and shall include a description of the work to be done and shall
specify the genus, species and variety, size, nursery grade and location of
trees or shrubs to be planted, if any. Any work under such permit must be
performed in strict accordance with the terms thereof and the provisions of
this Chapter. Permits issued under this Section shall expire six (6) months
after date of issuance. There will be no charge for this permit.
(e)
Permits to Public Utilities.
(1)
Whenever a
permit is issued under this Section to a public utility to remove, trim, prune,
.cut, disturb, alter or perform surgery on any public tree or shrub, the City
Forester shall limit the work to be done to the actual necessities of the
utility and may assign an inspector to supervise the work done under the
provisions of the permit. The expense of such inspection or supervision shall
be charged to the utility at the usual City rate.
(2)
A public
utility may secure an annual working agreement with the City Forester's office
which gives the City Forester the authorization to supervise and direct work
associated with trees and shrubs.
(a)
Purpose. The Common
Council hereby states its determination that the planting, care and protection
of the trees within the City is desirable for the purposes of beauty, shade,
comfort, noise abatement and economic betterment, and hereby encourages all
persons to assist in a program of tree planting, care and protection.
(b)
Tree Planting Program.
The City Forester shall recommend to the Common Council a program for tree
planting, care and protection for public parks. The Council shall also
encourage the planting, care and protection of trees and shrubs on private
premises within the City.
(c)
Planting.
(1)
The size and
genus, species and variety of trees and shrubs to be planted in public areas
and boulevards and the manner of planting shall be submitted to the City
Forester for approval before commencement of such work. The permit application
process is required in Section 6-4-7.
(2)
There shall be
a minimum distance of sixteen (16) feet and a recommended distance of
twenty-five (25) to fifty (50) feet between terrace area trees depending upon
the size of tree and other factors. Terrace trees shall be planted equal
distance between the sidewalk or proposed sidewalk and back of the curb or
proposed back of curb. In terrace areas less than three (3) feet wide, planting
will not be permitted. Terrace area trees shall be a minimum of twenty-five
(25) feet from an intersection.
(3)
Evergreen
trees shall not be planted in a terrace area.
(4)
It shall be
unlawful to plant or maintain shrubbery, ground cover or other plants not
considered to be a deciduous leaf tree within terrace areas whose growth is in
excess of eight (8) inches in height above the top of the nearest curb.
(5)
Tree ,grates
shall be provided for terrace trees surrounded by concrete by the adjacent
property owner and shall be level with adjacent concrete.
(d)
Unlawfully Planted Trees.
(1)
Trees, plants
or shrubs planted within any terrace or planting easement without the
authorization and approval of the Forester may be removed. The Forester shall
notify the abutting owner in writing, listing the unlawfully planted trees,
plants or shrubs, ordering their removal, and establishing a reasonable time
within which such removal shall be accomplished. In the event that removal is
not to be accomplished within the time specified, the City may remove such
trees, plants or shrubs and assess the costs thereof to the owner.
(2)
No person
shall plant
(e) Frames. Any person,
adjacent to whose land any shade or ornamental tree or shrub is growing in any
street, may, for the propose of protecting such tree or shrub, surround the
same with a suitable box or frame for protection, but all such work shall be
performed under the supervision and direction of the City Forester.
(a)
Trees and
shrubs standing in or upon any boulevard, public area or upon any private
premises adjacent to any public right-of-way or public areas shall be kept
trimmed so that the lowest branches projecting over the public street or alley
provide a clearance of not less than fourteen (14) feet. The City Forester may
waive the provisions of this Section for newly planted trees if he determines
that they do not interfere with public travel, obstruct the light of any street
light or endanger public safety.
(b)
The necessity
of the pruning may be determined by the City Forester.
(c)
Clearance from
sidewalk to lower branches shall not be less than ten (10) feet. All trees
standing upon private property in the City, the branches of which extend over the
line of the street, shall be trimmed so that no branch shall grow or hang over
the line of the sidewalk lower than ten (10) feet above the level of the
sidewalk. No tree shall be permitted to grow in such a manner as to obstruct
the proper diffusion of light from any public lamp.
(d)
Trimming or
pruning of more than two-thirds (2/3) of the crown shall be considered to be a
major alteration and shall require a permit from the City Forester.
(a)
Notwithstanding
any other provision of this Chapter, no person shall maintain, plant or permit
to remain on any private or public premises situated at the intersection of two
(2) or more streets or alleys in the City any hedge, tree, shrub or other
growth which may obstruct the view of the operator of any motor vehicle or
pedestrian approaching such intersection.
(b)
It is unlawful
for any person to plant, cause to grow, allow to grow or maintain any trees,
bushes, shrubbery or vegetation of any kind which is an obstruction to the
clear and complete vision of any traffic sign or driveway approach to a street
in the City. It shall be the duty of every owner of such tree, bush, shrubbery
or vegetation to remove such obstruction.
(c)
Any shrub,
tree or other plant which obstructs the view at an intersection or the view of
a traffic sign shall be deemed to be dangerous to public travel and the City
Forester may order, by written notice, the owner or occupant of any private
place or premises on which there stands a tree or shrub which unreasonably
interferes with or encroaches upon the street or sidewalk, to take such steps
as are necessary to remove such interference. If such owner or occupant fails,
within ten (10) days of receipt of notice, to take such necessary steps, the
City Forester and/or Public Works Department employees shall order the City
employees to remove the interference. The cost of removing the interference
shall be levied and collected as a special tax upon the property upon which or in
front of which such tree or shrub stands.
(d)
Any person who
is an owner or occupant or firm or corporation failing to obey the written
notice of the City Forester as specified in Subsection (c) above shall, upon
conviction thereof, be subject to a forfeiture as established in Section 1-1-7
of this Code of Ordinances.
Cross Reference:
Section 13-1-90.
(a)
Dangerous, Obstructive and Infected
Trees. Any tree or part thereof, whether alive or
dead, which the City Forester or Director of Public Works shall find to be
infected, hazardous, or a nuisance, so as to present an imminent danger or risk
of harm to persons or property, within the City, 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 City Forester or Director of Public Works
shall give written notice to said 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 twenty-four (24) hours nor more than fourteen (14) days as determined
by the City Forester or Director of Public Works on the basis of the
seriousness of the condition of the tree or damage to public. If the owner shall fail to remove, treat or
trim said tree within the time limited, the City Forester or Director of Public
Works shall cause the tree to be removed, treated or trimmed and shall report
the full cost thereof to the City Clerk, who shall thereupon enter such cost as
a special charge against the property.
(b)
Removal Standards.
In cutting down trees located in public and terrace areas, the tree must be removed
with the root stump grubbed out, or ground out to a depth of at least nine (9)
inches below grade measured in a straight line with the normal grade of
sidewalk to top of nine (9) inches below grade measured as a straight line,
normal grade of sidewalk to top of curb. All wood and debris must be removed
from the street prior to the end of each working day and all holes shall be
filled to normal grade level with topsoil as soon as practicable.
(c)
Private Removal.
No person, firm, organization or corporation shall plant, injure, trim, remove
or destroy any tree or shrub located in or upon any public place, until a
permit shall have been issued by the City Forester. Such permit shall be issued
only when the removal, trimming or cutting of the tree or shrub is necessary,
as determined by the City Forester, because of disease, damage, hazardous
condition, and/or location, or its location is such that substantial detriment
is done to the property upon which the tree or shrub stands, or property
abutting the same. Such permit shall expressly state the premises upon which
the tree stands and the location of the tree thereon.
(a)
Damage to Public Trees.
No person shall, without the consent of the owner in the case of a private tree
or shrub, or without written permits from the City Forester in the case of a
terrace-area tree, public tree or shrub, perform or cause to be performed by
others any of the following acts:
(1)
Secure, fasten
or run any rope, wire sign, unprotected electrical installation or other device
or material to, around or through a tree or shrub.
(2)
Break, injure,
mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn
where it will injure any tree or shrub.
(3)
Permit any
toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or
be emptied upon or about any tree or shrub or place cement or other solid
substance around the base of the same.
(4)
Remove any
guard, stake or other device or material intended for the protection of a
public tree or shrub, or close or obstruct any open space about the base of a
public tree or shrub designed to permit access of air, water and fertilizer.
(5)
Attach any
sign, poster, notice or other object on any tree, or fasten any guy wire,
cable, rope, nails, screws or other device to any tree; except that the City
may tie temporary "no parking" signs to trees when necessary in
conjunction with street improvement work, tree maintenance work or parades.
(6)
Cause or
encourage any fire or burning near or around any tree.
(b)
Excavations.
All trees on any parkway or other publicly owned property near any excavation
or construction of any building structure or street work shall be sufficiently
guarded and protected by those responsible for such work as to prevent any
injury to said trees. No person shall excavate any ditches, tunnels or
trenches, or install pavement within a radius of ten (10) feet from any public
tree without a permit from the City Forester.
(c)
Interference With Forester. No person shall:
(1)
Interfere with
or prevent any acts of the Forester or his agents or employees while they are
engaged in the performance of duties imposed by this Section.
(2)
Refuse to
permit the Forester or his duly authorized representative to enter upon his
premises at reasonable times to exercise the duties imposed by this Section.
(d) Refusal to Abate
Nuisance. Permits any public nuisance to remain on any premises owned or
controlled by him when ordered by the Forester to abate such nuisance.
Any
person who receives a determination or order under this Chapter from the City
Forester and objects to all or any part thereof shall have the right to appeal
such determination or order, subject to the provisions of Chapter 68, Wis.
Stats., to the Common Council within seven (7) days of receipt of the order and
the Common Council shall hear such appeal within thirty (30) days of receipt of
written notice of the appeal. After such hearing, the Common Council may
reverse, affirm or modify the order or determination appealed from and the
grounds for its decision shall be stated in writing. The Common Council shall,
by letter, notify the party appealing the order or determination of its
decision within ten (10) days after the hearing has been concluded. The Council
shall file its written decision with the City Clerk.
Sections
27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated herein by
reference.
State Law Reference:
Sections 27.09 and 86.03,
6.5.1 Authority for
Stormwater Management Regulations Governing Property Development
6.5.2 Findings
of Fact Regarding Stormwater Management Regulations Governing Property
Development
6.5.3 Purpose
and Intent of Stormwater Management Regulations Governing Property Development
6.5.4 Definitions
Applicable to Stormwater Management Regulations Governing Property Development
6.5.5 Applicability and Jurisdiction of
Stormwater Management Regulations Governing Property Development
6.5.6 Design
Criteria, Standards and Specifications Governing Property Development
6.5.7 Stormwater
Management Standards for Regulations Governing Property Development
6.5.8 Permitting
Requirements, Procedures and Fees
6.5.9 Stormwater
Management Plans
6.5.10 Maintenance
Agreement
6.5.11 Financial
Guarantee
6.5.12 Fee
Schedule
6.5.13 Illicit
Discharges and Unauthorized Connections
6.5.14 Enforcement
and Penalties
6.5.15 Appeals
6.5.16 Stormwater
Management System Governing Developed and Vacant Property
6.5.17 Severability
(a) This Chapter is adopted by the Common
Council of the City of
(b) The provisions of this Chapter are deemed
not to limit any other lawful regulatory powers of the Common Council.
(c) The Common Council hereby designates the
Department of Public Works to administer and enforce the provisions of this
Chapter.
(d) The requirements of this Chapter do not
pre-empt more stringent stormwater management requirements that may be imposed
by WPDES Stormwater Permits issued by the Wisconsin Department of Natural
Resources under Sec. 147.021, Wis. Stats.
The Common Council finds that uncontrolled stormwater
runoff from land development activity has a significant impact upon water
resources and the health, safety and general welfare of the community, and
diminishes the public enjoyment and use of natural resources. Specifically,
uncontrolled stormwater runoff can:
(a) Degrade
physical stream habitat by increasing stream bank erosion, increasing stream
bed scour, diminishing groundwater recharge, and diminishing stream base flows;
(b) Diminish the capacity of lakes and
streams to support fish, aquatic life, recreational, and water supply uses by
increasing loadings of nutrients and other urban pollutants;
(c) Alter wetland communities by changing
wetland hydrology and by increasing pollutant loads;
(d) Reduce the quality of groundwater by
increasing pollutant loading;
(e) Threaten public health, safety, property,
and general welfare by overtaxing storm sewers, drainage ways, and other minor
drainage facilities;
(f) Threaten public health, safety,
property, and general welfare by increasing major flood peaks and volumes; and
(g) Undermine floodplain management efforts
by increasing the incidence and levels of flooding.
(h) Aggravate excessive
infiltration and inflow of water into sanitary sewer connections during peak
storm events causing the conveyance system to surcharge, overflow or backup
into basements.
(a) Purpose. The general purpose of this Chapter is to set
forth stormwater requirements and criteria, which will diminish the threats to
public health, safety, welfare, and the aquatic environment due to runoff of
stormwater from land development activity.
This chapter integrates federal and state construction post-construction
site stormwater water quality standards with duties to reasonably manage the
quantity of water run-off for regional flood abatement. This chapter implements the Milwaukee
Metropolitan Sewerage District rules on release rates for development creating
more than a de minimis amount of new impervious surface in order to reduce the
probability of increased regional floods.
Specific purposes are to:
(1) Further
the maintenance of safe and healthful conditions;
(2) Prevent and control the
adverse effects of stormwater, prevent and control soil erosion, prevent and
control water pollution, protect spawning grounds, fish, and aquatic life;
(3) Assure the safe capacity
of existing drainage facilities and receiving water bodies; prevent undue
channel erosion; control increases in the scouring and transportation of
particulate matter, prevent conditions that endanger downstream property; and
(4) Control building sites,
placement of structures, and land uses, and promote sound economic growth.
(b) Intent. It is the intent of the Common Council that
this Chapter manages the long term, post-construction stormwater discharges
from land development activities. The Common Council recognizes that the
preferred method of addressing stormwater management problems and needs is
through the preparation of comprehensive stormwater management system plans for
subwatershed areas which are designed to meet the purpose and intent of this
Chapter. Where such system plans have been developed and approved by the Common
Council, it is the intent that all land development activities will include
stormwater management measures that meet performance standards set forth in
those approved plans. Where such stormwater management system plans have not
been developed or approved by the Common Council, it is the intent of the
Common Council that the generic stormwater management standards set forth in Section
6.5.7 this Chapter be applied unless otherwise excepted by the Public Works
Director.
(a) Agricultural
Activity. The planting, growing,
cultivating, and harvesting of crops; growing and tending of gardens; and the
harvesting of trees.
(b) Business Day. A day during which both the offices of the
City and of the permit holder are routinely and customarily open for business.
(c) BMP. (Best Management Practices) Structural or
non-structural measures, practices, techniques or devices employed to avoid or
minimize sediment or pollutants carried in runoff to waters of the state; or
manage the rate or volume of runoff.
(d) Cease and Desist Order. A court issued order to halt land-developing
activity that is being conducted without the required permit.
(e) Common Plan of Development or
(f) Design Storm. A hypothetical discrete rainstorm
characterized by a specific duration, temporal distribution, rainfall
intensity, return frequency, and total rainfall depth.
(g) Discharge Volume. The quantity of runoff discharged from the
land surface as the result of a rainfall event.
(h) Division of Land. The creation from one parcel of two (2) or
more parcels or building sites of one (1) or fewer acres each in area, where
such creation occurs at one time or through the successive partition within a
five (5) year period.
(i) Extraterritorial. The unincorporated area within three (3)
miles of the corporate limits of a first, second, or third class city, or
within one and one-half miles of a fourth class city or village.
(j) Fee in Lieu. A payment of money to the City of Glendale
Stormwater Management System Trust Fund in place of meeting all or part of the
stormwater performance standards required by this Chapter.
(k) Financial Guarantee. A performance bond, maintenance bond, surety
bond, irrevocable letter of credit, or similar guarantees submitted to the City
of
(l) Gross Aggregate Area. The total area, in acres, of all land located
within the property boundary containing the land development activity.
(m) Groundwater Enforcement Standard. A numerical value expressing the
concentration of a substance in groundwater which is adopted under Sec. 160.07,
Wis. Stats., and in NR 140.10 or Sec. 160.09, Wis. Stats., and NR 140.12, Wis.
Adm. Code.
(n) Groundwater Preventive Action Limit. A numerical value expressing the concentration
of a substance in groundwater which is adopted under Sec. 160.15, Wis. Stats.,
and NR 140.10, 140.12 or 140.20, Wis. Adm. Code.
(o) Impervious Surface. Any pavement or structural element that prevents
rain, surface water runoff, or melting snow from infiltrating into the ground
below, including, but not limited to, roofs and paved roads, driveways, and
parking lots.
(p) Infiltration. The process by which rainfall or surface
runoff percolates or penetrates into the underlying soil.
(q) In-fill area or Development. An undeveloped area of land located within
existing development.
(r) Land Development Activity. Any construction or redevelopment of
buildings, roads, parking lots, paved and unpaved storage areas, and similar
facilities, but not including agricultural activity.
(s) Maintenance Agreement. A legal document that is filed with the
Milwaukee County Register of Deeds as a property deed restriction, and which
provides for long-term maintenance of stormwater management practices.
(t) Non-Storm Discharge. A discharge to the storm sewer system created
by some process other than stormwater runoff.
(u) Non-Structural Measure. A practice, technique, or measure to reduce
the volume, peak flow rate, or pollutants in stormwater that does not require
the design or installation of fixed stormwater management facilities.
(v) Off-Site. Located outside the property boundary
described in the permit application for land development activity.
(w) On-Site. Located within the property boundary
described in the permit application for the land development activity.
(x) Other Than Residential Development. Development of the following land uses;
commercial; industrial; government and institutional; recreation;
transportation, communication, and utilities.
(y) Peak Flow Discharge Rate. The maximum rate at which a unit volume of
stormwater is discharged.
(z) Permit. A written authorization made by the City to
the applicant to conduct land development activities.
(aa) Permit Administration Fee. A sum of money paid to the City by the permit
applicant for the purpose of recouping the expenses incurred by the City in
administering the permit.
(bb) Pervious Surface. A surface that infiltrates rainfall during a
large portion of the design rainfall event. Well-managed lawns, fields, and
woodlands are examples of pervious surfaces.
(cc) Post-Construction Stormwater Discharge. Any stormwater discharged from a site
following the completion of land disturbing construction activity and final
site stabilization.
(dd) Post-Development Condition. The extent and distribution of land cover
types, anticipated to occur under conditions of full development, that will
influence stormwater runoff and infiltration.
(ee) Pre-Development Condition. The extent and distribution of land cover
types present before the initiation of land development activity, assuming that
all land uses prior to the development activity are managed in an
environmentally sound manner.
(ff) Pre-Treatment. The treatment of stormwater prior to its
discharge to the primary stormwater treatment practice in order to reduce
pollutant loads to a level compatible with the capability of the primary
practice.
(gg) Recreational trail means a path that
is:
(1) distinctly set apart from
a roadway, street, or sidewalk;
(2) designed for activities
such as jogging, walking, hiking, bird-watching, bicycle riding, roller
skating, or similar recreational activities not involving the use of motorized
vehicles; and
(3) not a sidewalk according
to sec. 340.01(58), Wis. Stats.
(hh) Residential Development. That which is created to house people,
including residential dwellings, as well as all attendant portions of the
development including lawns, driveways, sidewalks, garages, and access streets.
This type of development includes single-family, multi-family, apartments, and
trailer parks.
(ii) Site Restriction. Any physical characteristic which limits the
use of a stormwater best management practice as prescribed in the
"Wisconsin Storm Water Manual, Part 2; Technical Design Guidelines for
Stormwater Best Management Practices."
(jj) Stop Work Order. An order issued by the City which requires
that all construction activity on the site be stopped.
(kk) Stormwater Management Plan. A document that identifies what actions will
be taken to reduce stormwater quantity and pollutant loads from land
development activity to levels meeting the purpose and intent of this Chapter.
(ll) Stormwater Management System Plan. A comprehensive plan developed to address
stormwater drainage and non-point source pollution control problems on a
watershed or subwatershed basis, and which meets the purpose and intent of this
Chapter.
(mm) Stormwater Runoff. That portion of the precipitation fall during
a rainfall event, or that portion of snow-melt, that runs off the surface of
the land and into the natural or artificial conveyance or drainage network.
(nn) Structural Measure. Source area practices, conveyance measures,
and end-of-pipe treatment that are designed to control stormwater runoff
pollutant loads, discharge volumes, and peak flow discharge rates.
(oo) Waters of the State. Those portions of Lake Michigan and Lake
Superior within the boundaries of Wisconsin, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or artificial,
public or private, within the state or its jurisdiction.
(pp) Wetlands. An area where water is at, near, or above the
land surface long enough to be capable of supporting aquatic or hydrophytic
vegetation and which has soils indicative of wet conditions. These wetlands
include natural, mitigation, and restored wetlands.
(qq) Wetland Functional Value. The type, quality, and significance of the
ecological and cultural benefits provided by wetland resources, such as: flood
storage, water quality protection, groundwater recharge and discharge,
shoreline protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation, and education,
(rr) WPDES Stormwater Permit. A permit issued by the Wisconsin Department
of Natural Resources under Sec. 147.021, Wis. Stats., that authorizes the point
source discharge of stormwater to waters of the state.
(a) APPLICABILITY. This Section applies as set forth below to
land development activities that meet applicability criteria specified in this
Section. This Section also applies as
set forth below to land development activities that are smaller than the
minimum applicability criteria if such activities are part of a larger common
plan of development or sale that meets any of the following applicability
criteria, even through multiple separate and distinct land development
activities may take place at different times on different schedules:
(1) Land development activity that involves
an increase of one-half acre (21,780 square feet) or more of impervious surface
shall be subject to discharge quantity standards only, as set forth in Sec.
6.5.7 paragraphs (a), (b), and (c);
(2) Discharge quality standards as set forth
in Sec. 6.5.7 paragraphs (d) shall apply to any land development or
redevelopment activity which disturbs one or more acres (43,560 square feet);
(3) For phased developments, the cumulative
effect of all phases shall be considered. Discharge quantity standards will
apply if the cumulative amount of new impervious surface is one-half acres
(21,780 square feet) or more, even if the individual components of a
development each create less than one-half acre of impervious surface; Both
discharge quantity and quality standards will apply if the cumulative amount of
land development activity disturbs one or more acres (43,560 square feet), even
if the individual components of a development each disturb less than one acre
of land;
(4) Land development activity of any size
that, in the opinion of the Department of Public Works, is likely to result in
stormwater runoff which exceeds the safe capacity of existing drainage
facilities, storage facilities, or receiving surface waters, which may cause
surcharging and increase flooding risks, which causes undue channel erosion,
unreasonably increases surface water pollution by scouring or the
transportation of particulate matter, or endangers downstream property on a
surface water shall be subject to SEC. 6.5.7 paragraphs (a), (b), (c) and (d).
(b) Jurisdiction. The Chapter applies to land development
activities within the boundaries of the City of Glendale, Wisconsin, and within
its extraterritorial plat approval jurisdiction under Chapter 236, Wis. Stats.
(c) Exemptions
From Discharge Quantity Requirements.
(1) Residential infill where the lot is five
acres or less, the development is exclusively residential, the net increase in
the area of impervious surface is less than 20% of the area of the site; and
each boundary of the site is contiguous to: sites that contain earlier
development served by sanitary sewers, streets, or public water supply when the
governmental unit receives the plans for the new development or parkland; or
other public land, a utility right-of-way, or a watercourse; or,
(2) Sites where the area of impervious
surface after development will be 5% or less of the total area of the site;
(3) Recreational trails if the trail is less
than or equal to 10 feet in width and has a continuous pervious buffer at least
5 feet wide on each side, disregarding interruption by streets, driveways, or
other impervious surfaces crossing the trail.
(4) Notwithstanding the applicability
requirements in paragraph (a), this ordinance applies to post-construction
sites of any size that, in the opinion of the Department of Public Works, is likely to result in runoff that exceeds
the capacity of the existing drainage facilities or the level of flooding
protection in a watercourse that causes undue channel erosion, that
increases water pollution by scouring or the transportation of
particulate matter or that endangers property or public safety.
(d) Exemptions
From Discharge Quality Requirements.
(1) A
redevelopment post-construction site with no increase in exposed parking lots
or roads.
(2) A post-construction site with less than
10% connected imperviousness based on complete development of the
post-construction site, provided the cumulative area of all parking lots and
rooftops is less than one acre.
(3) Nonpoint discharges from agricultural
facilities and practices.
(4) Nonpoint discharges from silviculture
activities.
(5) Routine maintenance for project sites
under 5 acres of land disturbance if performed to maintain the original line
and grade, hydraulic capacity or original purpose of the facility.
(6) Underground utility construction such as
water, sewer and fiberoptic lines. This exemption does not apply to the
construction of any above ground structures associated with utility
construction.
Unless prior authorization is given by the Glendale
Department of Public Works, the following methods shall be used in meeting the
requirements of this Chapter:
(a) Water
Quantity Components. The following
methods shall be used in designing components of stormwater structures needed
to meet the water quantity standards of this Chapter:
(1) Peak
flow sharing components of stormwater structures shall be designed in
accordance with standard engineering practices.
(2) Runoff volumes and peak
flow rates used in designing the water quantity components of stormwater
structures shall be based on the principles of the document entitled
"Urban Hydrology for Small Watersheds" (Technical Release 55:
Engineering Division, Soil Conservation Service, United States Department of
Agriculture, June 1992).
(3) The most recent rainfall
data available from the Southeastern Wisconsin Regional Planning Commission or
more protective data shall be the basis for the analyses required by this
ordinance.
(b) Water
Quality Components. The following
methods shall be used in designing components of stormwater structures needed
to meet the water quality standards of this Chapter:
(1) Practices
shall be designed in accordance with the methods set forth in the latest
edition of the "Wisconsin Storm Water Manual, Part 2: Technical Design
Guidelines for Storm Water Best Management Practices" as published and
amended from time-to- time by the State of Wisconsin Department of Natural
Resources.
(2) Runoff volumes and peak
flow rates used in designing the water quality components of stormwater
structures shall be calculated using the "Small Storm Hydrology"
method set forth in the latest edition of the "Wisconsin Storm Water
Manual, Part 2: Technical Design Guidelines for Storm Water Best Management
Practices" as published and amended from time-to-time by the State of
Wisconsin Department of Natural Resources.
(a) Stormwater
Management Criteria
(1) The site-specific stormwater management
system plan required under the provisions of this Section shall be designed in
accordance with good engineering practice.
The specific methods to be used in the calculation of peak rates of
discharge, volumes, and water quality conditions and of the hydraulic capacities
of storage and conveyance facilities shall be left to the judgment of the
professional engineer preparing the plan subject, however, to the approval of
the City.
(2) The site-specific stormwater management
system plan shall be designed such that natural topography and land cover
features such as swales, natural streams, channels, drainage ways, natural
depressions, native soil infiltrating capacity, and natural groundwater
recharge areas shall be preserved and used to the extent practicable.
(b) Stormwater Discharge Quantity Standards
(1) The conveyance and
storage facilities incorporated into the site-specific stormwater management
system plan required under this Section shall be designed as an integral part
of complementary minor and major subsystem.
(2) The minor subsystem,
generally consisting of the proposed on-site stormwater conveyance facilities
such as storm sewers and storm drains, shall be designed to avoid nuisance
flooding of streets and yards and shall accommodate the peak rate of runoff
from rainfall events up to and including the 10-year recurrence interval
event. The rainfall intensity shall be
determined based on appropriate times of concentration from relationships
established and published by the Southeastern Wisconsin Regional Planning
Commission (SEWRPC).
(3) The complementary major
subsystem shall consist of the public streets and interconnected flow paths to
the streets and from the streets to receiving streams and watercourses. The major system shall be designed to
accommodate peak rates of discharge from rainfall events up to and including
the 100-year recurrence interval event without inundation of exposed basements,
building basement window wells, basement entryways, or the first floors of
buildings, utilizing a one-foot freeboard.
(4) Unless otherwise provided
for, all land development activities subject to this Section shall establish
on-site management practices to control the peak flow rates of stormwater
discharged from the site. On-site
management practices shall be used to meet the minimum performance standards as
set forth in this ordinance.
(c) Peak Flow Discharge
(1) The peak flow discharge rates of
stormwater runoff under the post-development conditions shall be controlled and
reduced as follows:
a. 100-year
post-development peak runoff discharge shall not exceed the lesser of the
following:
<
0.50 cubic feet per second per acre (cfs), or
<
Maximum hydraulic capacity of existing downstream
conveyance, drainage, or storage facilities.
b. 2-year post-development
peak runoff discharge shall not exceed 0.15 cfs per acre;
c. The design rainfall used
for stormwater management pond design shall be the 2 and 100-year recurrence
interval, 24-hour duration events with a SCS TYPE II distribution with the
latest rainfall depths as determined by SEWRPC; and
d. The area included in
discharge limit calculations in the form of cfs/acre shall consist of
the entire portion of the subject site draining to the discharge location under
consideration.
(2) If the land development
site or the proposed stormwater management facility currently receives or is
proposed to receive surface runoff originating from off-site tributary
watershed areas, the stormwater management criteria shall apply to the total
runoff that originates from the land being developed and tributary off-sites
areas.
(3) Any stormwater management
pond shall fully contain the runoff from the tributary watershed area during
the 100-year, 24-hour rainfall with a SCS TYPE II distribution under the
post-development conditions. The tributary
watershed area consists of all on-site and off-site areas draining to the pond.
(4) Emergency overland flow
for all stormwater facilities shall be provided to prevent exceeding the safe
capacity of downstream drainage facilities and prevent endangerment of
downstream property or public safety.
(5) If surface runoff leaves the site at more
than one location, discharge at each location must individually meet the
standards set forth in this Section. The discharge comparisons shall be made at
stormwater conveyance facilities (i.e., ditches, culverts, storm sewers,
stormwater detention ponds, channels, streams, etc.) that are located
immediately downstream of each discharge location of the land development site.
(6) Impacts to the hydraulic performance of
downstream conveyance or storage facilities shall be avoided. Where such changes are proposed, the impact
of the proposal on existing stormwater detention ponds shall be assessed using
a methodology acceptable to the City.
(7) All stormwater runoff conveyance
facilities within the boundaries of the property that is being developed shall
be sized to adequately carry the runoff from a 10-year recurrence interval
rainfall of 24-hour duration. In some
cases, less sophisticated computation methods such as the Rational Method may
be used with prior written City approval.
(8) For storms exceeding the design capacity
of the conveyance system, overland drainage routes shall direct the excess
runoff to any stormwater management pond proposed for the site.
(9) When the Soil Conservation Service TR-55
Method is used to calculate peak flow discharge rates and runoff volumes for
the pre-development condition, NRCS curve numbers in the following table shall
be used. When other methods for
computing runoff are used, they shall assume comparable runoff conditions.
Land Cover
|
Curve Number
|
|
Lawns and residential and commercial landscaped areas |
76 |
|
Wooded areas |
68 |
|
95 |
|
|
All streams, channels, ditches, ponds, etc. |
99 |
(d) Stormwater Discharge Quality Standards. Unless otherwise provided, all
land development activities subject to this Section shall establish on-site
management practices to control the quality of stormwater discharged from the
site. On-site management practices shall
be used to meet the following minimum standards:
(1) Stormwater discharges
shall be treated to remove, on an average annual basis, a minimum of 80% of the
total suspended solids load. To achieve
this level of control, stormwater practices shall be designed in accordance
with the methods set forth in the latest edition of the “Wisconsin Storm
Water Manual, Part 2: Technical Design Guidelines for Storm Water Best
Management Practices” as published and amended from time-to-time by the
State of Wisconsin Department of Natural Resources.
(2) For new development, by
design, reduce to the maximum extent practicable, the total suspended solids
load by 80%, based on the average annual rainfall, as compared to no runoff
management controls. No person shall be
required to exceed an 80% total suspended solids reduction to meet the
requirements of this subdivision.
(3) For redevelopment, by
design, reduce to the maximum extent practicable, the total suspended solids
load by 40%, based on the average annual rainfall, as compared to no runoff
management controls. No person shall be
required to exceed a 40% total suspended solids reduction to meet the
requirements of this subdivision.
(4) For in-fill development
under 5 acres that occurs within 10 years after the effective date of this
rule, by design, reduce to the maximum extent practicable, the total suspended
solids load by 40%, based on an average annual rainfall, as compared to no
runoff management controls. No person
shall be required to exceed a 40% total suspended solids reduction to meet the
requirements of this subdivision.
(5) For in-fill development that occurs 10 or
more years after the effective date of this rule, by design, reduce to the
maximum extent practicable, the total suspended solids load by 80%, based on an
average annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed an 80% total suspended solids reduction to
meet the requirements of this subdivision.
(6) Notwithstanding subds. (2) to (5), if the
design cannot achieve the applicable total suspended solids reduction
specified, the storm water management plan shall include a written and
site-specific explanation why that level of reduction is not attained and the
total suspended solids load shall be reduced to the maximum extent practicable.
(7) The proposed stormwater quality
improvement and pollution reduction measures may include wet
detention/retention ponds, infiltration devices, filter strips, grass swales,
oil-grit separator devices, or a combination of structural best management
practices recognized and endorsed by the “Wisconsin Storm Water Manual, Part
2: Technical Design Guidelines for Storm Water Best Management Practices”
as published and amended from time-to-time by the State of Wisconsin Department
of Natural Resources.
(8) The proposed stormwater quality
improvement and pollution reduction measures may also include good housekeeping
and/or source area best management practices including impervious area
sweeping, catch basin cleaning or other methods as approved by the Department
of Public Works.
(9) All on-site storm sewer inlets on private
properties shall consist of catch basins with a sump depth of a minimum of 2
feet. The cleaning of such on-site sumps
through a vacuum device and the proper disposal of the contents shall be
included as part of the maintenance agreement required as part of this Section.
(10) If stormwater quality ponds are proposed,
these shall be designed and constructed such that:
a. Permanent wet detention
volume of the facility shall be equal to or greater than the runoff volume
resulting from a 1.5-inch, 4-hour rainfall with a Huff Distribution over the
area under post-development conditions.
b. Permanent pond surface
area shall be:
<
1.0% of the drainage area for residential
development;
<
2.0% of the drainage area for business and
institutional development;
<
2.5% of the drainage area for commercial and
manufacturing development.
c. Water quality ponds
shall have a sediment forebay area at the pond inlet location. The surface area of the forebay shall be a
minimum of 12% of the total permanent pond surface area corresponding to the
normal water elevation.
(11) The BMPs may be located on-site or off-site
as part of a regional storm water device, practice or system within the same
watershed.
(12) Runoff within a
non-navigable drainage way that flows into a BMP, such as a wet pond, is not
required to meet water quality performance standards unless designed to provide treatment.
(13) The discharge of runoff from
a BMP, such as a wet pond, or after a series of such BMPs is subject to this
chapter.
(14) If infiltration practices
are proposed, runoff shall be pre-treated prior to infiltration where necessary
to prolong maintenance of the infiltration practice and to prevent discharge of
stormwater pollutants at concentrations that will result in exceedances of
groundwater preventive action limits or enforcement standards established by
the Department of Natural Resources in NR 140 Wisconsin Administrative Code as amended
from time to time. Stormwater shall not
be injected underground through excavations or openings that would violate NR
812.05 Wis. Admin. Code as amended from time to time.
e. Infiltration. BMPs shall
be designed, installed, and maintained to infiltrate runoff to the maximum
extent practicable in accordance with the following, except as provided in
subd. (4), (5) and (6).
(1) For residential
developments one of the following shall be met:
a. Infiltrate sufficient
runoff volume so that the post-development infiltration volume shall be at
least of the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems to meet this
requirement, no more than 1% of the project site is required as an effective
infiltration area.
b. Infiltrate 25% of the
post-development runoff from the 2-year - 24-hour design storm with a type II
distribution. Separate curve numbers for pervious and impervious surfaces shall
be used to calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems to meet this
requirement, no more than 1% of the project site is required as an effective
infiltration area.
(2) For non-residential development, including commercial,
industrial and institutional development, one of the following shall be met:
a. Infiltrate sufficient
runoff volume so that the post-development infiltration volume shall be at
least 60% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration systems to
meet this requirement, no more than 2% of the project site is required as an
effective infiltration area.
b. Infiltrate 10% of the
runoff from the 2-year - 24-hour design storm with a type II distribution.
Separate curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes, and not composite curve numbers as defined in TR-55.
However, when designing appropriate infiltration systems to meet this
requirement, no more than 2% of the project site is required as an effective
infiltration area.
(4) Before infiltrating runoff, pretreatment shall be required for
parking lot runoff and for runoff from new road construction in commercial,
industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect
the infiltration system from clogging prior to scheduled maintenance and to protect
groundwater quality in accordance with subd. (3). Pretreatment options may include, but are not
limited to, oil/grease separation, sedimentation, biofiltration, filtration,
swales or filter strips.
(5) Notwithstanding subd. (3), the discharge from BMPs shall
remain below the enforcement standard at the point of standards application.
(f) Infiltration Exclusions. The runoff from the following areas are
prohibited from meeting the requirements of this paragraph:
(1) Areas associated with tier 1 industrial
facilities identified in s. NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
(2) Storage and loading areas of tier 2
industrial facilities identified in s. NR 216.21(2)(b), Wis. Adm. Code.
(3) Fueling and vehicle maintenance areas.
(4) Areas within 1000 feet upgradient or
within 100 feet downgradient of karst features.
(5) Areas with less than 3 feet separation
distance from the bottom of the infiltration system to the elevation of
seasonal high groundwater or the top of bedrock, except this subd. 5.e. does
not prohibit infiltration of roof runoff.
(6) Areas with runoff from industrial,
commercial and institutional parking lots and roads and residential arterial
roads with less than 5 feet separation distance from the bottom of the
infiltration system to the elevation of seasonal high groundwater or the top of
bedrock.
(7) Areas within 400 feet of a community
water system well as specified in s. NR 811.16(4), Wis. Adm. Code, or within
100 feet of a private well as specified in s. NR 812.08(4), Wis. Adm. Code, for
runoff infiltrated from commercial, industrial and institutional land uses or
regional devices for residential development.
(8) Areas where contaminants of concern, as
defined in s. NR 720.03(2), Wis. Adm. Code are present in the soil through
which infiltration will occur.
(9) Any area where the soil does not exhibit
one of the following soil characteristics between the bottom of the
infiltration system and the seasonal high groundwater and top of bedrock: at
least a 3-foot soil layer with 20% fines or greater; or at least a 5-foot soil
layer with 10 percent fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level of
protection. This subd. 5.i. does not prohibit infiltration of roof runoff.
(g) Infiltration Exemptions. The following are not required to meet the
requirements of this paragraph:
(1) Areas where the infiltration rate of the
soil is less than 0.6 inches/hour measured at the site.
(2) Parking areas and access roads less than
5,000 square feet for commercial and industrial development.
(3) Redevelopment post-construction sites.
(4) In-fill development areas less than 5
acres.
(5) Infiltration areas during periods when
the soil on the site is frozen.
(6) Roads in commercial, industrial and
institutional land uses, and arterial residential roads.
(h) Exceptions to Water Quantity and
Quality Management Requirements. The
City may establish stormwater management requirements either more or less
stringent than those set forth under Section 6-5-7 (a) through (d), provided
that at least one of the following conditions apply:
(1) The Department of Public Works determines
that a higher level of protection is needed to protect sensitive resources.
(2) The Department of Public Works determines
that a higher level of protection from flooding is required to protect the
public health and safety.
(3) The Department of Public Works determines
that more restrictive discharge controls are needed because existing downstream
conveyance or storage facilities are or will be rendered inadequate as a result
of development activity.
(4) The Department of Public Works determines
that the land development activity is covered by an approved stormwater management
system plan that contains management requirements consistent with the purpose
and intent of this Section.
(5) Provisions are made to manage stormwater
by an off-site facility, provided that all of the following conditions for the
off-site facility are met:
a. The facility is in place,
b. The facility is designed and adequately
sized to provide a level of stormwater control equal to or greater than would
be provided by on-site practices meeting the requirements of this Section.
c. The facility has a legally obligated
entity responsible for its long-term operation and maintenance.
d. The Department of Public Works finds
that meeting the minimum on-site management requirements of this Section is not
feasible due to space or site restrictions.
(i) Fee in Lieu of On-Site Stormwater
Management Practices. Where the City
waives all or part of the minimum on-site stormwater management requirements
under Section 6-5-7(e), the applicant may be required to pay a fee in an amount
determined in negotiation with the Department of Public Works. In setting the fee for land development
projects, the Public Works Director shall consider an equitable distribution of
the cost for land, engineering design, construction, and maintenance of
stormwater management practices needed to serve the land development.
(j) Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall,
to the maximum extent practicable, have Best Management Practices designed,
installed and maintained to reduce petroleum within runoff, such that the
runoff that enters waters of the state contains no visible petroleum sheen.
(k) Protective
Areas.
(1) “Protective area” means an area of land
that commences at the top of the channel of lakes, streams and rivers, or at
the delineated boundary of wetlands, and that is the greatest of the following
widths, as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this paragraph,
“protective area” does not include any area of land adjacent to any stream
enclosed within a pipe or culvert, such that runoff cannot enter the enclosure
at this location.
a. For outstanding resource waters and
exceptional resource waters, and for wetlands in areas of special natural resource
interest as specified in s. NR 103.04, 75 feet.
b. For perennial and intermittent streams
identified on a
c. For lakes, 50 feet.
d. For highly susceptible wetlands, 50
feet. Highly susceptible wetlands include the following types: fens, sedge
meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested
wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally
flooded basins. Wetland boundary delineations shall be made in accordance with
s. NR 103.08(1m). This paragraph does not apply to wetlands that have been
completely filled in accordance with all applicable state and federal
regulations. The protective area for wetlands that have been partially filled
in accordance with all applicable state and federal regulations shall be
measured from the wetland boundary delineation after fill has been placed.
e. For less susceptible wetlands, 10 percent
of the average wetland width, but no less than 10 feet nor more than 30 feet.
Less susceptible wetlands include degraded wetlands dominated by invasive
species such as reed canary grass.
f. In
subd. 1.a., d. and e., determinations of the extent of the protective area
adjacent to wetlands shall be made on the basis of the sensitivity and runoff
susceptibility of the wetland in accordance with the standards and criteria in
s. NR 103.03.
g. For concentrated flow channels with
drainage areas greater than 130 acres, 10 feet.
(2) This paragraph applies to post-construction sites located
within a protective area, except those areas exempted pursuant to subd. 4.
(3) The following
requirements shall be met:
a. Impervious surfaces shall be kept out
of the protective area to the maximum extent practicable. The storm water management plan shall contain
a written site-specific explanation for any parts of the protective area that
are disturbed during construction.
b. Where land disturbing construction
activity occurs within a protective area, and where no impervious surface is
present, adequate sod or self-sustaining vegetative cover of 70% or greater
shall be established and maintained. The
adequate sod or self-sustaining vegetative cover shall be sufficient to provide
for bank stability, maintenance of fish habitat and filtering of pollutants
from upslope overland flow areas under sheet flow conditions. Non-vegetative materials, such as rock
riprap, may be employed on the bank as necessary to prevent erosion, such as on
steep slopes or where high velocity flows occur.
c. Best management practices such as
filter strips, swales, or wet detention basins, that are designed to control
pollutants from non-point sources may be located in the protective area.
(4) This paragraph does not
apply to:
a. Redevelopment post-construction sites.
b. In-fill development areas less than 5
acres.
c. Structures that cross or access surface
waters such as boat landings, bridges and culverts.
d. Structures constructed in accordance
with s. 59.692(1v), Wis. Stats.
e. Post-construction sites from which
runoff does not enter the surface water, except to the extent that vegetative
ground cover is necessary to maintain bank stability.
(l) Credit for Removal of Impervious
Surfaces.
(1) Same Site Credit. The Department of Public Works may use the removal of pavement, covered
structures or other impervious surfaces at the same property to calculate the
net post construction impervious acreage and corresponding water quantity
management duties. Credit may equal, but
not be larger than the acreage of impervious surfaces removed when runoff
release rates and detention are the best management practices utilized at the
site. When best management practices
with a higher order of preference are utilized in lieu of detention, equivalent
credit may be granted as determined by the Department of Public Works with the
concurrence of the MMSD. Credit for
reducing impervious surfaces at a site, not utilized by the development on the
site, belongs to the Department of Public Works and may be banked for allocation to other development within the
watershed under Subsection (2).
(2) Dispersed Site in Same Watershed Credit. The Department of Public Works
may bank the removal of impervious surfaces, which individually must be one
half acre or more, within the same watershed, where the volume, timing and peak
flow of runoff will be distributed over the critical time sufficient to assure
the level of protection provided by MMSD flood abatement projects will not be
reduced. The Department of Public Works
may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or
both, shall be reported, by watershed or sub-watershed, annually to the MMSD
for concurrence.
(m) General Considerations for On-Site and
Off-Site Stormwater Management Measures.
The following considerations shall be observed in managing stormwater
runoff:
(1) Natural topography and land cover
features such as natural swales, natural depressions, native soil infiltrating
capacity, and natural groundwater recharge areas shall be preserved and used,
to the extent possible, to meet the requirements of this Section.
(2) Emergency overland flow for all
stormwater facilities shall be provided to prevent exceeding the safe capacity
of downstream drainage facilities and prevent endangerment of downstream
property or public safety.
(3) BMPs
for water quantity management shall utilize the following techniques, in order
of preference:
a. Preservation of the natural features of
development sites, including natural storage and infiltration characteristics;
b. Preservation of existing natural
streams, channels, and drainage ways;
c. Minimization of new impervious
surfaces;
d. Conveyance of storm water in open vegetated
channels;
e. Construction of structures that provide
both quantity and quality control, with structures serving multiple sites being
preferable to structures serving individual sites; and
f. Construction of structures that
provide only quantity control, with structures serving multiple sites being
preferable to structures serving individual sites.