§ 74-3. Sidewalk construction and repair.

(a)

Village to repair. It shall be the duty of the village to repair existing sidewalks along or upon any street, alley or highway in the village. The costs thereof shall be the village's responsibility except, when repair, or replacement is located within a driveway approach, or due to encroachment in accordance with subsection 74-7(a).

(b)

Developer to construct. It shall be the duty of the developer to construct sidewalks along or upon any street or highway in the village. This includes new sidewalks resulting from new residential and nonresidential development, sidewalks to connect to the existing sidewalk network, and existing sidewalks damaged during construction. The costs thereof shall be the developer's responsibility.

(c)

Sidewalk requirements. Sidewalks shall be required for the following:

(1)

Lots platted by subdivision or certified survey map after January 1, 2000;

(2)

Existing residential properties that have existing sidewalks as of the effective date of this ordinance;

(3)

Existing residential properties without sidewalks located between properties with sidewalks or part of a sidewalk system;

(4)

Construction of nonresidential properties;

(5)

Reconstruction or redevelopment of existing nonresidential properties;

(6)

As required in developer agreements; and

(7)

As required by the village board.

(8)

Sidewalk exemptions. Sidewalks shall be exempted for the following:

a.

Existing residential properties that do not have sidewalks as of the effective date of this ordinance and are not part of a contiguous sidewalk system;

b.

Lots platted by certified survey map in a residential neighborhood designated an exemption under [section] 74-3(d);

c.

Along streets constructed with rural cross-sections with roadside ditches unless directed by the village board;

d.

Multi-use trails may be constructed in lieu of sidewalks when part of the multi-use trail system and;

e.

Other locations upon recommendation of the village engineer or public works supervision to the village board.

(9)

Construction standards and specifications. Whenever sidewalks shall be laid, rebuilt, repaired, lowered and raised along or upon any public street, alley, or highway within the village, it shall proceed according to W.S.A., § 61.36; Wisconsin Department of Transportation's Standard Specifications for Highway and Structure Construction, current edition; and the Village of Mukwonago Specifications, current edition.

(10)

Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the village unless he is under contract with the village to do such work or has obtained a permit therefore from public works supervision at least seven days before work is proposed to be undertaken. Applicable fees shall be charged for such permits.

(11)

Repair and replacement of defective sidewalk:

a.

The village will evaluate a portion of the sidewalks within the village each year. The intent is to inspect sidewalks on a ten-year recurring cycle. Public works supervision will be responsible for performing the evaluation utilizing the criteria summarized in section 74-3(h).

b.

Public works supervision will perform the applicable inspections during the spring of each year, or as needed, and make a determination as to which sidewalks are defective and which sidewalks must be repaired or replaced by May 31 of each year.

c.

Sidewalks requiring repair and replacement shall be summarized on a priority list maintained by public works supervision, with recommendations for specific repair and/or replacement presented at the June public works committee meeting.

d.

All sidewalks and drive approaches within the right-of-way will be evaluated for repair and replacement, including carriage walks.

e.

Repair or replacement of defective sidewalks that are not part of a drive approach shall be by village contract: The village shall let a contract for repair and replacement of defective sidewalk each year.

f.

Drive approaches and sidewalks contained within drive approaches shall not be repaired or replaced by the village.

1.

Costs to repair or replace driveway approach and sidewalks contained within drive approaches shall be borne by the property owner.

g.

Defective sidewalk slabs adjacent to a driveway approach shall be separated from the driveway approach and repaired or replaced as determined by the village engineer or public works supervision.

1.

Costs to repair or replace defective sidewalk slabs that are not located within drive approaches will be borne by the village.

h.

Trees and other encroachments in the right-of-way.

1.

Private encroachments and obstructions, including trees, within the right-of-way shall be removed and not be repaired or replaced by the village.

2.

Prior to the installation of new sidewalks, the owner of a tree located in the path of a proposed new sidewalk may make a request to public works supervision to alter the path of the sidewalk around the existing tree. However, if the request is granted and sidewalk path is subsequently altered, the owner will be responsible for replacement of the altered portion after the tree is removed.

3.

In the course of sidewalk repair and replacement, tree roots shall be cut and ground to make way for the repaired walk or drive approach. If in the opinion of the village forester, the damage to the roots is so significant as to endanger a street tree, the forester may order removal.

4.

A property owner may request the village remove a street tree that is likely to cause continuing problems with the repaired sidewalk. If such a request is made the village forester shall evaluate the need to remove the tree.

5.

An adjacent property owner may request removal of street trees from the village forester, who will consider the requests. All removal costs shall be borne by the adjacent property owner.

6.

All species of tree replacements will come from the village's approved street tree list.

7.

The village is not responsible for damage to, or replacement of trees outside the limits of the right-of-way.

(12)

Sidewalk slabs requiring repair or replacement: The following criteria will be used by village public works staff to determine sidewalks requiring repair or replacement.

a.

Sidewalk slab is cracked or there is differential settlement or heaving at walk joints of three-quarters of an inch or more at any point along the crack or joint.

b.

The sidewalk has heaved three inches or more in a ten-foot length of walk from the normal line of grade of the sidewalk.

c.

The sidewalk is depressed three inches or more in a ten-foot length of walk from the normal line of grade of the sidewalk.

d.

The sidewalk ponds water or is back pitched (sloped away from the street).

e.

A sidewalk slab has cracked into more than two pieces, or cracks have horizontal separations equal to one quarter of an inch or more.

f.

A sidewalk slab has spalled over fifty percent of its surface.

g.

The sidewalk has a horizontal offset of three-quarters of an inch or more between pieces or slabs.

h.

Sidewalk slab has a piece, or pieces missing to the extent it could be considered a hazard.

i.

A sidewalk slab that slopes more than one inch per foot in any direction, unless the slab is a part of a continuous grade of sidewalk in excess of one inch per foot.

j.

A sidewalk slab that has multiple defects even if the limits of the individual criteria is not met.

k.

Any other sidewalk defects, which could be considered a hazard to the public.

(Ord. No. 880, § I, 9-16-14; Ord. No. 902, § II—IV, 7-21-15)