ORD1974275ORD INANCE # 275
AN ORDINANCE TO REPEAL AND RECREATE AND TO
AMEND CHAPTER 8 OF THE MUN IC1 PAL CODE
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION I: Section 8.02 (I) of the Municipal Code
is hereby repealed and recreated to provide as follows:
8.02 (I)
a. No driveways shall be constructed or maintained
connecting with any semi-improved streets or alley unless
a suitable culvert is first installed across the gutter
of the semi-improved street or alley where necessary for
the public welfare.
(I) Culvert shall be constructed of corrugated
steel pipe. The culvert shall have a diameter of not less
than 15 inches unless otherwise approved in writing by the
Highway Sup't. The length of the culvert shall be no less
than 20 feet nor more than 35 feet. All culverts with a
diameter up to and including 24" shall be of 16 gauge steel
All concrete culverts shall have approval of Public Works
prior to installation. All culverts shall be equipped
with endwalls approved by the Highway Sup't.
b. Fees
(I) Frior to the issu ance of a building
permit the applicant shall deposit with the City Treasurer
a fee equal to the estimate cost of the culvert installation.
(2) In addition to the specified fee for culvert
installation, a cash deposit of $200.00 shall be required
to insure proper care, maintenance, and landscaping of
the roadside ditch. The cash deposit shall be specifically
applicable to the property for which the culvert installation
application has been made, and will be held by the City
until the owner requests a return of the financial guarantee,
provided and upcn such request being made, the Highway Sup't.
shall make an inspection. If the ditch has been properly
restored and landscaped, then financial guarantee shall be
returned. If nc such request has been made after one
year, any work needed to be done on the landscaping or
or restoration of the ditch, the work will be done by the
City and that cost shall be deducted from the deposit.
If the culvert application is for the second
driveway after the first driveway and normal landscaping
have been completed and approved, then at the discretion
of the Building Inspector the financial guarantee requirements
may be waived.
SECTION 2: Section 8.04 (3) is hereby amended to
provide as follows:
8.04 (3)
BOND. Before a permit is granted, a bond shall be filed
by the applicant for such permit with the City Clerk in the
amount of $2,000.00, which bond shall, be executed by a
licensed surety company as surety as a gmrantee that the
applicant for such permit will comply with all City ordinances
relating to such permit and will maintain and restore the
street, alley, sidewalk, or public grounds as required by
the Municipal Code and will maintain the same for a period
of one year. In the event the City Engineer determines that
the nature and extent of the excavation or opening requires
a bond in excess of $2,000.00 to guarantee restoration of
the excavated ar.sa as required by the Municipal Code, the
bond shall best3bIished in an amount so determined by the
City Engineer. Contractors who average 4 permits in a
one month period shall, in lieu of the $2,000.00 bond herein
provided, file a $5,000.00 bond conditioned as above which
shall cover a 12 month period.
SECTION 3: Section 8.04 (4) is hereby amended to provide
as follows:
(4) INSURANCE. Prior tocommencement of excavation work
the permittee shall furnish the City Clerk satisfactory
written evidence that he has in force and will maintain
during the life of the permit and the period of excavating,
public liability insurance of not less than $lOO,OOO.OO
for injury to one person, $300,000.00 for one accident,
and property damage insurance of not less than $50,000.00.
SECTION 4: Section 8.04 (8) is hereby amended to provide
as follows:
(8) REPLACING STREET SURFACE. In opening any street or
sidewalk, the paving materials, sand, gravel, and earth
or other material moved or penetrated and all surface
monuments or shrubs must be removed and replaced as nearly
as possible in their original condition or position and
the same reldion to the remainder as before. Any excavated
material shall be replaced with approved back fill material.
All rubbish shall be immediately removed, leaving the
street or sidewalk in perfect repair.
Upon issuance of a permit to excavate, there shall be
deposited with the City Treasurer, a cash deposit, equal
to theestimated cost of replacing the surface in its
original condition as determined by the Highway Sup't. but
in no case shall the cash deposit, be less than $200.00.
Notice must be Given the Highway Sup't. 12 hours in advance of
the time of replacing of the pavements and pavements shall
not be rqdaced without an Inspector on the job. Upon completion
of the work and acceptance by the Highway Sup‘t., the
City‘s cost of wch inspection shall be determined by
the Highway Sup?. and said cost deducted for the deposit.
After approval by the Highway Sup’t., 75% of the required
deposit may be rt?turned. The rernamder of the deposit
shall be retained for one year after the pavement has
been replaced. If it becomes necessary for the pavement
to be repaired 01- rep1 aced by the City th cost shal I be
deducted from the deposit and the excess returned to the
person making the deposit. The provisions of this section
shall not apply to City Public Utilities or City.
SECTION 5: All ordinances or prts of ordinances contravening
or inconsistent with this ordinance are hereby repealed.
SECTION 6: This ordinance shall be in full force and
effect from and after its passage.
PASSED AND APPROVED THIS J’d DAY OF&- , 1974.
ATTEST:
/ STATE OF WISCONSIN )
Milwaukee County )
) ss.
CITY OF MUSKEGO
Official Notice
ORQINANCE #215
AN ORDINANCE TOREPEALAND
RECREATE AND TO AMEND
CHAPTER 8 OF THE MUNICIPAL
CODE
THE CITY OF MUSKEGO: WIS-
THE COMMON COUNCIL OF
CONSIN, DO ORDAIN AS FOL-
LOWS:
SECTlON 1. Section 8.02 (I)
'repealed and recreated to pro-
01 the Municipal Code is hereby
vide as follows:
8.02'(1)
a. No driveways shall be con-
structed or maintained connecting
or alley unless a suitable culvert
with any semi-improved streets
is first installed across the gutter
of the semi-improved streetoral-
lev where necessary for the pub-
IiC welfare.
(1) Culvert shall be construct-
ed'of corrugated steel pipe. The
culvert shall have a diameter Of
not less than 15 inches unless
otherwise approved in' writing by
the Highway Sup't. The length of
the culvert shall be no less than,
20 feet nor more than 35 feet. All
culverts with a diameter up to and
including 24" shall be of 16 gauge
steel. All concrete culverts shall
have ,approval of Public Works
prior to installation. All culverts
shall be equipped withendwalls ap-
proved by the Highway.Sup't.
b. Fees
(1). Prior to the issuance of a
building permit the applicant shall
deposit with the City Treasurer a
fee equal to the estimate cost of
the culvert installation.
fee lor culvert installation, a cash
(2) In addition to the specified
deposit of $200.00 shall be required
to insure proper care, mainte-
nance, and randscafing of the road-
side ditch. The cashdeposit shall
be sfiecifically applicable to the.
property for which the culvert in-
stallation application. tias been
made, and will he held by the City
01 the financial guarantee, provided
until the owner requesls a retdrn
and upon such request being made,
the Highway Sup't. shall make
an inspection. II the ditch has
been properly restored and land-
scaped, .then financial guarantee
shall be returned. Wno such re-
'any. work needed to be done on the quest has beenmadeafter one year,
landscaping or restoration of the
ditch, the work will be done by the
City and that cost shall be de-
ducted from the deposit.
If the culvert application is for
driveway and normal landscaping
the second driveway after thefirst
have been completedandapproved.
then at the discretion of theBuild-
tee~.requir&ents.-may-be waived"
ing Inspector the financialguaran-
SECTION '2. .Section 8.'04.(3) is
hereby amended"t0 provide as fol-
lows:
Duane Dunham, being duly sworn,
doth depose and say that he is an authorized representative of
The .C,2n . . . . .. . ..
a newspaper published at . . . . Muskero.
Wisconsin .and that an advertisement ofwhich the annexed is a
.. .
true copy, taken from said paper, was published therein on
.. .&.*":[. . .y M7y'
i /"'"
n
J Publisher (Title)
Subscribed and sworn to before me this . JAg day
of
8.04 (3)
BOND. Beforeapermit isgrant-
ed. a bond shall be filed by theap-
plicadt for such perm'.t with the
City Clerk, in the amount 01
$2,000.00., which bond shall be^
executed by al!censedsoretycom-
panyas surety as a guarantee that
the applicant for such permit will
comply with; ,a! City mmdinances
relating to such permit and will
alley, sidewalk, or public grounds
maintain and restore ':he street,
as required by the Municipal Code
and will maintain the !;ame for a
pefiod -of one year. 111 the event
ttie .nature and extent of the exca-
the City Engineer determines that
vation or opening requires a bond
in excess of $2,000.00 to guaran-
tee restoration' 01 the excavated
pal Code. the bond shall-be es-
area as required by the Munici-
tablished in an, amount so deter-
mined by the City Engineer. Con-
.t,ractors who average 4 permits
,in a one month periol. shall, in
lieu of the $Z.OOO.DO I~ond here-
in provided; file a $5,000.00 bond
conditioned as above vrhich sh,all
cover a 12 month perigd.
SECFION' 3:. ~ection.8.04 (11) is
hereby amended to provide as 101-
lows:
commenceme?t 01 excavationwork
the permittee shall 'Iurnish the
City Clerk satsifactory written
evidence that he has ill force and
will maintain during the life 01 the
permit and the period 31 excavat-
of not less than $lOO,OOO.~O for
ing, public liability, insurance
injury to.one person, Q:300,000.00
for one accident, and property
(4) INSURANCE. Prior 10
.$50.000.00.
damage insurance of not less than
SECTION 4: Section 8.04 (8) is ~~~ ~~~~
.hereby amended lo provide as 101-
lows:
..
(8) REPLACING STREET SUR-.
,sidewalk. the' paving materials,
FACE. In opening any itreet or
'sand, gravel, .and earth or other
material moved or penetrated and
ail surface monuments or shrubs
must be removed and replaced as
nearly as possible in their origi.-
same relation to the remainder
nal condition or position and the
as before. Any excavated ma-
terial shall be replaced with ap-
proved .back fill .material. All
rubbish shall be iminediately re-
moved, leaving the street or side-
walk in perfect repair.
Upon issuance of a permit to
excavate, there shall be deposit-
ed with the CIty Treasurer, acash
deposit, equal to the estimated
cost of replacing the surlace in
its original condition as deter-
in no case shall the cash deposit,
mined by the Highway Supt. but
be given the Highway, Sup't. 12
be less than $200.00. '.Notice must
hours in advance of the timeoire-
placing of the pavementsandpave-
ments shall not be replaced with-
out an Inspector on the job. Upon
completion of the work and accep-
tance by the Highway Sup't.. the
City's cost of suchinspectionshali
be determined by. the 'Highway
Sup't. and said cost deducted for
Highway Sup't., 15%oltherequired
the deposit. Aher approva1,by the
deposit may be returned. The re-
tained,for one~year after thepave-
mainder of the depozit shall be re-
ment has been replaced. If it be-
comes'necessary for thepavement
to be repaired or replaced by the
City the cost shall bededucted from
the deposit and the excess returned
The provisions ofthis sectionshall
to the person making the deposii.
not apply to CityPublicUtilitiesor
City.
SECTION 5: All ordinances or
parts of ordinances contravening
are hereby repealed.
or inconsistent with thisordinance
SECTION 6: This ordinance
shall be in full force and ellect
from and-after its passage.
26 DAY'OF MARCH, 1914..
PASSED AND APPROVED THIS
/s/Jerome.J:'~~ottIried,, '
Mavor