ORD1992757AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #757
AN ORDINANCE TO AMEND CHAPTER 8, SECTIONS 8.02 & 8.025,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
Streets and Sidewalks: Driveway and Culvert Construction
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 8, Section 8.02, of the Municipal Code of
the City of Muskego, Wisconsin, is hereby amended to read as
follows:
8.02 DRIVEWAY AND CULVERT CONSTRUCTION FOR AREAS CONTAINING
DITCHES
(1) No driveways shall be constructed or maintained connecting
with any semi-improved streets or alley unless a suitable
culvert is first installed across the ditch of the
semi-improved street or alley where necessary for the
public welfare.
(2) 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 Public Works
Superintendent. The length of the culvert shall be no less
diameter up to and including 24" shall be of 16 gauge
than 20 feet nor more than 35 feet. All culverts with a
Works prior to installation. All culverts shall be
steel. All concrete culverts shall have approval of Public
equipped with end walls approved by the Public Works
Superintendent.
(3) Fee
(a) Prior to the issuance of a building permit, the
property owner of record shall deposit with the City
Treasurer a fee equal to the estimated cost of the
culvert installation. In addition to the specified
fee for culvert installation (as determined by the
Public Works Superintendent), the property owner of
record shall deposit with the City Treasurer a cash
deposit (which shall be as from time to time
established by resolution of the Common Council) to
the roadside ditch. The ditch deposit shall be
insure proper care, maintenance, and landscaping of
building permit or culvert installation application
specifically applicable to the property for which the
has been made.
(b) An administration and inspection fee (which shall be
as from time to time established by resolution of the
Common Council) will also be required in addition to
the deposit. This fee will not be refundable.
Qrd. #I51 Page 2
(c) Restoration of the ditch area shall be completed
within 15 months from the date of the deposit with the
City.
1. Prior to the 15-month deadline, the property owner
may, after restoring the ditch area, call the
Public Works Superintendent to schedule an
inspection of the affected area. Upon a
determination by the Public Works Superintendent
that the work is completed and that the ditch has
been properly restored, the Public Works
Superintendent shall send written notice to the
property owner of record indicating that they have
30 days to claim the deposit, and in the event
that said deposit is not claimed within the 30 day
period, the deposit shall be forfeited to the City.
2. After the 15-month deadline has passed, if the
City has not been contacted by the property owner
of record to request an inspection, the City will
schedule, at its convenience, an inspection of the
site. Upon a determination by the Public Works
Superintendent that the work is completed, and
that the ditch has been restored properly, the
Public Works Superintendent shall send written
notice to the property owner of record indicating
that they have 30 days to claim the deposit. In
the event that said deposit is not claimed within
the 30 day period, the deposit shall be forfeited
to the City.
3. Failure to restore the ditch within the 15-month
period will result in the Public Works Department
sending written notification to the property owner
of record establishing a date for the restoration
to be completed by, as determined by the Public
Works Superintendent. Failure to comply by this
date will result in the City ordering the work
completed by the Public Works Department. The
Public Works Superintendent shall keep a detailed
accounting of the costs and expenses of performing
this work in the event that the charges exceed the
deposited amount, the balance due shall be entered
on the tax roll as a special tax against the
property and collected with any other taxes levied
thereon for the year in which the work is
completed pursuant to Wisconsin Statutes Section
66.60(16). After said charges have been applied
to the deposit, if there is any remaining balance,
the Public Works Superintendent shall send written
notice to the property owner of record indicating
that they have 30 days to claim the remaining
balance. In the event that said remaining balance
is not claimed within the 30 day period, the
remaining balance shall be forfeited to the City.
Ord. #757 Page 3
(d) If the culvert application is for a second driveway
after the first driveway and normal landscaping have
been completed and approved, then at the discretion of
the Public Works Superintendent the financial
guarantee requirements may be waived.
(4) Culverts-Existing Driveways.
(a) Where the public welfare requires a suitable culvert
Superintendent shall notify, in writing, the property
for an existing driveway, the Public Works
street or alley that such installation shall be
owner maintaining the driveway across any ditch in any
completed in 10 days or the City will have a culvert
installed by the Public Works Department at the
expense of the abutting property owner. The property
owner may appeal the order of the Public Works
orders shall become conclusive.
Superintendent within these 10 days, otherwise such
1. If such installation is not completed or an appeal
filed within this 10-day period, the City may
enter upon the land to install the culvert and
cause to be performed the work required to restore
the site.
(b) The Public Works Superintendent shall keep a detailed
accounting of the costs and expenses of performing this
work and these costs and expenses shall be entered on the
tax roll as a special tax against the property and
collected with any other taxes levied thereon for the year
in which the work is completed pursuant to Wisconsin
Statutes Section 66.60(16).
SECTION 2: Chapter 8, of the Municipal Code of the City of
Muskego, Wisconsin, is hereby amended to add Section 8.025 to
read as follows:
8.025 DRIVEWAY CONSTRUCTION TO STREETS AND ALLEYS CONTAINING
CURB AND GUTTER
(1) Driveways to be constructed connecting any streets or
alleys containing curb and gutter shall be subject to
8.025(2).
(2) Fee
(a) Prior to the issuance of a building permit, the
property owner of record shall deposit with the City
Treasurer a cash deposit (which shall be as from time
Council) to insure proper care and the maintenance,
to time established by resolution of the Common
gutter and the area between the property line and the
restoration, repair and landscaping of the curb and
curb and gutter after construction of the driveway.
Ord. #757 Page 4
a
The cash deposit shall be specifically applicable to
the property for which the building permit application
has been made.
(b) An administration and inspection fee (which shall be
as from time to time established by resolution of the
Common Council) will also be required in addition to
the deposit. This fee will not be refundable.
(c) Restoration of the curb and gutter and the area
between the property line and the curb and gutter
shall be completed within 15 months from the date of
the deposit with the City.
1. Prior to the 15-month deadline, the property owner
may, after restoring the curb and gutter and the
area between the property line and the curb and
gutter, call the Public Works Superintendent to
a determination by the Public Works Superintendent
schedule an inspection of the affected area. Upon
that the work is completed and that the curb and
gutter and the area between the property line and
the curb and gutter has been properly restored,
the Public Works Superintendent shall send written
notice to the property owner of record indicating
that they have 30 days to claim the deposit, and
in the event that said deposit is not claimed
within the 30 day period, the deposit shall be
forfeited to the City.
2. After the 15-month deadline has passed, if the
City has not been contacted by the property owner
of record to request an inspection, the City will
schedule, at its convenience, an inspection of the
site. Upon a determination by the Public Works
Superintendent that the work is completed, and
that the curb and gutter and the area between the
property line and the curb and gutter has been
restored properly, the Public Works Superintendent
shall send written notice to the property owner of
record indicating that they have 30 days to claim
the deposit. In the event that said deposit is
not claimed within the 30 day period, the deposit
shall be forfeited to the City.
3. Failure to restore the curb and gutter and the
area between the property line and the curb and
gutter within the 15-month period will result in
the Public Works Department sending written
notification to the property owner of record
completed by, as determined by the Public Works establishing a date for the restoration to be
Superintendent. Failure to comply by this date
will result in the City ordering the work
completed by the Public Works Department. The
Ord. #757 Page 5
<- .. .
Public Works Superintendent shall keep a detailed
accounting of the costs and expenses of performing
this work and in the event that the charges exceed
the deposited amount, the balance due shall be
entered on the tax roll as a special tax against
the property and collected with any other taxes
completed pursuant to Wisconsin Statutes Section
levied thereon for the year in which the work is
66.60(16). After said charges have been applied
to the deposit, if there is any remaining balance,
the Public Works Superintendent shall send written
notice to the property owner of record indicating
balance. In the event that said remaining balance
that they have 30 days to claim the remaining
remaining balance shall be forfeited to the City.
is not claimed within the 30 day period, the
SECTION 3: The several sections of this ordinance are declared
to be severable. If any section or~portion thereof shall be
declared by a decision of a court of competent jurisdiction to be
only to the specific section or portion thereof directly
invalid, unlawful, or unenforceable, such decision shall apply
specified in the decision, and not affect the validity of all
other provisions, sections, or portion thereof of the ordinance
which shall remain in full force and effect. Any other ordinance
whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 23RD DAY OF JUNE , 1992.
ATTEST :
LK. -h?&
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Published on the 2nd day
of July, 1992.
STATE OF WISCONSIN ) Judith - ZidIkovtski being duly sworn.
Milwaukee Counly ) The.. PL~~kcggo S~III.. ......................
) ss. dolh depose and say that he is an authorized represenlalive 01
~. a newsDaper published al ... I'lrcsko~o. ..............
CITY OP~W Official Notice
AMENDED COMMON COUNCIL
AN ORDINANCE TO AMEND CHAPTER ORDINANCE #I61
8. SECTIONS 8.02 & 8.026, OF THE MUN- ICIPAL CODE OF THE CITY OF MU-
SKEW
Streets and Sidewalks; Drivewav and
Culvert Construction
OF MUSKEGO, WISCONSIN, DO ORDAIN THE COMMON COUNCIL OF THE CITY
AS FOLLOWS SECTION 1: Chapter 8, Section 8.02. ofthe
MuniciDd Code of the Citv of Muskew. Wis-
mnsin,;s hereby amendei to read as'ioilows:
8.02 DRIVEWAY AND CULVERT CON- STRUCTION FOR AREAS CONTAINING DITCHES
maintained connecting with any sbmi-
(1) No driveways shall be constructed or
improved streets or alley unless a suitable
culvert is first installed acrom the ditch ofthe
semi-improved street or alley where neces-
sary for the public welfare.
gated steel pipe. The culvert shall have a
(2) Culvert shall be constructed of MM-
diameter of not less than 15 inches unless
otherwise approved in writing by the Public
Works Superintendent. The length of the
than 35 feet. All culverts with a diameter up
culvert shall be no less than 20 feet nor more
toandincluding24"shallbeof16gaugesteel.
All concrete culverts shall have approval of
Public Worka prior to installation. All
culverts shall be equipped with end wall8 ap-
proved by the Public Works Superintendent.
(3) Fee
(a) Prior to the issuance of a building per-
mit, the property owner of record shall depo-
nit with the City Treasurer a fee equal to the
estimated cost of the dvert installation. In
addition to the specified fee for culvertinatal-
lation (as determined by the Public Works
Superintendent), the property owner of re-
cord shall deposit with the City Treasurer a
time estebliahed by rewlution of the Com-
caeh deposit (which shall be as from time to
mon Council) to insure proper care, main&
nance..and landseaping ofthe roadside ditch.
The ditch deposit shall be specifically applic-
able to the property for which tbe building
permit or culvert installation applicntion has
been made.
(b) An administration and inspection fee
'(which shall be as fmm time to time estab-
will 4.0 be.rtgui~?.in.addI$o?~ W.!$~.$ep?
Liahed by rasolutim of the Commm~Council)
sit. This fee will not be refundable.
(e) Restoration of the ditch area shall be
completed within 15months fmm the date of
the deposit with the City,
erty owner may, after restoring the ditch
1.PrjOrtOthe16-monthdeadIine,theprop.
area,eallthePublieWorksSuperintendentto
schedule an inspection of the affected area.
Upon a determination by the Public Works
and that the ditch has been properly restored,
Superintendent that the work is completed
the Public Works Superintendent shall send
indicating that they have 30 days to claim the
writtennoticetothepropertyownerofrecord
deposit. and in the event that said deposit is
posit shall be forfeited to the City.
not claimed within the 30 day period, the de-
2. After the 15-month deadline has passed,
ifthe City has not been wntacted by the prop-
erty owner of record to request an inspection,
inspection of the site. Upon a determination
the City will schedule, at its convekence, an
by the Public Works Superintendent that the
work is completed, and that the ditch has
been restored properly, the Public Works
Superintendent shall send written notice to
the property owner of record indicating that
they have 30 days to claim the deposit. In the
event that said depositianot cJaimed within
the 30 days period, the deposit shall be for-
feited to the City.
....... , .. , .............
...... .7/2/%?--. ......... . ..........................
...........................
...........................
Y BOOKKEEPER.
My Commission expires, ... .. .A1?~1~.11...19.93 .
3. Failure to restore the ditch within the "K&D&=~~'STRUCTION - TO , 15-month period will result in the Public ,STREETS AND ALLEYS CONTAINING ' Works Department sending written notifica- 1 CURB AND GUTTER tionta the property owner ofrecordestablish- (1) Driveways to beconstructed connecting ing a date for the restoration to be completed any streeta or alleys containing and gut by,asdetermined bythePublicWorksSuper- ter shall be subiect to 8.02~91
intendent. Failure to comply by this date will
result in the City ordering the work com-
pleted by the Public Works Department. The
Public Works Superintendent shall keep de-
tailed accounting ofthe costs and expenses of
performing this work in the event that the
charges exceed the deposited amount, theba-
lance due shall be entered on the tax mU as a
speaal tax against the property and collected
with any other taxes levied thereon for the
ysar in which the work is completed pursuant
to Wisconsin Statutes Section 68.60(16). AT- . The cash deposit shall be specifically appl.
t8r mid &ages have been spplied to the de- 'icable to the property for which the building
Public Works Superintendent shd send (b) An administration and inspection fee
poait.'if there is any remaining balance, the permit application has been made.
iodicatingthattheyhave30daystoclaimthe liahed by resolutionofthe Common Council) ~ttennoticetothepmpertyownerofrecord (which shall be as from time to time estab-
remaining balance. In the event that said re- will also be required in addition to the depo-
'maining balance is not daimed within the 30 sit. This fee will not be refundable.
days period, the remaining balance shall be (c) Restoration of the curb and gutter and
forfeited to the City. the area between the property line and the
(dl If the &vert application is for a second curb and gutter shall be completed within 15 I driveway *r the fyst driveway &d months from the date oftha deposit with the
.:. land8cfpi.n& . - ha_v_e -be-- $opls+7d-apd pp City.
proved, then at the discretion of the Public erty owner may, after restoring the and
1. sort., the 15-monthdeadline, theprop-
Works Superintendent in the financial guar. gutter and the area between the Property he
antee requirements may be waived.
(4) Culvert.-Existing Driveways.
and the curb and gutter. call the Public
(a) Where the public welfare a tion of the affected area. Upon a determina-
WorkaSuperintendent toschedulean inspec-
suitable culvert for an existing driveway, the tion by thePublicWorksSuPerintendentthat
Public Works Superintendent shall notify, in the work is completed and that the Curb Fd
writing. the property owner maintaining the gutter and the area betareen the Property he
driveway across any ditch in any street or& and the curb and gutter has been Properly re-
in 10 days or the City dl have a culvert i,,. shall send written notice to the Property ley that such installation shall be completed stored, the Public Works Supemtendent
the expense of the abutting property owner. days to claim the deposit. and in the event stalled by the Public Works Department at owner of record indicnting that they have 30
The property owner may appeal the order of that said deposit is not Chimed within the 30
the Public Works Superintendent within day period, the deposit Shall be forfeited to
these 10 days, otherwise such orders shall be- the City.
come conclusive.
1. If such installation is not completed or ittheCityhasnotbeenwntactedbytheproP-
2. ARerthe 15-month deadline has passed,
an appeal filed within this IO-day period, the erty owner of reeord to request an inspection,
City may enter upon the land to'install the the City will schedule, at ib convenience, an
culvert and muse to be performed the work inspection ofthe site. Upon a dete-ination
required to restore the site. by the Public Works Superintendent that the
keepadetailedaccountingofthecostsandex- ter and the area between the PmPertY line (b)ThePublicWorksSuperintendentshall workLIcompleted,andthattheeurbandgut-
Penses of performing this work and these and the curb and restored
caste and expenses shall be entered on the tax properly, the Public Works superintendent
collected with any other taxes levied thereon owner of record indicating ulat they have 30
roll 88 a special tax against the property and shall send writtan notice to the Property
for the year in which the work is completed days to claim the deposit. In the Vent that
pursuant ~~ to Wisconsin Statutes Section -sddd&t*, hot'el&IdmdwithWth*3~dW
~ ~-
66.60(16).
Code of the City of Muskego. Wisconsin, is
hereby amended to add Section 8.026 to read
SECTION 2 Chapter 8, of the Municipal r.i+,"
period, the depoait &all be forfeited to the
as followa.
"... , 3. Failure to reatore the curb and gutter
and the area between the pmprty line and
id will result in the Public Works Depart
the curb and gutter within the 16-month per-
ment sending written notification to the
property owner of mrd establishing a date
termined by the Public Worka Superinten- for the restoration to be completed by. as de-
dent. Failure to comply by this date will re-
sult in the City ordering the'work completed
by the Public Worb Department. The Public
Works Superintendent shall keep a detailed
performing this work and in the event that
accounting of the cost and and expenses of
the charges exceed the depoaited amount, the
balance dueahdl be entered on the tax roll as
lected with any other tares levied thereon for
a special tax against the property and eol-
the year in which the work is completed pur- suant to Wisconsin Statutes Section
66.60(16). After said charges have been ap-
plied to the deposit. if there is any remaining
balance. the Public Worka Superintendent
shall send written notice to the property
owner of record indicating that they have 30
days to claim the remaining balance. In the
claimed within the 30 days period, the re-
event that said remaining balance is not
maining balance shall be forfeited to the City.
ordinance are declared to be severable. If any
SECTtON 3: The several sections of this
section or portion thereofahall be declared by
adecision ofa wurtofcornpetentjurisdiction
to'be invalid, unlawhd, or unenforceable,
such decision shall apply only to the speciiic
section or portion thereofdirectly specified in
the dedaion, and not affect the validity of all
other provisions. sections, or portion thereof
force and effect. Any other ordinance whose
of the ordinance which shall remain in full
terms are in conflict with the provisions of
thisordinanceareherebyrepealedastothose
tenna that conflict.
ForceandeITectfromandaReritspaaaageand
SECTION 4: This ordinance shall be in full
publication. PASSED AND APPROVED THIS 23RD
DAY OFJUNE. 1992.
Id Wayne G. Salentine
Mayor AITEST:
Id Jean I€ Marenda
City Clerk Published on the 2nd day
of July, -92.
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