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HomeMy WebLinkAboutChapter 25 - Streets and Sidewalks City of Oshkosh Municipal Code Revised 1/11/22 CHAPTER 25 STREETS AND SIDEWALKS ARTICLE I. GENERAL REGULATIONS. 25-1 AUTHORITY TO MAKE ADDITIONAL RULES 25-2 PERMITS TO BE KEPT ON JOB SITE AND DISPLAYED TO CITY OFFICIALS ARTICLE II. STREETS AND ALLEYS. 25-3 COUNCIL TO ESTABLISH GRADES 25-4 INTERFERENCE WITH GRADE STAKES 25-5 OPENING OF STREETS 25-6 STREET SURFACING IMPROVEMENTS TO REQUIRE COMMON COUNCIL ACTION 25-7 PROCEDURE FOR STREET IMPROVEMENTS BY PETITION; SCHEDULE OF CHARGES 25-8 PROCEDURE FOR STREET IMPROVEMENT BY ORDER OF THE COMMON COUNCIL WITHOUT PETITION 25-9 UNDERGROUND STREET IMPROVEMENTS 25-10 REPEALED 25-11 REPEALED ARTICLE III. WORK IN STREETS AND PUBLIC RIGHT-OF-WAYS. 25-12 RIGHT-OF-WAY EXCAVATION LICENSE REQUIRED 25-13 LIABILITY INSURANCE REQUIRED FOR ISSUANCE OF LICENSE 25-14 SURETY BOND;NATURE AND AMOUNT 25-15 APPROVAL OF POLICY AND BOND BY CITY ATTORNEY 25-16 WORK IN RIGHT-OF-WAY PERMIT REQUIRED 25-17 EXCAVATION AND BACKFILLING MATERIALS;MANNER IN WHICH WORK PERFORMED 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION;DAMAGE 25-19 REMOVING AND REPLACEMENT OF PAVEMENT AND CURB AND GUTTER 25-20 MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE TO BE CUT 25-21 RESTORATION IN THE RIGHT-OF-WAY 25-22 EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES IN CONCRETE,ASPHALT,OR ASPHALT OVER CONCRETE STREETS 25-23 STREET TO REMAIN OPEN TO TRAFFIC DURING COURSE OF EXCAVATION WORK 25-24 TELEVISING OF SEWERS 25-25 REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN MADE THEREIN ARTICLE IV. OBSTRUCTION IN STREETS. 25-26 OBSTRUCTIONS IN STREET PROHIBITED 25-27 PUBLIC NUISANCE 25-28 SPILLING MATERIALS ON STREETS PROHIBITED 25-29 PLANTING IN STREETS 25-30 TRAFFIC INTERFERENCE CAUSED BY BRANCHES OR NATURAL GROWTH City of Oshkosh Chapter 25—Page 1 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 25-30.1 TRAFFIC INTERFERENCE CAUSED BY BUILD-UP OF ICE 25-31 HEIGHT LIMITATIONS ON HEDGES AT INTERSECTIONS 25-32 RIGHT-OF-WAY OBSTRUCTION LICENCE 25-33 LIABILITY INSURANCE REQUIRED 25-34 SURETY BOND;NATURE AND AMOUNT 25-35 APPROVAL OF POLICY AND BOND BY CITY ATTORNEY 25-36 RIGHT-OF-WAY OBSTRUCTION PERMIT REQUIRED ARTICLE V. GENERAL PROVISIONS APPLICABLE TO OBSTRUCTIONS AND WORK IN THE RIGHT-OF-WAY 25-37 EXEMPTIONS FROM PERMIT REQUIREMENTS 25-37.1 EMERGENCY SITUATIONS 25-37.2 BARRICADING AND SIGNS 25-37.3 STREET AND PUBLIC RIGHT-OF-WAY OBSTRUCTION PROTECTION 25-37.4 CITY TO ERECT BARRICADE ARTICLE VI. MOVING BUILDINGS ALONG STREETS. 25-38 PERMIT REQUIRED 25-39 APPLICATION FOR PERMIT 25-40 BOND AND CONDITIONS FOR MOVING 25-41 VIOLATION OF PERMIT ARTICLE VII. SIDEWALKS/DRIVEWAY APPROACHES 25-42 CONSTRUCTION AND REPAIR REGULATED 25-43 BOARD OF PUBLIC WORKS AUTHORIZED TO CONSTRUCT AND REPAIR; ADVERTISING FOR BIDS 25-44 STATE LAW APPLICABLE 25-45 CONCRETE SIDEWALK/CURB CUT LICENSE REQUIREMENTS 25-46 CONCRETE SIDEWALK/CURB CUT CONTRACTORS-LICENSE;APPLICATION;CONTENTS 25-47 CONCRETE SIDEWALK/CURB CUT CONTRACTOR - CHANGE IN BUSINESS NAME OR ADDRESS 25-48 LICENSE FEE;PAYMENT TO TREASURER 25-49 LIABILITY INSURANCE REQUIRED 25-50 BOND 25-51 SIDEWALK CONSTRUCTION-LIGHTS AND BARRIERS 25-52 SIDEWALK/CURB CUT/DRIVEWAY APPROACH CONSTRUCTION PERMIT;APPLICATION; CONTENTS;ISSUANCE BY BOARD OF PUBLIC WORKS 25-53 SIDEWALK LINE AND GRADE 25-54 SIDEWALK WIDTHS 25-55 SIDEWALK THICKNESS 25-56 SIDEWALK CONSTRUCTION-STANDARD SPECIFICATION 25-57 HOLLOW SIDEWALKS 25-58 SIDEWALK CONSTRUCTION 25-59 CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR;DEFECTIVE SIDEWALK,CURB City of Oshkosh Chapter 25—Page 2 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 CUT,OR DRIVEWAY APPROACH;NOTICE TO REBUILD; CITY MAY REPAIR; COST 25-60 POWERS OF THE BOARD OF PUBLIC WORKS TO GRANT VARIANCES; ARCHITECTURAL SIDEWALKS 25-61 REPEALED 25-62 SIDEWALK CAFE 25-63 RESERVED 25-64 RESERVED 25-65 RESERVED 25-66 RESERVED 25-67 RESERVED ARTICLE VIII. SNOW AND ICE REMOVAL 25-68 SNOW REMOVAL 25-69 WHEN CITY HAS TO DO WORK 25-70 RESERVED ARTICLE IX. NUMBERING OF BUILDINGS. 25-71 UNIFORM SYSTEM OF NUMBERING ESTABLISHED 25-72 BASE LINE FOR STREETS RUNNING NORTH-SOUTH 25-73 BASE LINE NUMBER TO BEGIN AT ZERO; EXCEPTION 25-74 EXPLANATION OF THE NUMBERING SEQUENCE 25-75 STREETS NOT EXTENDING TO BASE LINE 25-76 SURVEY AND ASSIGNMENT OF NUMBERS 25-77 DISTINCTIVE NUMBERS FOR PORTIONS OF BUILDINGS 25-78 PLAT BOOK TO BE KEPT 25-79 CITY ENGINEER TO INFORM APPLICANT OF NUMBERS 25-80 RESPONSIBILITY OF OWNER TO PROCURE NUMBERS 25-81 POLICE TO REPORT VIOLATIONS 25-82 REFUSAL TO NUMBER BUILDING ARTICLE X. REPEALED 25-83 REPEALED 25-84 REPEALED 25-84.6 REPEALED 25-85 REPEALED 25-85. REPEALED 25-86 REPEALED 25-87 REPEALED 25-88 REPEALED 25-89 REPEALED 25-90 REPEALED City of Oshkosh Chapter 25—Page 3 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 ARTICLE XI. ACCESS CONTROL 25-91 DEFINITIONS 25-92 PERMIT REQUIRED FOR CURB CUT CONSTRUCTION 25-93 APPLICATION 25-94 RESERVED 25-95 RESERVED 25-96 RESERVED 25-97 RESERVED 25-98 RESERVED 25-99 RESERVED 25-100 RESERVED 25-101 STANDARDS FOR ISSUANCE OF PERMIT 25-102 SUPERVISION OF DIRECTOR OF PUBLIC WORKS 25-103 ORDER TO ALTER CURB CUT 25-104 NOTICE OF ALTERATION ORDER 25-104.1 DRIVEWAY CONDITIONS AND CRITERIA 25-104.2 VARIANCES FOR UNUSUAL CONDITIONS ARTICLE XII. RIVER AND BRIDGES. 25-105 DIRECTOR OF PUBLIC WORKS 25-106 DUTIES OF BRIDGE TENDERS 25-107 LOITERING ON BRIDGES;FISHING 25-108 POLICE TO PRESERVE ORDER 25-109 DAMAGING BRIDGES 25-110 BOAT OPERATORS TO WAIT UNTIL BRIDGE OPENS 25-111 OBSTRUCTING BRIDGES 25-112 FASTENING VESSELS TO BRIDGES 25-113 CONDUCT OF VESSELS 25-114 ANCHORING VESSELS NEAR BRIDGES 25-115 BELL SIGNALS 25-116 BOATS,RAFTS, ETC. TO BE FASTENED 25-117 STEAMBOATS AND WHISTLES 25-118 ANCHORING IN RIVER 25-119 REPEALED ARTICLE XIII. PENALTIES 25-120 PENALTIES 25-121 LICENSE/PERMIT NON-RENEWAL, SUSPENSION,OR REVOCATION City of Oshkosh Chapter 25—Page 4 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 ARTICLE I. GENERAL REGULATIONS SECTION 25-1 AUTHORITY TO MAKE ADDITIONAL RULES In addition to the rules and regulations obtained in this Chapter for the construction use, and repair of streets,alleys,sidewalks and public places,the Director of Public Works shall have the authority to prepare, promulgate,and enforce such other rules,regulations,and conditions(not inconsistent with this Chapter)as may be deemed useful for the preservation of streets, alleys, sidewalks, and public places. A copy of all general rules, regulations and conditions shall be kept on file in the Department of Public Works and the Office of the City Clerk. In addition,the Director of Public Works shall have the authority to proscribe and enforce any rule(s) or condition(s) (not inconsistent with this Chapter) as may be deemed necessary or useful for the preservation of streets,alleys sidewalks and public places as a condition of any license or permit issued under the provisions of this Chapter. Violation of any rule, regulation or condition of the Director of Public Works shall be a violation of this Chapter. SECTION 25-2 PERMITS TO BE KEPT ON JOB SITE AND DISPLAYED TO CITY OFFICIALS It shall be the duty of every person,agent or employee to whom a permit is issued under the provisions of this Chapter to keep at all times said permit on the premises referred to in said permit and the holder of said permit, his agent or employee shall show said permit upon demand to any police officer or authorized representative of the Department of Public Works. ARTICLE II. STREETS AND ALLEYS SECTION 25-3 COUNCIL TO ESTABLISH GRADES The Common Council shall establish the grades of all streets and alleys in the City,and such grades shall be kept on file in the office of the City Engineer and City Clerk. No street or alley shall be worked by the City or the owner of the abutting property until the grade thereof is established and indicated by grade stakes. SECTION 25-4 INTERFERENCE WITH GRADE STAKES No person shall,without authority in writing from the City Engineer, interfere with, alter the position or level of, remove or destroy any line or grade stakes set by the City Engineer, or by his/her authority to designate the line or the grade of any such street or alley before same shall be built in accordance therewith. SECTION 25-5 OPENING OF STREETS Petition of abutting owners; dedicated streets. The request to open a dedicated street, i.e. preliminary blading for the preparing of the surface for vehicular traffic,may be initiated by petition of fifty-one(51)per City of Oshkosh Chapter 25—Page 5 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 cent of the ownership of the abutting property. A dedicated street may also be opened by order of the Council. SECTION 25-6 STREET SURFACING IMPROVEMENTS TO REQUIRE COMMON COUNCIL ACTION No street shall be surfaced or resurfaced with concrete, hot mix or oiling, without specific action by the Common Council. All such work shall be done at the full or partial expense of the benefited property,with special assessments or special charges levied according to Sections 66.0703 and 66.0705 of the Wisconsin Statutes. SECTION 25-7 PROCEDURE FOR STREET IMPROVEMENTS BY PETITION; SCHEDULE OF CHARGES (A) The owners of the abutting property may petition for surfacing by concrete,hot mix or oiling to be paid by the abutting property owners on a front foot basis. No concrete or asphalt pavement,except cold-mixed asphalt resurfacing shall be laid on a street without curbing. This provision shall not be construed to prevent resurfacing of an established pavement. Property owners may petition for curb and gutter,twelve(12)inches of rock and two(2)applications of asphalt and chips,the total cost to be borne by the abutting property owners. It shall be understood,however,that the petitions shall be subject to assessments for oiling and any high type surface at a later date. It shall be further understood that there is no guarantee for the life of rock-asphalt-chip surface. (B) The Common Council shall, from time to time, publish a schedule of charges representing the owner's portion of the improvement for the various types of street surfacing and the types of deferred payment plans available. SECTION 25-8 PROCEDURE FOR STREET IMPROVEMENT BY ORDER OF THE COMMON COUNCIL WITHOUT PETITION (A) The Common Council shall from time to time levy special assessments and arrange for street surfacing by concrete,hot mix or oiling,for such streets as the Common Council shall determine,all according to Sections 66.0703 and 66.0705 of the Wisconsin Statutes. (B) The Common Council, prior to the adoption of the preliminary, resolution declaring intent to exercise special assessment powers,or special charges under Section 66.60 of the Wisconsin Statutes for any specific street, may adopt a resolution designating said street and suggested type of resurfacing material calling for a non-statutory public hearing to be held before the Common Council on the question of whether such a preliminary resolution shall be adopted. SECTION 25-9 UNDERGROUND STREET IMPROVEMENTS No street shall be improved by high type surfacing unless water,sanitary sewer,storm sewer,and gas main City of Oshkosh Chapter 25—Page 6 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 and service pipes are first installed pursuant to Section 62.16 of the Wisconsin Statutes. High type surfacing shall be construed as including only concrete or hot mix surfacing. SECTION 25-10 REPEALED (1/11/22) SECTION 25-11 REPEALED (1/11/22) ARTICLE III. WORK IN STREETS AND PUBLIC RIGHT-OF-WAYS SECTION 25-12 RIGHT-OF-WAY EXCAVATION LICENSE REQUIRED (A) No person shall excavate or remove any portion of any street,alley,sidewalk,terrace,easement,or other public place in the City without having first obtained an annual or single site license from the Department of Public Works. The fee for such license shall be on file with the Department of Public Works as specified for annual and Single Site Licenses. (B) An Annual Right-of-Way Excavation License shall be valid from January 1 to December 31 of the year of issuance.An Annual Right-of-Way Excavation license shall be required when such work is greater than 200 continuous feet within the right-of-way,easement or other public place or work being performed at numerous locations within the time of issuance. Each work site shall require an individual Excavation Right-of-Way Permit. (C) A Single Site Right-of-Way Excavation License shall be valid from the date of issuance until the expiration date printed on the adjoining Right-of-Way Excavation Permit. Work permitted under this license shall be limited to 200 continuous feet within the right-of-way.The fee for such licenses shall not be pro-ratable. (D) Any person excavating within,the right-of-way without first obtaining an excavation license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. Any person obtaining an excavation license or permit after the work has been completed shall obtain an annual license and shall pay the late fee. SECTION 25-13 LIABILITY INSURANCE REQUIRED FOR ISSUANCE OF LICENSE Before a license to work within the right-of-way is issued,the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix "A" to this Chapter. SECTION 25-14 SURETY BOND; NATURE AND AMOUNT Before a Work in the Right-of-Way License may be issued,the applicant shall file with the Department of Public Works a surety bond in the form specified by the City Attorney in the amount of twenty five thousand dollars($25,000)for an Annual Right-of-Way Excavation License or five thousand dollars($5,000) City of Oshkosh Chapter 25—Page 7 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 for a Single Site Right-of-Way Excavation License conditioned that the principal obligator shall faithfully perform,or caused to be performed,all work in the right-of-way be done with proper care and skill,obey all laws of the State of Wisconsin,and all ordinances of the City in regard to obstruction of or work within the right-of-way areas and with the employment of labor, properly replace and restore any street, sidewalk, terrace or other public area in accordance with current edition of the Standard Specification for City of Oshkosh, Wisconsin, to pay to the City of Oshkosh any amounts due for services, labor, equipment or materials furnished in connection therewith within one week of invoice;that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay,including without limitation, damages, punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. SECTION 25-15 APPROVAL OF POLICY AND BOND BY CITY ATTORNEY The liability policy and surety bond shall be subject to approval by the City Attorney and shall be filed with the City Clerk. SECTION 25-16 WORK IN RIGHT-OF-WAY PERMIT REQUIRED No person shall excavate or remove any portion of any street, alley, sidewalk,terrace,easement, or other public place in the City without having first obtained a Work in Right-of-Way Permit therefore from the Department of Public Works. Any fee charged for a Work in Right-of-Way Permit will be established by resolution by the Common Council. A separate permit for right-of-way obstruction under this Chapter shall not be required. All work completed in any street,alley,sidewalk,terrace,easement,or other public place in the City must follow the current City of Oshkosh Standard Specifications published by the Engineering Division. SECTION 25-17 EXCAVATION AND BACKFILLING MATERIALS;MANNER IN WHICH WORK PERFORMED (A) All excavations in regularly traveled streets shall be backfilled to the street line, which is the property line established by the property abutting the street,with granular materials approved by the Department of Public Works,except that the terrace between the existing flow line or building side of the curb, and the street side of the sidewalk line the top ten(10) inches may be filled with earth. The granular materials approved by the Department of Public Works shall be well graded and all passing a one(1)inch screen. The stone shall be compacted in twelve(12)inch layers by use of hand or pneumatic tampers. That the top eight(8) inches of the trench in the traveled way,or if the curbing exists from back of curb to back of curb, shall be filled with crusher run stone, well graded and all passing a one (1) inch screen, compacted in place. City of Oshkosh Chapter 25—Page 8 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (B) All tunneling/boring shall be backfilled with sand and well packed by ramming in place so as to prevent settling, except slurry mix which is to be used where it is deemed necessary by the Department of Public Works. (C) The intent of this Section is to have all excavations backfilled to produce a stable surface. If trenches or tunnels should settle within a period of two (2) years, the firm or individual obtaining the excavation permit shall immediately re-excavate the trench,backfill,and restore the surface at their own expense when so ordered by the Department of Public Works. (D) All material excavated shall become the property of the contractor,and shall be disposed of by the contractor. SECTION 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION; DAMAGE No person shall remove or cause to be removed any earth from any street,alley,sidewalk,terrace,easement, or other public place in the City without first having obtained a Work in Right-of-Way Permit from the Department of Public Works. Any person removing or causing to be removed in violation of this section shall be liable for the actual cost to replace what was removed and a citation may be issued. SECTION 25-19 REMOVING AND REPLACEMENT OF PAVEMENT AND CURB AND GUTTER All pavement removal and replacement must follow the current City of Oshkosh Standard Specifications published by the Engineering Division. (A) Pavement removal on concrete streets shall be based on the PASER Rating. Concrete pavement replacement depth and dowel installation shall match existing pavement. (1) Streets rated 10-7 shall be full panel replacement (i.e. to nearest longitudinal and traverse joints) (2) Streets rated 6-4 shall be cut/restored as follows: (1) a minimum of a six (6) foot panel measured parallel to the pavement centerline remains or is created and(2)a full panel width perpendicular to the pavement centerline (3) Streets rated 3-1 but not listed in the Capital Improvement Program shall be replaced with a minimum of a six (6) foot wide section in all directions (4) Streets listed in the 5 year Capital Improvement Program shall be replaced with Hot Mix (unless otherwise specified by the Director of Public Works)three(3)inch minimum depth for locations classified as local residential streets;four(4)inch minimum depth for locations classified as collector or arterial streets (B) Pavement removal on asphalt streets shall be based on the PASER Rating. Pavement replacement type shall be specified by the Director of Public Works. City of Oshkosh Chapter 25—Page 9 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (1) Streets rated 10-7 shall have: (a) A minimum of a twenty-five (25) foot section which is parallel to the pavement centerline shall be milled and overlaid. The minimum overlay thickness shall be one and one-half(11/2) inches. (b) Asphalt surface replaced to a minimum of five(5)feet outside of the edge of the trench excavation (c) Overlay shall be to the nearest cold joint or pavement centerline (d) Pavement depth over the excavation shall be a four (4) inch minimum thickness for locations classified as local residential streets and five and one-quarter (51/4) inch minimum thickness for locations classified as arterial or collector streets (2) Streets rated 6-4 shall have a minimum of a six (6) foot by six (6) foot patch and shall be a four(4) inch minimum thickness for locations classified as local residential streets and five and one-quarter(51/4)inch minimum thickness for locations classified as arterial or collector streets (3) Streets rated 3-1 shall be replaced to a minimum of one(1)foot outside the edge of the trench excavation and shall be three (3) inch minimum thickness for locations classified as local residential streets and four(4)inch minimum thickness for locations classified as arterial or collector streets (C) Curb-gutter removal or replacement and curb cuts for new or modified driveway approaches shall be based on the PASER Rating. (1) Installation of a curb cut (a) Streets rated 10-7 shall be required to profile saw cut the curb head (by approved method) (b) Streets rated 6-4 shall be required to either profile saw cut the curb head or remove curb/gutter section so that a minimum of a six(6)foot joint spacing is to remain or be created. Minimum of one (1) foot of new curb head beyond the top of taper for situations such as at a wheelchair ramp, storm sewer inlet,etc. (c) Streets rated 3-1 shall require a profile saw cut or the curb/gutter shall be cut with either a one (1) or two (2) foot pan section with a minimum of a six (6) foot joint spacing to remain. Director of Public Works may reduce construction requirements based on field conditions. (2) Removal of curb cuts for abandoned driveway approaches (a) Streets rated 10-7 shall be required to remove and replace the concrete curb/gutter section to the next existing construction joint. The remaining adjacent pavement panel shall be a minimum of six (6) feet wide measured perpendicular to the pavement centerline. (b) Streets rated 6-4 shall have curb/gutter reconstructed so that a minimum of a six (6) foot joint spacing is to remain or be created. Minimum of one(1)foot of new curb head beyond the top of taper for situations such as at a wheelchair ramp,storm sewer inlet, etc. The remaining adjacent pavement panel shall be a minimum of six(6)feet wide measured perpendicular to the pavement centerline. City of Oshkosh Chapter 25—Page 10 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (c) Streets rated 3-1 shall have the curb/gutter be closed with either a one (1) to two (2) foot pan section with a minimum of a six(6)foot joint spacing to remain. Director of Public Works may reduce construction requirements based on field conditions. (d) Streets listed in the 5 year Capital Improvement Program are not required to close the curb cut with the abandonment of a driveway approach (D) Pavement removal and replacement on asphalt over concrete streets (1) Concrete removal shall follow Section 25-19(A)(3) (2) Asphalt pavement shall match existing depth or shall be installed as a two (2) inch minimum thickness (3) Asphalt removal limits shall follow Section 25-19(B) SECTIONS 25-20 MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE TO BE CUT (A) Where concrete sidewalks are encountered in the course of the excavation, a section of such sidewalk from joint to joint shall be removed according the current City of Oshkosh Standard Specifications. All sidewalks,wheelchair ramps,or crosswalks disturbed or removed in the course of the work shall be rebuilt or made in all respects as good,substantial and permanent as they were before the work was started. (REF: Article VII Sidewalks). All handicap ramps which are removed must be installed to meet Americans with Disability Act (ADA) Requirements. (B) All terraces disturbed in the course of excavation shall be rebuilt or made in all respects as good, substantial, and permanent as they were before the excavation was started. (C) Bore holes located in sidewalk,wheelchair ramps,or crosswalks which are greater than two(2)inch in diameter shall require replacement of entire sidewalk,wheelchair ramp, or crosswalk section. SECTION 25-21 RESTORATION IN THE RIGHT-OF-WAY (A) Concrete Pavement (1) Concrete replacement shall follow the current City of Oshkosh Standard Specifications published by the Engineering Division. (B) Asphalt Pavement and Asphalt over Concrete Pavement (1) Asphalt replacement and asphalt over concrete shall follow the current City of Oshkosh Standard Specifications published by the Engineering Division. SECTION 25-22 EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES IN CONCRETE, ASPHALT,OR ASPHALT OVER CONCRETE STREETS (A) Where a series of trenches or boreholes are made in line and are less than fifteen(15)feet apart on center, the entire surface of the pavement between excavations shall be replaced as required in Section 25-19. Director of Public Works may reduce construction requirements based on field City of Oshkosh Chapter 25—Page 11 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 conditions. (B) Bore holes are limited to one (1) per concrete pavement panel. The bore holes shall be no bigger than ten(10)inches in diameter and no closer than two(2)feet from a joint. Multiple bore holes in a single panel will require removal and replacement as required in Section 25-19. SECTION 25-23 STREET TO REMAIN OPEN TO TRAFFIC DURING COURSE OF EXCAVATION WORK Except as provided below, whenever work is performed within the following right of way areas a passageway of not less than 10 feet in the traveled portion of the street must remain open for travel at all times: State Highways and County roads One-way streets Detour routes Algoma Blvd. Bowen St. Campbell Rd. Eagle St. (5th Ave. to Adams St.) Elmwood Ave. (Algoma Blvd. to Irving Ave. and Lincoln Ave. to New York Ave.) Harrison St. Hazel St. (Murdock Ave. to Washington Ave.) Irving Ave. (Elmwood Ave. to Hazel St.) Jackson St. Knapp St. (9th Ave. to 20th Ave.) Koeller St. Murdock Ave. (Algoma Blvd. to Hazel St.) New York Ave. (High Ave. to Hazel St.) Oakwood Rd. Ohio St. Oregon St. Pearl Ave. (Main St. to Rockwell Ave.) Sawyer St. (Oshkosh Ave. to 9th Ave.) W. South Park Ave. W. Smith Ave. (Vinland St. to Jackson St.) Taft Ave. (Eagle St. to Koeller St.) Washburn St. Washington Ave. (Main St. to Hazel St.) Wisconsin St. Witzel Ave. W. 5th Ave. (Sawyer St. to Westfield St.) W. 9th Ave. W. 20th Ave. W. 24th Ave. City of Oshkosh Chapter 25—Page 12 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 The passageway may be maintained by tunneling, or if tunneling is not practicable or possible, the contractor must proceed partway across the street and must backfill,place a hard surface of hot mix asphalt or concrete (or other surface as approved by the Director of Public Works or designee for emergency repairs), and open the roadway to traffic before continuing the excavation across the street. The above streets may be closed upon written approval of the Director of Public Works when such closure is necessary due to emergency conditions,or necessary and/or expedient to provide a safe area for workers to complete projects with minimum disruption to their services and to the traveling public; and when such closure does not present an undue burden upon emergency services and upon the traveling public. Application for closures of the above-listed streets shall be made to the Department of Public Works who shall work with the Chiefs of Police and Fire to review and approve or disapprove of the requested closure. Approval of closures shall be at the sole discretion of the City and may include conditions,including but not limited to conditions pertaining to notice,barricading and signage, duration of closure and maintaining access to adjacent properties. Except in emergency situations, applications shall be made at least 15 business days prior to the requested closure. In emergency situations,applications shall be made as soon as practicable and in no case later than the next regular business day. The Director of Public Works and Police and Fire Chiefs may delegate the authority granted to them under this paragraph to one of their subordinates who shall then have the same authority to act as the Director or Chief. SECTION 25-24 TELEVISING OF SEWERS (A) Contractors are required to televise the sanitary and/or storm sewer mains and laterals when: (1) They connect to a sanitary or storm sewer main or are connecting or capping a lateral within three (3) feet of the sewer main (2) They bore across any sanitary or storm sewer main or lateral (B) Contractor is required to submit a copy of the televising on a DVD or flash drive within forty-five (45) days of completing the work. (C) Contractors that are doing boring work shall televise the sewer mains and laterals immediately after work is completed. Whereas,contractors that are doing utility work via open trench are required to televise the sewer main no earlier than ten (10) days and no later than thirty (30) days after completion of the work. (D) The file shall be named with the Work in Right-of-Way Permit number and be edited such that the locations of work are viewable. The file shall be able to be played on Windows Media Player. The contractor shall also submit a form signed by a licensed plumber or licensed utility contractor, which certifies that no defects were detected by the sewer televising investigation. This certification is to be filed with the Engineering Division. (E) If the contractor fails to submit a televising report to the Engineering Division, no new Work in Right-of-Way Permits will be issued to said contractor until televising required per Section 25-24 is submitted. (F) Contractors found to have performed substandard work shall be required to repair their work. A new Work in Right-of-Way Permit will be required and a citation may be issued. City of Oshkosh Chapter 25—Page 13 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-25 REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN MADE THEREIN (A) Temporary patching is allowed and shall be maintained by the contractor until such time as a pavement repair can be completed. Temporary patches for locations classified as collector or arterial streets shall be made with hot mix asphalt or a concrete slurry mix. Temporary patches for locations classified as local residential streets shall be made with cold mix asphalt,hot mix asphalt, or a concrete slurry mix. (B) If the contractor fails to repair any alley, street, sidewalk,terrace,easement, or other public place within the city,the City of Oshkosh will do the work and the contractor will be billed for the actual cost and will receive a citation. ARTICLE IV. OBSTRUCTION IN STREETS SECTION 25-26 OBSTRUCTIONS IN STREET PROHIBITED No person shall place or deposit,except as thereinafter permitted in any sidewalk or in any street within the City any cask,box, crate,wood, stone, lumber,posts,firewood,timber, dirt, ashes, or other object,article, substance,or material,nor erect within the limits of such street or sidewalk any scaffold,platform or other structure or obstruction whatever without a written license and permit therefor from the Department of Public Works,obtained as hereinafter provided,nor obstruct or stop the flow of water in any manner in any ditch,sewer,gutter or culvert in,along or across any street,lane,alley or public grounds or sidewalks in the City. Obstructions include any object(s) placed in the right-of-way which obstruct the free movement of vehicular,pedestrian or bicycle traffic including the placement of vehicles,equipment,building or other materials on streets, sidewalks or alleys. SECTION 25-27 PUBLIC NUISANCE (A) Seizure All objects, articles, substances and materials, scaffolds, platforms or other structures erected without a permit within the limits of such streets or sidewalks, and all unlawful obstructions so placed and while remaining in such streets or on the sidewalks shall be deemed a public nuisance, and subject to summary removal and abatement by or on the order of the City Manager, Chief of Police,any police officer,or Director of Public Works. All such materials,objects and articles shall be subject to be seized and shall be held liable for the payment of any fine and costs imposed pursuant to this article upon any person convicted of creating such nuisance. (B) Exception This Article shall not be construed as prohibiting the placing of garbage and refuse on streets in accordance with the provisions of Chapter 23. City of Oshkosh Chapter 25—Page 14 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-28 SPILLING MATERIAL ON STREETS PROHIBITED Any person, in hauling or causing to be hauled over or along any streets of the City upon any kind of vehicle,any crushed stone,gravel,wood,blocks,dirt,manure or any other material whatever shall not,by reason of loose boxes or overloading or any other cause, scatter or permit to be scattered on any of said streets any such crushed stone, gravel, wood, blocks, dirt, manure or any other material whatever. No person engaged in the delivering of rock,brick,ice or any other material or goods in the City shall let any such material fall upon any improved street or sidewalk. SECTION 25-29 PLANTING IN STREETS No person shall plant any tree or shrub in any street within the corporate limits of the City except as provided in Chapter 26. SECTION 25-30 TRAFFIC INTERFERENCE CAUSED BY BRANCHES OR NATURAL GROWTH (A) Property owner to prevent obstructions caused by natural growth. No owner or occupant of any lot or premises within the City shall permit or allow the limbs,boughs,branches or leaves of any tree or shrub upon his premises or in the sidewalk, street or alley in front of his premises or the premises occupied by him to grow so as to obstruct or interfere with the free passage of vehicular or pedestrian traffic upon said streets or sidewalks. (B) Duty to remove obstructions after notification by City. No person shall neglect to remove any tree, shrub or the branches or limbs thereof which obstruct the free passage of vehicles and passengers after being requested and notified to remove the same by the Director of Public Works,any police officer, or the City Forester. SECTION 25-30.1 TRAFFIC INTERFERENCE CAUSED BY BUILDUP OF ICE (A) Property owner to prevent obstruction by ice. No owner or occupant of any lot or premises within the City shall permit or allow water, from a sump pump or any other source upon his premises or premises occupied by him,to form ice so as to obstruct or interfere with the free passage of vehicular or pedestrian traffic upon the streets or sidewalks adjacent to said premises. (B) Duty to remove ice after notification by City. No person shall neglect to remove any ice which obstructs the free passage of vehicular and/or pedestrian traffic after being requested and notified to remove same by any police officer,Board of Public Works of the City, or the Director of Public Works of the City. SECTION 25-31 HEIGHT LIMITATIONS ON HEDGES AT INTERSECTIONS It shall be unlawful to plant or maintain,or cause to be planted or maintained,any hedges exceeding three City of Oshkosh Chapter 25—Page 15 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (3) feet in height along lot lines within thirty (30) feet of the intersection of the inside lines bounding any corners of lots located at street intersections,and such planting and maintenance shall be a public nuisance. SECTION 25-32 RIGHT-OF-WAY OBSTRUCTION LICENSE (A) No person shall obstruct or cause to be obstructed in any manner any traveled portion of a public street, alley, sidewalk,terrace or other public way,without first obtaining a Street Obstruction License and Obstruction Permit. The license shall be made upon application to the office of the Department of Public Works. The fee charged for a Right-of-Way Obstruction Permit will be established by resolution by the Common Council. Licenses shall be valid from January 1 to December 31st of the year of issuance. The fee for such license shall not be pro-ratable. (B) Any person placing an obstruction within,the right-of-way without first obtaining an obstruction license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. SECTION 25-33 LIABILITY INSURANCE REQUIRED Before a Street Obstruction License may be issued,the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix "A" to this Chapter. SECTION 25-34 SURETY BOND; NATURE AND AMOUNT Before a Street Obstruction License may be issued,the applicant shall file with the City Clerk a surety bond in the amount of five thousand dollars ($5000.00) conditioned that the principal obligator shall faithfully perform all work done in the right-of-way with proper care and skill,obey all laws of the State of Wisconsin and all ordinances of the City in regard to obstruction of or work within the right-of-way areas and with the employment of labor, properly replace and restore any street, sidewalk,terrace or other public area to as good a condition as it was in before the obstruction or work performed under the license,to pay to the City of Oshkosh any amounts due for services or materials furnished in connection therewith within one week of invoice;that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay, including without limitation, damages,punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. SECTION 25-35 APPROVAL OF POLICY AND BOND BY CITY ATTORNEY The liability policy and surety bond shall be subject to approval by the City Attorney and shall be filed with City of Oshkosh Chapter 25—Page 16 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 the City Clerk. SECTION 25-36 RIGHT-OF-WAY OBSTRUCTION PERMIT REQUIRED No person shall obstruct any street, alley, sidewalk,terrace or other public place in the City without first having obtained a street/sidewalk obstruction permit therefor from the office of the Department of Public Works. The fee charged for a Right-of-Way Obstruction Permit will be established by resolution by the Common Council. ARTICLE V. GENERAL PROVISIONS APPLICABLE TO OBSTRUCTIONS AND WORK IN THE RIGHT-OF-WAY SECTION 25-37 EXEMPTIONS FROM PERMIT REQUIREMENTS The following entities are exempt from license and permit requirements under this Chapter: (1) The City of Oshkosh (2) Winnebago County when performing work on designated County Trunk highways located within the city limits (3) The State of Wisconsin when performing work on designated State Highways located within the city limits SECTION 25-37.1 EMERGENCY SITUATIONS Whenever it is impossible or impractical to obtain the licenses and/or permits required by this Chapter due to emergency conditions,the person performing such work shall immediately notify the Oshkosh Police Department and Department of Public Works (during normal working hours) of such emergency condition. After any right-of-way is obstructed,excavated or torn up in an emergency situation, a permit and license, if required, shall be obtained as soon as practicable. An explanation of the emergency situation shall accompany such request. SECTION 25-37.2 BARRICADING AND SIGNS No person shall obstruct,excavate,or tear up,nor cause the same of any traveled portion of streets,alleys, sidewalks or other public way,except for emergency situations without first having obtained a permit from the Director of Public Works or Designee. Any portion of a public street,alley,sidewalk or other public way which is obstructed shall be signed and barricaded in accordance with the latest"Manual of Traffic Controls for Work in the Right-of-Way for the City of Oshkosh" as published by the Department of Public Works,as well as the latest editions of the "Wisconsin Manual of Uniform Traffic Control" (WMUTCD) and U. S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD). A traffic plan showing how the project site will be protected and signed for the safe movement of pedestrian and vehicular traffic around the project area shall be submitted together with any permit application under this Chapter. City of Oshkosh Chapter 25—Page 17 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-37.3 STREET AND PUBLIC RIGHT-OF-WAY OBSTRUCTION PROTECTION (A) All excavation sites shall be carefully guarded, fenced and protected by sufficient barriers to the satisfaction of the Board of Public Works,including all openings,materials,tools,machinery,and any and all obstructions of every kind placed or left in any street and public right-of-way. (B) It shall be the duty of the permittee to erect and maintain all protection devices along the lines of the site and to maintain warning lights from twilight in the evening until sunrise wherever needed during the progress of the excavation,and a traffic control person or flagger shall be kept on the site whenever deemed necessary by the Director of Public Works or Chief of Police or their designees to direct traffic or safeguard the site. It shall be the duty of the person signing the excavation permit to obtain from Police Department parking meter hoods to isolate parking meters in the area occupied by excavation equipment or spoils. SECTION 25-37.4 CITY TO ERECT BARRICADE (A) For excavation sites that are not properly barricaded or guarded, the Police Department and the Department of Public Works may establish and maintain suitable barricades. The permittee shall pay to the City a minimum fee of twenty-five Dollars($25.00)for the erection of proper barricades or guards. (B) No person shall interfere with, or molest, or remove any legally installed excavation site barrier or guards until the public right-of-way has been cleared of all obstructions whatsoever. ARTICLE VI. MOVING BUILDINGS ALONG STREETS SECTION 25-38 PERMIT REQUIRED No building shall be moved through any street without obtaining a written permit. SECTION 25-39 APPLICATION FOR PERMIT Before any such permit shall be issued the person who desires to move such building, together with the owner thereof or authorized agent, shall make application in writing to the Building Inspection Services Division therefor, stating the kind and size of the building, the place from which and to which it is to be moved,the route to be followed and the time of removal. Such application shall also contain an agreement on the part of the applicants to pay any damage caused by such removal to any public or private property or to any sidewalk,terrace,curb,gutter,street or pavement,or the cost and expense of restoring the same to as good condition as they were formerly in where that can be done. The fee for such permit shall be$50.00 for any structure under 500 square feet and$100.00 for any structure 500 square feet or larger,and shall be paid prior to issuance of the permit. City of Oshkosh Chapter 25—Page 18 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-40 BOND AND CONDITIONS FOR MOVING No permit shall be issued until a sufficient bond to secure payment in such sum as shall be reasonable guarantee of any damages caused during the movement of the building along the city streets. The Inspection Services Division in consultation with the Department of Public Works,the Police Department, and Forestry Division is hereby authorized to determine the time,manner,and conditions of such removal and the route thereof and shall state the same in such permit. SECTION 25-41 VIOLATION OF PERMIT Any person who shall move any building through any street in the City otherwise than as required by such permit,or shall violate any of the requirements of conditions of such permit shall be deemed in violation of this Chapter. ARTICLE VII. SIDEWALKS/DRIVEWAY APPROACHES SECTION 25-42 CONSTRUCTION AND REPAIR REGULATED No person, whether owner, builder, or contractor, shall build any new sidewalk, curb cut, or driveway approach or repair or renew, or cause to be built,repaired,or renewed any existing sidewalk,curb cut,or driveway approach contrary to the provisions of this Chapter. The driveway approach shall be defined as the section of driveway for a property that is located between the curb or edge of pavement of a public street and the property line or street side of the public sidewalk. SECTION 25-43 BOARD OF PUBLIC WORKS AUTHORIZED TO CONSTRUCT AND REPAIR ADVERTISING FOR BIDS (A) The Board of Public Works is empowered and directed to proceed with the construction and repair of concrete sidewalks without advertising for bids upon such work. (B) The Board shall advertise for bids upon all material and supplies,the estimated cost of which shall exceed One Thousand Dollars ($1,000.00). Said work shall not be done on any street until specifically ordered as required by law. SECTION 25-44 STATE LAW APPLICABLE In addition to the provisions of this Chapter,the provisions of Section 66.0907 of the Wisconsin Statutes,so far as applicable to this City, shall govern the construction, improvement and repair of sidewalks. SECTION 25-45 CONCRETE SIDEWALK LAYERS/CURB CUT CONTRACTORS LICENSE City of Oshkosh Chapter 25—Page 19 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 No person,firm,or corporation shall engage in or carry on the business of constructing concrete sidewalks and driveway approaches or constructing or altering curb cuts in the city without procuring an excavation license and permit therefore from the office of the Department of Public works as herein provided SECTION 25-46 CONCRETE SIDEWALK/CURB CUT CONTRACTORS-LICENSE; APPLICATION; CONTENTS The application for an excavation license sidewalk layers/curb cut contractor's license shall state the name and place of business of the applicant and shall contain a statement by the applicant agreeing to abide by the rules and regulations and specifications adopted by the Board of Public Works and Director of Public Works and to obey all ordinances and resolutions of the City in relation to said work. SECTION 25-47 CONCRETE SIDEWALK/CURB CUT CONTRACTOR-CHANGE IN BUSINESS NAME OR ADDRESS A licensee shall immediately notify the Department of Public Works of every change of place of business or of the name under which the business of such licensee is carried on. SECTION 25-48 LICENSE FEE;PAYMENT TO TREASURER See section 25-12. The fee for such license shall not be pro-ratable. SECTION 25-49 LIABILITY INSURANCE REQUIRED See section 25-13. SECTION 25-50 BOND See section 25-14. SECTION 25-51 SIDEWALK CONSTRUCTION-LIGHTS AND BARRIERS Any person who shall construct or cause to be constructed any concrete sidewalks,including all contractors performing or supervising such construction, shall cause sufficient barriers to be erected and maintained during the period of construction and sufficient lighting to be placed at each end of the sidewalk and kept operating during darkness for the period of construction in accordance with Article V. above. City of Oshkosh Chapter 25—Page 20 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-52 SIDEWALK/CURB CUT/DRIVEWAY APPROACH CONSTRUCTION PERMIT; APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS No sidewalk,curb cut,or driveway approach shall be excavated,altered,or constructed by any person,firm or corporation without a Right-of-Way Excavation permit issued by the Department of Public Works to construct the same,said permit shall be signed by the party responsible for the construction,and shall state the length of said proposed walk,any openings to be left therein or thereunder and the means proposed to cover or protect the same,and designating the premises in front of which the walk is to be constructed and the nature of the principal buildings thereof. The fee charged for this permit will be established by resolution by the Common Council SECTION 25-53 SIDEWALK LINE AND GRADE (A) Sidewalk location. (1) General requirements. All sidewalks in the City shall be constructed so that the inside sidewalk line abuts the outer edge of the City owned right-of-way,with the provision that the sidewalk line may be set so as to circumvent any trees which in the opinion of the City Forester should be left standing, except as herein-after provided. (2) Exceptions. (a) The sidewalk on the North side of West 11th Avenue between Mason Street and Weisbrod Street shall be located one foot six inches (1'6") inside the City right-of- way, line. (b) The sidewalk on the West side of north Main Street between Allen Avenue and Linwood Avenue shall be located one foot (1') inside the City right-of-way, line. (c) The sidewalk on the East side of Oak Street between Cleveland Avenue and East Parkway Avenue shall be located two and eight tenths feet (2.8') inside the City right-of-way, line. (d) The sidewalk at the Northwest corner of the inter-section of White Swan Drive and Fairview Street shall be located so the back of the sidewalk follows the line of an arc having a radius of forty-four feet (44') and commencing at the south lot line of Lot 153, third Addition to North Point Plat and ending at the East Lot line of Lot 154, Third Addition to North Point Plat. (e) The sidewalk commencing at a point on the West line of Grand Street located eighty- eight and seven tenths (88.7) feet north of East Irving Avenue, thence Northerly along a 10-foot radius curve concave to the East having a chord length of 17.3 feet as measured along the West line of Grand Street. (f) The sidewalk on the west side of Idaho Street,between 8th Avenue and 9th Avenue, shall be located one foot east of the west right-of-way line. City of Oshkosh Chapter 25—Page 21 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (g) The sidewalk located on the north side of West 20th Avenue commencing at Minnesota Street to 155 feet east of Minnesota Street. (h) The sidewalk on the west side of Harrison Street, commencing 171.09 feet south of the southwest corner of Linwood Avenue and Harrison Street to 205.99 south thereof shall be located one foot six inches inside the City right-of-way line. The sidewalk on the west side of Harrison Street,commencing 200 feet north of the northwest corner of Smith Avenue and Harrison Street to 250 feet north thereof shall be located two feet inside the City right-of-way line. (i) Villa Park,Deerfield and Maricopa Drives. (B) Sidewalk grade The City Engineer shall,upon granting of the permit determine the lines and grades of said walk and cause proper stakes set to designate the same on an offset line,and until such stakes are set the construction of said walk,except the excavation therefor, shall not be commenced. (C) Sidewalk grade stakes No person shall, without authority in writing from the City Engineer, interfere with, alter the position or level of, remove or destroy any line or grade stakes set by the City Engineer or by his authority,before said walk is built in accordance therewith. (D) Sidewalk slope Unless otherwise specified by the City Engineer,the slope of all sidewalks shall be one-fourth of an inch per foot downward from the inner line to the outer line of the sidewalk,and the height of such walk at the inner line shall be determined by the City Engineer in accordance with the grade of the street or sidewalk established by the City Council. If no grade has been established,then the height shall be determined by the City Engineer in such manner as shall,in his judgment,make the same conform with the proper height of the street and adjoining sidewalks for street improvement purposes. SECTION 25-54 SIDEWALK WIDTHS (A) Widths-Standard The widths of sidewalks on all streets and parts of streets, other than those for which different widths are prescribed, shall be five (5) feet. (B) Widths-Certain streets (1) All ordinances prescribing sidewalk widths on certain designated streets different than the standard width prescribed in Subsection(a)are incorporated into this chapter by reference thereto and shall be kept on file in the City Engineer's office. All such ordinances in force at the time of the adoption of this Code shall not be repealed by reason of adoption. (2) The following sidewalks shall have widths as indicated: City of Oshkosh Chapter 25—Page 22 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (a) Beech Street from West Bent Avenue to Congress Avenue,both sides 4 feet. (b) Georgia Street from West 9th Avenue to West 11th Avenue,West side-4 feet. (c) West South Park Avenue,North side,from Georgia Street to Berger Street,excepting those walks now presently existing-4 feet. (d) South Sawyer Street from West 9th Avenue to West 11th Avenue,West side-4 feet. (e) Kansas Street from West 9th Avenue to West 10th Avenue, East side-4 feet. (f) West side of North Main Street between Allen Avenue and Linwood Avenue-4 feet. (C) Widths-in front of public buildings Sidewalks in front of the main entrance of all business establishments,churches,hospitals,schools, public halls, places of amusement, apartment houses, and other buildings and places of public character,shall occupy the entire space between the lot line and the curb wherever,in the judgment of the Board of Public Works,public convenience shall require it. (D) Widths-Passage to curb The owner of the premises may, when constructing a sidewalk in front of the premises extend a portion of the sidewalk to the curb at a place convenient for persons alighting from vehicles. Nothing contained in this Sub-section shall prevent the extension of a private driveway to the curb. (E) Widths-Streets under 50 feet Streets with a maximum width of fifty (50) feet shall have sidewalks with a width of four (4) feet. (F) Widths - replacement of sidewalks with widths that vary from the standard five (5) feet. All replacement sidewalks shall be the same width as the sidewalk being replaced. The Board of Public Works may,upon request,authorize a variance in the width if it is in the best interests of the City. SECTION 25-55 SIDEWALK THICKNESS The thickness of all concrete sidewalks shall be four(4)inches except across existing or proposed driveways where the sidewalk shall be six (6) inches thick. SECTION 25-56 SIDEWALK CONSTRUCTION- STANDARD SPECIFICATION (A) Concrete construction required. All sidewalks built or rebuilt within the City street right-of-way shall be constructed of concrete as hereinafter prescribed. (B) Material specifications (1) All cement used in the construction of sidewalks shall be the best quality of American Portland cement and the Board of Public Works shall have the right to require a test of any City of Oshkosh Chapter 25—Page 23 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 cement proposed to be used in the construction of any sidewalks and to reject such cement and prohibit the same from being used if it does not conform to requirements. (2) Portland cement shall be designation Type I or Type III,or for air entraining Portland cement Type I-A or Type III-A. Air entraining admixtures shall be added to Portland cement Type I or Type III. Air content of concrete shall be a minimum of 4% and maximum of 7%. (3) Fine aggregate shall consist of sand having clean,hard,durable,uncoated grains,free from deleterious substances. (4) Coarse aggregate shall consist of crushed stone, gravel or other approved inert materials with similar characteristics or combinations thereof,having clean,hard,durable,uncoated particles free from deleterious matter. (5) The water used in mixing concrete shall be clean,free from acid,alkali,vegetable,or other organic matter. (6) The sub-base or fill material shall be a durable material such as crushed stone,or bank-run sand or gravel. (7) Expansion joint filler shall be half inch (1/2") preformed cork or bituminous fiber. (8) The Board of Public Works is hereby authorized to amend these specifications at any time, provided that such amendment shall not conflict with any of the provisions of this chapter. (C) Construction specifications (1) Concrete shall be machine-mixed in the appropriate proportions of one (1) volume of Portland cement,two and one-quarter(21/4)volume of sand and three(3)volumes of coarse aggregate. There shall not be less than six(6)bags of cement per cubic yard of concrete. No more than six(6)gallons of water including that contained in the aggregate shall be used per sack of Portland cement. (2) Excavation and subgrade preparation (a) The subgrade shall be formed by trenching or filling to required elevation of the bottom of the concrete. Preparation of the subgrade shall include removal of all sod, loam earth,brush,shrubs,tree roots and stumps. The sub-base or fill material shall be thoroughly tamped to insure stability. Granular fill material shall be paved in layers not exceeding six(6)inches compacted thickness. In fills the sub-base shall be constructed to a width of at least eighteen (18) inches beyond both edges of the sidewalk. (b) The licensee shall be responsible for all damage done to water shut-offs in the process of excavation or sidewalk construction and will be charged by the City for any repairs to water shut-offs. If the water shut-off falls into the sidewalk line,there shall be installed a Hudson box to protect the shut-off. Said Hudson box can be City of Oshkosh Chapter 25—Page 24 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 purchased from the City, however, the installation of the same will be the responsibility of the licensee. (c) The licensee shall also be responsible for all iron property stakes. If an iron property stake is damaged or removed, the licensee shall hire a registered land surveyor to have same replaced. If this is not done, the City will hire the registered land surveyor and charge either the licensee or the abutting property on which the sidewalk was installed. (3) Base: There shall be installed a minimum of three (3) inches of granular base material under the sidewalk. Said base shall be leveled and thoroughly tamped to a uniform grade which is the same as that of the underside of the concrete. (4) Forms: Forms shall be of wood or metal and shall be straight and of sufficient strength to resist springing,tipping,or other displacement during the process of depositing and consolidating the concrete. If of wood, forms shall be surfaced plank of at least two (2) inches nominal thickness stock;if of metal,they shall be of approved section and shall have a flat surface on top. The forms shall be of a depth equal to the full depth of the sidewalk, at least six (6) inches in depth for that portion of the sidewalk abutting a driveway,or proposed driveway, and at least four (4) inches in depth for all other portions of the sidewalk. They shall be securely staked, braced, and held firmly to the required line and grade, and shall be sufficiently tight to prevent leakage of mortar. All forms shall be cleaned thoroughly and oiled before the concrete is placed against them. (5) Placing and finishing concrete. (a) The subgrade and forms shall be checked and approved by the City Engineer or his designee before the concrete is placed. The concrete shall be placed on a moist subgrade,deposited to the proper depth,and consolidated and spaded sufficiently to bring the mortar to the surface, after which it shall be struck off and floated with a wooden float. Before the mortar has set,the surface shall be steel troweled and given a brushed finish with a clean bristle brush. The finished surface must be uniformly smooth in appearance. Edging tools shall be used on all the joints and along the edges of the walk. Sprinkling of cement on the surface of the concrete to absorb water or to hasten hardening is prohibited. The sprinkling or adding of water to the surface of the concrete to aid in troweling or finishing the side walk shall be prohibited. (b) No concrete shall be placed on a frozen base of subgrade. (c) The concrete shall have a maximum slump of four (4") inches when placed. (6) Joints: City of Oshkosh Chapter 25—Page 25 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (a) Contraction joints shall be placed at intervals of five (5) feet at right angles to the centerline of the sidewalk. Contraction joints shall be tooled or sawed to a depth of one-quarter (1/4) the total depth of the sidewalk or to a depth of one (1) inch for a four (4") thick walk and sidewalk. A one-half (1/2) inch expansion joint shall be placed at intervals of sixty(60)feet and whenever the new sidewalk abuts old walk, curb,a building or rigid structure. The joint filler shall be placed so as to completely separate the sidewalk, and the top of the filler shall be slightly below the finished surface of the sidewalk. The concrete at the faces of all joints shall be thoroughly spaded and compacted to fill the voids. The edges of the sidewalk along forms, joints,and metal slab division forms shall be rounded with an edger of one-quarter (1/4) inch radius. (b) Joints shall not be sealed. (7) Adjusting sidewalk to private entrance walks driveways: Where existing concrete and asphalt entrance walks or asphalt driveways extend into the new sidewalk line,the licensee shall saw cut the concrete or asphalt on a line designated by the City Engineer or his designee and this material shall be removed to allow for construction of the new walk. After the sidewalk is constructed, the licensee shall do all patching necessary to form a satisfactory transition ramp from the entrance walk or driveway to the new sidewalk. (8) Curing and protection: (a) The newly placed concrete shall be cured by the Impervious Coating Method. As soon after finishing operations as the free water has disappeared, the concrete surface shall be sealed by spraying on it a uniform coating of curing material approved by the Engineer. The curing material shall be applied in such a manner as to provide a continuous water impermeable film on the entire concrete surface. (b) The licensee shall erect and maintain suitable barricades to exclude pedestrian traffic from the newly poured sidewalks. Pedestrian traffic may be allowed to use the sidewalk any time after expiration of the curing period. (c) The licensee shall follow construction procedures during cold weather as outlined or his designee. If the air temperature is forecast to drop below 40 degrees F., the licensee must cover all concrete poured during the previous 72 hours and shall protect the same with heavy paper and ten(10)inches to twelve inches of straw for a period of 72 hours after pouring. (9) Restoring site of work: At all times the licensee shall keep the working area free from an accumulation of waste material and rubbish. Periodic clean-up from work areas where construction has been City of Oshkosh Chapter 25—Page 26 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 completed, will be done by the licensee upon the direction of the City Engineer or his designee. Upon completion of the entire project, all work areas shall be restored to a neat and presentable condition. SECTION 25-57 HOLLOW SIDEWALKS (A) Plan approval by Board of Public Works. Whenever it is desired to utilize the space under the sidewalk in such a manner that the concrete sidewalk or any portion thereof shall extend over such space and constitute a hollow sidewalk,the sidewalk shall be structurally designed to carry a live load of not less than three hundred (300) pounds per square foot. The licensee must submit a detailed plan to the Board of Public Works for its approval prior to the commencement of construction,and the sidewalk shall be constructed in accordance with the approved plan and to the satisfaction of the Board of Public Works. (B) Ventilation and access: (1) Construction requirements. No open or partially uncovered areas of any kind in any new or rebuilt concrete sidewalk, shall be made except when necessary for the purposes of ventilation of basements or spaces under buildings, in which case the open areas shall not extend more than five (5) inches outward from the inner line of the sidewalk and shall be securely covered by an open barred iron grating of a kind and in a manner approved by the Board of Public Works. (2) Supporting walls. All areas for ventilating purposes shall be properly protected by sufficient surrounding walls of brick, or concrete which shall extend upward to the sidewalk to prevent the breaking or crumbling away of the foundation of the sidewalk where it meets the ventilation area. Such walls shall be constructed in a manner satisfactory to the Board of Public Works. (3) Exceptions. Where the entrance to a basement now exists in any sidewalk,if properly built and guarded to the satisfaction of the Board of Public Works, it may be continued in use provided it is necessary for access to such basement from the street. (4) Trap Doors. Trap Doors will not be allowed except upon written approval of the Board of Public Works. If allowed,the trap door shall be designed for a live load of three hundred(300)pounds per square foot and shall close to a completely flush unit. If the trap door shall become hazardous or shall form a projection of any kind, it shall be repaired immediately. If not repaired within ten(10)days of written notice by the Board of Public Works,the Board shall cause same to be removed and the entrance or opening closed as per this ordinance. (C) Coal holes and catch basins: (1) Coal holes not to exceed twenty-four(24)inches in their largest dimensions may be provided in the sidewalks on any street. Coal holes shall be covered with an iron cover having a City of Oshkosh Chapter 25—Page 27 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 rough surface and the cover shall be flush with the surface of the sidewalk. (2) Projections. All covers for openings of every kind in sidewalks must be adjusted to the proper grade of the sidewalk before any walk is built or rebuilt. No projection of any kind shall be allowed above the surface of any sidewalk. SECTION 25-58 SIDEWALK CONSTRUCTION (A) Streets shall provide a right-of-way for vehicular traffic and, where the Council so requires, a sidewalk on either or both sides thereof;the sidewalk shall be for the use of persons on foot,and no person shall be allowed to encumber the same with boxes or other material. (B) The Council may from time to time by ordinance or resolution determine where the sidewalks shall be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks,and the standard so fixed may be different for different streets, and may order by ordinance or resolution sidewalks to be laid as provided in this subsection. (1) The Board of Public Works shall provide at least ten (10) days advance written notice,by regular first class mail, to property owners affected by the ordinance or resolution that determines where sidewalks shall be constructed. SECTION 25-59 CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR; DEFECTIVE SIDEWALK; CURB CUT,OR DRIVEWAY APPROACH;NOTICE TO REBUILD; CITY MAY REPAIR; COST (A) Faulty work; condemnation;notice. Whenever any person,firm or corporation shall repair or cause to be repaired an existing sidewalk, curb cut,or driveway approach contrary to the terms of this Chapter,or shall construct or cause to be constructed a sidewalk, curb cut, or driveway approach that cannot be made to conform to the requirements of this Chapter or to any requirement of the Board of Public Works without completely reconstructing such sidewalk, curb cut, or driveway approach, or some part thereof;the Board of Public Works is empowered to and shall condemn the sidewalk,curb cut,or driveway approach,or part thereof and shall give notice thereof to the licensee and owner of the abutting premises. Within twenty (20) days of receipt of said notice the sidewalk, curb cut, or driveway approach or part thereof thus condemned shall be removed and rebuilt in accordance with the provisions of this Chapter. (B) Defective sidewalk, curb cut, or driveway approach; condemnation;notice. When any existing sidewalk, curb cut, or driveway approach becomes defective, insufficient, or dangerous to travel,the Board of Public Works is empowered to and shall condemn the sidewalk, curb cut, or driveway approach or part thereof and shall give notice thereof to the owner of the abutting premises. Within twenty (20) days after receipt of said notice the sidewalk, curb cut, or City of Oshkosh Chapter 25—Page 28 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 driveway approach or part thereof thus condemned shall be removed and rebuilt in accordance with the terms of this Chapter. (C) City may repair; cost. If any person, firm or corporation shall fail or neglect for twenty (20) days after the service of the notice referred to in Section 25-59(a)or(b)to comply with the same,the Board of Public Works shall proceed in the manner provided by law to cause the sidewalk, curb cut, or driveway approach or part thereof to be removed and a new sidewalk, curb cut, or driveway approach built in place thereof and the cost of such work shall be charged either to the abutting property or to the licensee under the provisions of Section 25-50 or Section 25-61. SECTION 25-60 POWERS OF THE BOARD OF PUBLIC WORKS TO GRANT VARIANCES; ARCHITECTURAL SIDEWALKS (A) The Board of Public Works is empowered to authorize in specific cases such variance from the terms of this Article as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. (B) Architectural sidewalks: Architectural sidewalks may be permitted by the Board of Public Works for an entire City block when a petition is filed by all the owners of property fronting on said block and when the board is satisfied that the architectural sidewalk meets the specification for strength and durability of sidewalks contained in this Code. The architectural sidewalk with the exception of color and design is subject to all requirements of this Code. SECTION 25-61 REPEALED (1/11/22) SECTION 25-62 SIDEWALK CAFE (A) Purpose To further encourage the revitalization of selected commercial areas of the City of Oshkosh, including the development and enhancement of social and economic activity. (B) Definitions (1) Sidewalk Cafe: An extension of a full service restaurant,coffee shop,tavern Establishment creating an outdoor seating space on part of the public right-of-way that immediately adjoins the parcel on which the Establishment is located for the purpose of consuming food or beverages. City of Oshkosh Chapter 25—Page 29 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (C) Permit Required A Sidewalk Cafe Permit must be obtained before constructing and operating a Sidewalk Cafe in the City of Oshkosh. No person shall place any seating,tables, or other property within the right-of- way, and/or sell any food and/or beverages unless such a Permit has been issued. (1) The Department of Community Development shall be responsible for reviewing, and approving or denying Permit applications in consultation with the Department of Public Works and all other departments affected by the application. (2) Before a Sidewalk Cafe Permit will be issued, an Establishment's application, and corresponding site plan,shall be reviewed for approval by the Site Plan Review Committee. During the review,any concerns with the site plan will be addressed and communicated to the applicant. All issues and concerns must be addressed before final approval of the application. (3) The Permit shall not be transferrable either through person or premise. (4) All applications shall include at least the following information. The Site Plan Review Committee,Department of Public Works,and/or Department of Community Development may request additional information at their discretion for individual circumstances. (a) Completed application form and application fee. (b) A scaled site plan which depicts the dimensions of the existing sidewalk area and adjacent property, the location of the proposed Sidewalk Cafe, size and number of tables,chairs,planters,umbrellas,location of doorways,trees,bus shelters,sidewalk benches, bike racks, trash receptacles, or any other sidewalk obstructions either existing or proposed, within the right-of-way area where the Sidewalk Cafe is proposed and within 5 feet in any direction beyond the proposed Sidewalk Cafe. (c) Photographs,drawings,or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables,chairs,umbrellas,or other objects relating to the Sidewalk Cafe. (d) Copy of a current certificate of insurance in the amount and categories required by section(G) of this Ordinance. (5) A Sidewalk Cafe Permit does not grant the Permit holder the exclusive use of the public right-of-way. (a) All public improvements including, but not limited to trees, light poles, traffic signals, manholes, or any public initiated maintenance procedures, shall take precedence over the use of the public right-of-way pursuant to the Sidewalk Cafe Permit at all times. (b) Permits issued under this section do not include permission from the City to operate City of Oshkosh Chapter 25—Page 30 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 at any time that a permitted Special Event would close the street and/or sidewalk in front of the sidewalk cafe to normal use or traffic. In those cases,the establishment and the Special Events organizers may agree that the Sidewalk Cafe may remain open during the Special Event. It is not the City's responsibility to provide notifications or arrangements regarding Sidewalk Cafes and Special Events,but shall be the responsibility of the Establishment. (6) The approval of a Sidewalk Cafe Permit is conditional at all times. A Sidewalk Cafe Permit may be withdrawn or cancelled by the City at its discretion when necessary to protect the public health, safety, or welfare; to protect City facilities; to prevent a nuisance from developing or continuing; in emergency situations; or due to noncompliance with this Section,the City Municipal Code, or applicable state or federal law. (7) The Sidewalk Cafe Permit is valid from April Is'through October 31s'of any year and may be renewed. (D) Location (1) Sidewalk Cafes may be permitted on public sidewalks adjacent to parcels zoned Central Mixed Use (CMU),Urban Mixed Use (UMU), and Riverfront Mixed Use (RMU). (2) Sidewalk Cafe outdoor seating areas may be located only on public sidewalks that are able to maintain an unobstructed,Americans with Disabilities Act (ADA) compliant,five (5)foot public sidewalk adjacent to the right-of-way line, plus an unobstructed two (2) feet from established face of the curb or street where the Sidewalk Cafe is to be located,and shall not otherwise be in conflict with the City's Municipal Code. Establishments seeking a variance for the location of the Sidewalk Cafe which would allow its location adjacent to the right-of- way line shall comply with all applicable laws and conditions for approval of the variance, including providing a total of at least seven(7)feet(5 ft ADA sidewalk plus 2 ft from curb)of space between the Sidewalk Cafe and curb. (3) Sidewalk Cafes shall remain within that part of the right-of-way that is adjacent to the Establishment's parcel in the space defined by the parcel's property lines extended to the street. An Establishment located within a parcel containing multiple tenants may, for purposes of this Ordinance,utilize the whole parcel boundaries when developing a location for Sidewalk Cafe. (a) An Establishment may request that their Sidewalk Cafe extend into an adjacent parcel's public sidewalk area that is not being used as a Sidewalk Cafe provided the City is first presented with written consent from the neighboring property owner(s), and business owner(s) if the property is leased, and after the City determines that such an extension will not be a detriment to City facilities or to the public's health, safety, and welfare. (b) At any time, the adjacent property owner or business owner may terminate its consent for the use of the extended Sidewalk Cafe within their previously approved area. Said termination shall be submitted in writing to both the City and Sidewalk City of Oshkosh Chapter 25—Page 31 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 Cafe Permit holder. (4) An ADA-compliant sidewalk that is a minimum of five (5) feet of unobstructed public pedestrian walkway adjacent to the right-of-way shall always be maintained. Additionally, a two (2) foot unobstructed area from the established face of the curb or street shall also always be maintained. Sidewalk Cafes are expected to be located near the street,with the ADA compliant sidewalk adjacent to the right-of-way line, along with a 2 foot buffer adjacent to the face of the curb or to the street if no curb exists. Variance requests to allow a Sidewalk Cafe adjacent to the right-of-way line may be allowed on a case-by-case basis, depending upon compliance with all applicable rules and regulations,locations of adjoining or nearby Sidewalk Cafes,as we well as best practices and/or other requirements adopted or implemented by the City. (5) No part of the Sidewalk Cafe shall obstruct access to any fire hydrant nor obstruct the view of any fire hydrant from the street. (6) No Sidewalk Cafe shall be permitted within five (5) feet of the sides of bus stops or bus shelters,nor permitted in a manner that interferes with the use of bus stops,including use of the rear doors of a bus, or interferes with the ingress or egress from any bus shelter. (7) No portion of a Sidewalk Cafe shall be located within five (5) feet of a curb-cut, a marked crosswalk, or any object intended to have public access, including but not limited to, a sidewalk bench,bike rack, kiosk, etc. No portion of a Sidewalk Cafe will be allowed to be located within a vision triangle at street intersections as defined by the Municipal Code. (8) No portion of a Sidewalk Cafe shall be located to obstruct any truck,freight, or passenger loading zone,nor adjacent to any disabled parking space. (9) At least one (1)unobstructed entrance of at least three(3)feet in width shall be maintained to allow sufficient public entry/exit to the Sidewalk Cafe. (10) No Sidewalk Cafe shall be placed on any grass,lawn,or any unpaved areas of the right-of- way. (11) No portion of the Sidewalk Cafe shall be used for food or beverage preparation,storage or refrigeration. (E) Restrictions (1) Signage No signs shall be permitted in the Sidewalk Cafe area except the following: (a) Table umbrellas with the Establishment's business name printed thereon or name(s) of products sold at the business. (b) Sandwich board signs or any other signs for which the Establishment has obtained the appropriate permits. City of Oshkosh Chapter 25—Page 32 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (c) A hand-held menu provided to patrons by the Establishment shall not be considered a sign. Tabletop documents such as beverage lists or information pertaining to the Establishment shall not be considered signs if they are not more than 9 x 12 inches. (d) Except as explicitly allowed herein, off-premise signage or advertising shall be prohibited. (e) Informational Signage — An Establishment's Sidewalk Cafe shall display signage outlining the rules and use of the Sidewalk Cafe. Language should include,and is not limited to: -Sidewalk Cafe hours of operation -Sidewalk Cafe tables and chairs must be vacated by 10:00 p.m. -Customers must be seated to be served at the Sidewalk Cafe -No carry-ins or carry-outs allowed at the Sidewalk Cafe (2) Use of Public Property (a) No Establishment, or any person using a Sidewalk Cafe, may use any public property such as light poles or other utility poles, flower planters, trees, or other amenities as a point of attachment for anything, including ropes,posters, signs, or electrical cords. (b) No Establishment, or any person using a Sidewalk Cafe, may use public electric receptacles for any purpose. (3) Obstruction of Traffic No Establishment may place, construct, or maintain fencing, a barrier, or any other object that would obstruct the view for traffic on the streets,alleyways,driveways,or for any other vehicle traffic path. (4) Furnishings (a) Furniture shall be in good repair, safe, sturdy, and designed for outdoor use. (b) Furniture and equipment shall enhance the aesthetics of the surrounding area. (c) Umbrellas and other decorative material shall be wood,canvas,cloth,plastic metal or similar material. (i) Umbrellas shall be stabilized to prevent them from being lifted from their holders or blown over by wind. No use or alteration of City property shall be allowed to achieve umbrella stabilization. (ii) No portion of an umbrella shall be less than six feet eight inches(6'8")above City of Oshkosh Chapter 25—Page 33 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 the sidewalk. (d) All furnishings shall be readily removable and shall not be physically attached, chained, or in any manner affixed to any structure, wall, tree, post, sign, or other fixture, curb, or sidewalk. (e) The City,its officers,employees,agents,and volunteers shall not be responsible for Sidewalk Cafe furniture,equipment,fixtures,fencing,or personal property that are lost, stolen,relocated, or damaged. (f) All furnishings, which includes all furniture, equipment, fixtures, fencing, and personal property,shall be removed daily from the public right-of-way by the end of that business day. Use of the Sidewalk Cafe for any purpose after 10:00 p.m. is prohibited. (g) No open flames,propane tanks, or other flammables shall be located in a sidewalk cafe. (6) Dates and Hours (a) A Sidewalk Cafe may be open for business between the hours of 7:00 a.m.and 10:00 p.m. (b) A Sidewalk Cafe shall not be used for any purpose during hours when food or beverage service is not available. (c) A Sidewalk Cafe shall be allowed only from April Is'until October 31s* (7) Lighting Lighting shall be shielded so as not to shine directly onto the street or adjoining property,or create a glare that is distracting to adjoining property users,pedestrians,or to vehicles in the street. (8) Music/Noise The Establishment shall not direct or allow to be directed,music into the sidewalk cafe area by means of outdoor speakers or jukeboxes,nor shall the license holder allow live music in the Sidewalk Cafe area. (9) Patron Service (a) No person may be served in the Sidewalk Cafe unless seated. Sidewalk Cafe capacity is limited to the number of seats in the cafe. For further clarification, and without limitation,the Establishment is responsible for all requirements related to its patrons and guests related to its Sidewalk Cafe, including Americans with Disabilities Act compliance. City of Oshkosh Chapter 25—Page 34 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (b) During the Sidewalk Cafe's operating hours, patrons being served within the Sidewalk Cafe shall count towards the Establishment's allowed capacity. (10) Sidewalk Cafe Maintenance (a) The Establishment shall remove all trash from the Sidewalk Cafe on a regular basis during business hours, and shall keep the Sidewalk Cafe area in a clean, orderly, litter-free and hazard-free condition. (b) The Establishment shall remove litter from the sidewalk, street, and abutting properties which may have come from the Sidewalk Cafe. (c) The Establishment shall not place any solid waste in the City solid waste containers. (F) Service of Alcohol Beverages An Establishment may sell and serve alcohol beverages in a Sidewalk Cafe only if the Establishment complies with all the requirements for obtaining an alcohol beverage license,and the Sidewalk Cafe is listed on the alcohol beverage license application, and is approved by the City, as being an extension of the Establishment's licensed premises.Alcohol may be served at Sidewalk Cafes under the following conditions: (1) The Establishment has a valid and appropriate alcohol beverage license for its principal premises. (2) The Establishment's approved alcoholic beverage license includes the Sidewalk Cafe in the description of the licensed premises. The Establishment may request that the Sidewalk Cafe be included in the description of the licensed premises by filing a written explanation of the purpose, intent and operation of the Sidewalk Cafe with the City Clerk, as well as by providing all other information requested by the City that the City believes is necessary to evaluate the request. (3) Alcohol beverages may only be sold and served to patrons seated at tables in the Sidewalk Cafe. (4) Alcohol beverages may only be served by a licensed bartender in compliance with alcohol beverage laws, ordinances, and regulations. (5) No beverages shall be prepared in the Sidewalk Cafe area. (6) The Establishment shall be responsible for monitoring the Sidewalk Cafe area to prevent underage persons from entering or remaining in the Sidewalk Cafe,except when underage persons are otherwise allowed to be present on the Establishment's principal licensed premises under applicable laws. (7) The Establishment shall not allow patrons of the Sidewalk Cafe to bring alcohol beverages City of Oshkosh Chapter 25—Page 35 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 into the Sidewalk Cafe from another location, nor to carry open containers of alcohol beverages about in the sidewalk cafe area,nor to carry alcohol beverages that were served in the Sidewalk Cafe outside the Sidewalk Cafe. (8) The service area from which the alcohol beverages are dispensed shall be located indoors within the Establishment's principal premises and shall not be located in the Sidewalk Cafe area. (9) The Establishment may begin serving alcohol beverages within the Sidewalk Cafe at 7:00 a.m. The last call for alcohol beverages within the Sidewalk Cafe shall be at 9:30 p.m. All alcoholic beverages must be removed from the Sidewalk Cafe by 10:00 p.m. (10) The City Manager, Chief of Police, Director of the Department of Public Works, Transportation Director, or their designees,may,with or without notice, close a Sidewalk Cafe at any time if the health, safety, welfare, or good order of the City is at risk or threatened, or to preserve the condition of City facilities. (G) Liability Insurance No Establishment shall be issued a Sidewalk Cafe Permit without providing proof of sufficient liability insurance covering the Sidewalk Cafe area in the following minimum amounts: Commercial general liability: $1,000,000 per occurrence/general aggregate per location. Employer's liability: $300,000 policy limit;$100,000 per employee. (1) The Permit holder agrees to indemnify,defend and hold the City,its employees and agents harmless against all claims, liability, loss, damage, or expense incurred by the City as a result of any injury to or death of any person or damage to property caused by or resulting from the activities for which the Permit is granted.The City may,at its discretion,establish an additional document setting forth more specific indemnification and hold harmless language that may be required from the Establishment prior to the issuance of a Sidewalk Cafe Permit. (2) As evidence of liability insurance,the Permit holder shall furnish a Certificate of Insurance, on a form acceptable to the City, evidencing the existence of adequate liability insurance naming the City of Oshkosh as additional insureds using terms acceptable to the City. (3) Whenever such an insurance policy is cancelled, not renewed, or materially changed,the insurer and the Permit holder shall notify the City of Oshkosh by certified mail or personal service. In the case of cancelled or non-renewals,the City shall be notified at least thirty(30) days before cancellations or non-renewals. (H) Variances. Variances to any of the above Sidewalk Cafe requirements may be granted by the Common Council. City of Oshkosh Chapter 25—Page 36 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (1) A property owner, or the licensed establishment operating on the property seeking a variance of any rule or requirement identified in this Section of the Municipal Code shall submit a detailed written request to the Department of Community Development. City staff shall review the request and provide a staff recommendation to the Common Council. The Common Council will consider the following,in addition to any other relevant factor,when reviewing variance requests: a. The variance will not be contrary to the public interest; b. Substantial justice will be done by granting the variance; C. The variance is need so that the spirit of the ordinance is observed; d. Due to special conditions, a literal enforcement of the provisions of the Sidewalk Cafe Ordinance will result in unnecessary hardship. (2) The City's allowance of Sidewalk Cafes in certain circumstances on the public right-of- way is not intended to grant, and shall not grant, any property rights within the public right-of-way to property owners, licensed establishments, or others. Therefore,variances or exceptions shall be at the sole discretion of the Common Council based upon a review of all facts of each circumstance. The Common Council may approve or deny the request as submitted, or approve the request in party subject to any condition considered appropriate by the Common Council for each circumstance. SECTION 25-63 RESERVED SECTION 25-64 RESERVED SECTION 25-65 RESERVED SECTION 25-66 RESERVED SECTION 25-67 RESERVED ARTICLE VIII. SNOW AND ICE REMOVAL SECTION 25-68 SNOW REMOVAL (1) Sidewalks Every owner of real property within the City shall within twenty-four(24)hours following cessation of a snowfall or other precipitation,remove all snow and ice from the sidewalk located adjacent to the premises;provided that,when ice is so formed on any sidewalk so that it cannot be removed,the person owning such premises shall keep the sidewalk or curb ramp sprinkled with a material(s)to accelerate melting and prevent slipping. Every person who owns property abutting any crosswalk/curb ramp shall remove all snow and ice from the sidewalks bordering the crosswalk and the curb ramp. Additional snow events will not extend the snow removal deadline. Prior snowfalls are required to be removed by the original deadline. City of Oshkosh Chapter 25—Page 37 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (2) Deposit On Streets and Near Fire Hydrants Prohibited. (A) No person shall throw, or put, or cause to be thrown or put, any snow or ice onto any fire hydrant, or cause to be blocked or covered or interfere with the use of fire hydrants. (B) No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from private property including but not limited to driveway, parking lot, parking area, business property, or other area onto any public right-of-way or public property. No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from a sidewalk or driveway apron onto any alley or street. (C) Snow removed from public sidewalks shall not be stored in any manner which will unreasonably obstruct or limit vehicular or pedestrian vision,movement, or access. (D) If the owner of such premises shall fail to remove such snow and ice or to sprinkle a sidewalk as required,or if the owner deposits or causes to be deposited or allows snow or ice to be deposited upon any public right-of-way or public property contrary to these provisions, such actions shall be considered a nuisance. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than twenty dollars($20) nor more than fifty dollars ($50) for a first offense and not less than thirty dollars($30)nor more than one hundred dollars($100)for any subsequent offense. Each day any violation of this ordinance continues shall constitute a separate offense. SECTION 25-69 WHEN CITY HAS TO DO WORK (1) Residential Districts. Whenever any owner of any parcel of real estate in a residential district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code, the Director of Public Works shall,without notice,have the ice and snow removed there from. He shall keep an accurate account of the expenses,including any administrative costs,of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so,shall invoice the property owner for such expenses and report the same to the Comptroller,who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in§66.0627 of the Wisconsin Statutes against such lot or parcel of land,and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. (2) Commercial or Industrial Districts. Whenever any owner of any parcel of real estate in a commercial or industrial district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code,the Director of Public Works shall,without notice,have the ice and snow City of Oshkosh Chapter 25—Page 38 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 removed there from. He shall keep an accurate account of the expenses, including any administrative costs, of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so,shall invoice the property owner for such expenses and report the same to the Comptroller,who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land,and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. SECTION 25-70 RESERVED ARTICLE IX. NUMBERING OF BUILDINGS SECTION 25-71 UNIFORM SYSTEM OF NUMBERING ESTABLISHED There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues,and public ways in the City,and all houses and buildings shall be numbered in accordance with the provisions of this Article. SECTION 25-72 BASE LINE FOR STREETS RUNNING NORTH- SOUTH Witzel Avenue to center of Fox River and along the river to mouth of river shall constitute the base line for numbering along all streets running north or south. North and South Main Streets shall constitute the base line for numbering along all streets running east and west. (A) The numbering of houses and buildings shall start with zero on both sides of these base lines;except that on the Witzel Avenue base line,the numbering shall start with one hundred (100). (B) The City Engineer shall number diagonal streets so as to conform to the general plan as nearly as possible. (C) The City Engineer may make whatever minor alterations and adjustments that may become necessary to carry out the basic numbering plan of this Article. (D) The City Engineer shall number circular streets so as to conform to the general plan as nearly as possible. SECTION 25-73 BASE LINE NUMBER TO BEGIN AT ZERO;EXCEPTION City of Oshkosh Chapter 25—Page 39 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (A) Numbers of streets to begin at base line. The numbering of each street shall begin at the base line with zero,except on the Witzel Avenue base line which will begin with one hundred (100). The City Engineer shall assign one hundred (100)numbers to each block where practicable so as to provide a uniform system of numbers run out from each base line. The City Engineer shall assign a number to a lot or land frontage at whatever intervals are practicable. (B) Numbering where blocks are of different length. Where blocks of different lengths occur on opposite sides of a street,the numbers on both sides shall be assigned on the basis of the shorter blocks,unless the City Engineer shall otherwise determine. SECTION 25-74 EXPLANATION OF THE NUMBERING SEQUENCE (A) All lots and houses on the north and east sides of the streets shall be numbered with even numbers, and all lots and houses on the south and west sides of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block, and shall increase from the base line one (1)number of each twenty(20)feet of frontage or fraction thereof,except as provided in Sections 25-79 to 25-83. (B) Where any building has more than one door serving separate occupants,a separate number shall be assigned to each door serving a separate occupant,providing the building is twenty(20)feet or more in width. If the building is not twenty(20)feet or more in width and the entrances are not that far apart, the next consecutive number shall be marked as provided in Sections 25-79 to 25-83. Buildings fronting on two (2) or more streets shall have a number assigned only to the main entrance,unless other entrances serve different occupants. SECTION 25-75 STREETS NOT EXTENDING TO BASE LINE All streets not extending through to the base line shall be assigned the same relative numbers as if the said street had extended to the said base line. SECTION 25-76 SURVEY AND ASSIGNMENT OF NUMBERS (A) Designation of numbers. The Common Council shall cause the necessary survey to be made, and there shall be assigned to each house and building located on any street, avenue, or public ways in the City, its respective number under the uniform system provided for in this Article. When the survey shall have been completed and each house and building has been assigned it respective number or numbers, the City Engineer shall place or cause to be placed upon each house or building the number or numbers assigned under the uniform system provided for in this Article. City of Oshkosh Chapter 25—Page 40 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (B) Numbers to be of a uniform size. The numbers and holders shall be uniform in size, color and style throughout the City with the numbers being three and one-half(31/2)inches by two and one-half(21/2)inches in black enamel vitrified tile. The numbers shall be placed within twenty(20)days after the assigning of the proper number. The cost of the original numbers shall be included as part of the fee establishing grades as provided in Section 7-11(B) of this Code. The cost of any replacement numbers shall be$2.50 per number. Numbers shall be procured from the City Engineer. (C) Numbers to be conspicuously placed. The numbers shall be conspicuously placed immediately above,on or at the side of the proper door of each building so that the number can be seen plainly from the street. Whenever any building is situated more than fifty (50) feet from the street line, the number of such building shall be conspicuously displayed at the street line, near the walk, driveway or common entrance to such building and upon the gate post, fence, tree, post or other appropriate place so as to be easily discernible from the sidewalk. SECTION 25-77 DISTINCTIVE NUMBERS FOR PORTIONS OF BUILDINGS Where only one(1)number can be assigned to any house or building,the owner,occupant or agent thereof who shall desire distinctive numbers for the upper and lower portion of the house or building,or for party thereof fronting on any street, shall use the suffix"A", "B", "C,etc. as may be required. SECTION 25-78 PLAT BOOK TO BE KEPT For the purpose of facilitating a correct numbering,a plat book of all streets,avenues and public highways within the City, showing the proper numbers of all lots or houses fronting upon all streets, avenues, or highways,shall be kept on file in the office of the City Engineer. These plats shall be open to inspection to all persons during the office hours of the Engineer. Duplicate copies of such plats may be furnished to the Clerk and Building Inspector by the City Engineer. SECTION 25-79 CITY ENGINEER TO INFORM APPLICANT OF NUMBERS It shall be the duty of the City Engineer to inform any party applying therefor,of the number or numbers belonging or embraced within the limits of said lot or property as provided in this Section. In case of doubt as to the proper number to be assigned to any lot or building,the City Engineer shall determine the number of such lot or building. SECTION 25-80 RESPONSIBILITY OF OWNER TO PROCURE NUMBERS Whenever any house,building or structure shall be erected or located in the City,after the entire work of establishing a uniform system of house numbering has been completed,in order to preserve the continuity and uniformity of numbers of all houses, buildings and structures, it shall be the duty of the owner to procure the correct number or numbers as designated from the City Engineer for the property and to immediately fasten the numbers so assigned upon said building as provided by this Article. No building City of Oshkosh Chapter 25—Page 41 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 permit shall be issued for any house,building or structure until the owner has procured the official number of the premises. SECTION 25-81 POLICE TO REPORT VIOLATIONS It shall be the duty of all police officers of the City to report violations of any provision of this Article. SECTION 25-82 REFUSAL TO NUMBER BUILDING If the owner or occupant of any building required to be numbered by this Article shall prevent the City Engineer from attaching and maintaining the proper number on such building,the City Attorney shall serve upon the owner a notice requiring him to properly number the same,and if the owner or occupant neglects to do so within ten(10)days after the service of such notice,he shall be deemed to have violated this Article. ARTICLE X. REPEALED (1/11/22) SECTION 25-83 REPEALED (1/11/22) SECTION 25-84 REPEALED (1/11/22) SECTION 25-84.6 REPEALED (1/11/22) SECTION 25-85 REPEALED (1/11/22) SECTION 25-85.6 REPEALED (1/11/22) SECTION 25-86 REPEALED (1/11/22) SECTION 25-87 REPEALED (1/11/22) SECTION 25-88 REPEALED (1/11/22) SECTION 25-89 REPEALED (1/11/22) SECTION 25-90 REPEALED (1/11/22) ARTICLE XI. ACCESS CONTROL SECTION 25-91 DEFINITIONS For the purposes of this Ordinance,the following words shall have the meaning thereafter provided: (1) Class I Driveway Approach shall mean a driveway approach, which serves a Type "A" site or a City of Oshkosh Chapter 25—Page 42 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 single parcel of property located in a residential zoning district or commercial zoning district which is used for residential purposes. (2) Class II Driveway Approach shall mean a driveway approach,which serves property located in a commercial district which is not used primarily for residential purposes. (3) Class III Driveway Approach shall mean a driveway approach, which serves commercial or manufacturing property and which is primarily used by buses or semi-trailer trucks. (4) Curb Cut shall mean that section of concrete curb removed to permit the entrance and exit of vehicles from adjacent property and shall be measured at the entrance width plus the allowable flare. (5) Director of Public Works shall include designees thereof. (6) Driveway shall mean a private roadway providing access from a public right-of-way to a parking space, garage, dwelling,parking lot, or other structure. (7) Driveway Approach shall mean an area within a public right-of-way which is improved for motor vehicle traffic and which connects a private road or driveway to a portion of a public right-of-way, which is improved for motor vehicle traffic. (8) Entrance shall mean the point at which a driveway abuts the driveway approach. (9) Flare shall mean the portion of a driveway approach,which is wider at the street curb line than at the entrance. (10) Intersection Turning Area shall mean the part of the street intersection included between the radius line used to connect the curb lines and the intersection of the curb lines, if extended. (11) Type "A" Site shall mean property in a residential zoning district containing a single residential structure of one or two dwelling units having fewer than five (5) off-street parking spaces. (12) Type "B" Site shall mean all property,whether one or more contiguous lots or parts of lots,which does not meet the definition of a Type "A" site. SECTION 25-92 PERMIT REQUIRED FOR CURB CUT CONSTRUCTION No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway approach or street on the public streets without first obtaining a Right-of-Way Excavation License for that purpose from the Department of Public Works as provided in section 25-16 of this Chapter. In addition, for each project or address at which work will be performed a Right-of-Way Excavation permit shall be obtained from the Department of Public Works as provided by this Article.Before receiving such permit, the applicant shall pay to the City Treasurer the fee established by resolution by the Common Council. City of Oshkosh Chapter 25—Page 43 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-93 APPLICATION An applicant for a permit hereunder shall file with the Director of Public Works an application showing: (A) Name and address of the owner, or agent in charge, of the property abutting the proposed work area; (B) Name and address of the party doing the work; (C) Location of the work area; (D) Attached plans showing details of the proposed alteration; (E) An approved building permit; (F) The location of existing driveway approaches currently serving the property. (G) Such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder. Note: Existing driveway approaches that require abandonment must be removed and the curb/gutter replaced to the standard specifications of the City. SECTION 25-94 RESERVED SECTION 25-95 RESERVED SECTION 25-96 RESERVED SECTION 25-97 RESERVED SECTION 25-98 RESERVED SECTION 25-99 RESERVED SECTION 25-100 RESERVED SECTION 25-101 STANDARDS FOR ISSUANCE OF PERMIT The Director of Public Works shall issue a permit hereunder when the following conditions are met: (A) That the plans for the proposed operation have been approved by the City Engineer or Director of Public Works. (B) That the work shall be done according to the standard specifications of the City for public work of like character. Said plans and specifications for curb cuts are on file in the office of the City Engineer of the City of Oshkosh. (C) That the operation will not unreasonably interfere with vehicular and pedestrian traffic,the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. City of Oshkosh Chapter 25—Page 44 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (D) That the health,welfare and safety of the public will not be unreasonably impaired. SECTION 25-102 SUPERVISION OF DIRECTOR OF PUBLIC WORKS All operations for which a permit is granted hereunder shall be under the direction and supervision of the Director of Public Works. SECTION 25-103 ORDER TO ALTER CURB CUT (A) Where the use,convenience and necessity of the public require,the Director of Public Works shall have the authority to order the owners,or agents in charge of property adjacent to which curb cuts are maintained,to alter or close the curb cut in such manner as necessary under the circumstances. (B) Whenever a curb cut is altered or closed, the work shall be performed according to the plans and specifications for curb cuts on file in the office of the City engineer of the City of Oshkosh. SECTION 25-104 NOTICE OF ALTERATION ORDER The notice required by Section 25-103 shall (1) require compliance by permittee within thirty(30) days of said notice, (2)be in writing and, (3)be served upon permittee as required by law. SECTION 25-104.1 DRIVEWAY CONDITIONS AND CRITERIA The location of non-commercial and manufacturing driveway approaches on local and collector streets shall be subject to the following: (A) Driveway approach openings shall be located at least forty(40)feet from the right-of-way line with the exception of single-family and two-family driveway openings,which shall be located at least twenty-five (25) feet from the right-of-way line. (B) No driveway approach shall be closer than one-half (1/2) foot to an adjacent property line. This requirement shall not apply when adjacent property owners sign a joint application for a driveway approach permit. (C) Any two (2) driveway approaches to the same lot shall be at least twenty (20) feet apart. (D) All driveway approaches shall be so located as to provide adequate sight distance in both directions along the street for safe access to the street. (E) A maximum of two (2) driveway approaches per property. City of Oshkosh Chapter 25—Page 45 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 (F) For single and two-family dwellings where no garage exists,the maximum driveway width shall not exceed twelve(12)feet. Said driveway shall be situated so as not to create only a front yard parking area. (G) For single and two-family dwellings, circular, horseshoe and similar type driveways shall be permitted where the minimum lot width is at least 100 feet. The maximum width of such a driveway shall not exceed twelve (12) feet, except for the area of allowable paving in front of the garage,and the inside edge of the arc of the driveway shall be at least twenty-five(25)feet from the front lot line. For driveways with two curb openings, the spacing shall provide a minimum dimension of fifty (50) feet between the inside driveway edges,measured at the right-of-way line. (H) DRIVEWAY CONDITIONS AND CRITERIA (1) Class I Maximum permitted width of entrance...........24 feet Minimum permitted width of entrance..............8 feet Maximum permitted curb cut.............................29 feet Minimum permitted curb cut.............................13 feet Maximum flare.....................................................2.5 feet (2) Class II* Maximum permitted width of entrance...........30 feet Minimum permitted width of entrance or two entrances of 10 feet minimum under one-way operation.......................18 feet Maximum permitted curb cut.............................40 feet Minimum permitted curb cut.............................28 feet Maximum flare........................................................5 feet (3) Class III Maximum permitted width of entrance...........40 feet Minimum permitted width of entrance............35 feet Maximum permitted curb cut ............................70 feet Minimum permitted curb cut ............................65 feet Maximum flare .....................................................15 feet Minimum permitted entrance width is ten (10) feet when serving twelve (12) or fewer vehicle parking spaces at a multiple-dwelling unit facility. (I) The following set of driveway access conditions and criteria apply to driveway approach improvements on any secondary and primary arterial and commercial/manufacturing property located on a collector street: (1) Driveway Approaches Corner clearance: a) near side= 175 feet from the right-of-way line b) far side = 120 feet from the right-of-way line City of Oshkosh Chapter 25—Page 46 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 Frequency a) one per single and two family residential property unless in compliance with 25.104.1(g) b) two per multi-dwelling property c)a second driveway warranted per commercial parcel if frontage is greater than 600 feet or if total ingress/egress volume exceeds 5000 vpd. Spacing a) 105 foot minimum curb for 25 mph speed limit b) 125 foot minimum curb for 30 mph speed limit c) 150 foot minimum curb for 35 mph speed limit d) 185 foot curb minimum for 40 mph speed limit e) 230 foot curb minimum for 45 mph and over speed limit Width: (1) Class I Maximum permitted width of entrance... 24 feet Minimum permitted width of entrance... 8 feet Maximum permitted curb cut ............. 29 feet Minimum permitted curb cut................ 13 feet Maximum flare................................. 2.5 feet (2) Class II* Maximum permitted width of entrance...30 feet Minimum permitted width of entrance or two entrances of 10 feet minimum under one-way operation................. 18 feet Maximum permitted curb cut............... 40 feet Minimum permitted curb cut............... 28 feet Maximum flare................................. 5 feet (3) Class III Maximum permitted width of entrance... 40 feet Minimum permitted width of entrance.... 35 feet Maximum permitted curb cut ...............70 feet Minimum permitted curb cut ................65 feet Maximum flare .................................15 feet Minimum permitted entrance width is ten (10) feet when serving twelve (12) or fewer vehicle parking spaces at a multiple-dwelling unit facility. Restricted Lateral Clearance ............75 ft. minimum if traffic is less than 1500 vph. ... ... ... 120 ft. minimum if traffic is greater than 1500 vph Downstream Median: Required at all four-lane driveways. a) Minimum width=4 feet,Desirable width= 10 feet City of Oshkosh Chapter 25—Page 47 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 b) Minimum length=25 feet. (J) Anytime a parcel of land is cleared of existing surface improvements,the driveways serving that parcel should be cleared or reconstructed to conform to the guidelines set forth herein. (K) The following special design features may be permitted or required at high volume (5000 vpd) entrances if approved by the Board of Public Works. (1) One or more driveway approaches may be replaced by a street type entrance. The cost shall be borne by the requestor. The spacing shall be a minimum of 300 feet. (2) One or more driveways to a major traffic generator may be replaced with special geometrically designed approaches and entrances where traffic volumes and turning movements reduce the capacity of the adjacent street or pose a hazard to through traffic. These designed approaches or entrances include(but are not limited to)speed change lanes, median crossovers, traffic islands and special driveway approach design features. The owner of the traffic generator shall be financially responsible for the cost of the specially designed approaches and entrances as well as the cost of additional drainage structures, street lighting and traffic signals and conduit necessitated at such approaches and entrances. (3) Right-of-way areas adjacent to driveway approaches shall be left unimproved for vehicular use. SECTION 25-104.2 VARIANCES FOR UNUSUAL CONDITIONS The Director of Public Works or designee is hereby authorized to grant in writing,variances from the strict application of Section 25-104.1 Driveway Conditions and Criteria provided it is determined that the following conditions are present: (1) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city,or is due to the nature of the business or operation on the abutting property. (2) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That exception or variance desired is not against the public interest, particularly safety, convenience and general welfare. (4) That the strict application of the terms of this chapter will impose unnecessary hardship on the property owner or tenant. The Director of Public Works or designee may require additional conditions that may be deemed necessary to meet the standards of this section. The Director of Public Works shall work with the Department of Community Development in making determinations under this provision. City of Oshkosh Chapter 25—Page 48 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 Any person aggrieved by the decision of the Director of Public Works or designee may appeal that decision to the City Plan Commission within forty-five(45)days from the date of issuance of that decision. Failure to initiate an appeal within the 45-day period shall constitute a final and binding waiver of the right to appeal the decision. Application for an appeal shall be made to the Department of Community Development and shall contain a copy of the decision appealed from as well as a written statement from the applicant indicating the reasons why the appeal should be granted. (B) Response to Appeal. (1) A copy of the application for appeal shall be provided to the official whose determination or order is appealed from. The official shall review the application and evaluate and provide comment on the written justification for the requested appeal to the Plan Commission. The Director of Community Development, or designee, shall also evaluate the application to determine whether the requested remedy is in harmony with the Comprehensive Plan or other relevant plans when applicable. (2) The Director of Community Development,or designee,shall forward the application for appeal and report to the Plan Commission for review and action. (C) Public Hearing.Within 60 days of filing of a complete application,the Plan Commission shall hold a hearing to consider the request. (1) The Plan Commission may request further information and/or additional reports from the Director of Community Development,Director of Public Works,or their designees,and/or the applicant.The Plan Commission may take final action on the application for appeal at the time of its initial meeting,or may continue the proceedings. When making a determination upon Appeal the Plan Commission may consider whether the provisions of the codes apply to the particular situation at hand;whether the codes or rules have been incorrectly interpreted;the intent of the codes or rules; and any relevant facts and circumstances. (2) Final action shall be followed by a written report or minutes which shall include the determination of the Commission. (3) If the Plan Commission fails to make a determination within 60 days after the filing of said complete application,then the request for the appeal shall be considered denied. (D) Effects of Denial.No application for an appeal which has been denied(either wholly or in part)shall be resubmitted for a period of 365 days from the date of said order of denial,except on grounds of new evidence or material change of circumstances. (E) Limited Effect on a Favorable Ruling on an Appeal. (1) No ruling on an appeal shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless an appropriate permit(s) is obtained and construction is actually begun within that period, and is thereafter diligently pursued to completion. (2) A ruling on an appeal shall be deemed to authorize only the particular authorized use at that particular location for which the ruling was issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason,be discontinued for a period of 365 consecutive days or more. ARTICLE XII. RIVER AND BRIDGES City of Oshkosh Chapter 25—Page 49 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-105 DIRECTOR OF PUBLIC WORKS Duties of Director; See Section 2-26 of this Code. SECTION 25-106 DUTIES OF BRIDGE TENDERS The duties of such bridge-tenders shall be to have charge of the bridges to which they are appointed; to cause such bridges to be promptly opened and closed,to allow for passage of boats and to keep the same properly lighted in accordance with the regulations therefor from time to time prescribed by the proper United States authorities and as may be required by the Common Council; to promptly notify the Police Department of the violation of any ordinances of the City regulating traffic on the bridges;to at once notify the Superintendent of Bridges of any defect occurring or existing to his knowledge, or reasonably discoverable by him,in or upon his bridge and to take all precautions and means in his control to prevent injuries to any person from such defect;and to obey the rules and comply with the directions from time to time made or given for the care and management of such bridges by the Bridge Superintendent. SECTION 25-107 LOITERING ON BRIDGES;FISHING No person shall stand or loiter on any bridge in the City or the abutment or railing pertaining to the same, except that any person may fish from the East or downstream side of City owned bridges with the exception of the Main Street Bridge. No person shall fish on such bridges in violation of the following regulations: (A) Fishing poles longer than five and one-half(5 1/2) feet shall not be used. (B) Not more than two (2) fishing poles per person shall be used. (C) A bait bucket larger than a two (2) gallon bucket shall not be used. (D) No casting is allowed. (E) Drop or throw line fishing shall not be allowed. (F) Fishing from the span is not allowed. SECTION 25-108 POLICE TO PRESERVE ORDER (A) Any police officer may give any order for the preservation of good order and the equal convenience of the public on or near any bridge in the City;and any person refusing or neglecting to obey such order shall be subject to immediate arrest and to the penalty hereinafter provided. SECTION 25-109 DAMAGING BRIDGES No person shall mar,deface,cut,injure,or intermeddle with any bridge within the limits of the City,or mar, deface, cut, injure or intermeddle with any safety gate or gates, tools, machinery, lamps or lighting apparatus connected with or used in,upon, or about any bridge or bridges. City of Oshkosh Chapter 25—Page 50 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 SECTION 25-110 BOAT OPERATORS TO WAIT UNTIL BRIDGE OPENS Whenever any person having charge of any vessel, craft or float shall wish to move the same past any bridge,reasonable time shall be allowed for the opening of the same,and no person shall move any vessel, craft or float against any bridge or draw thereof before the same shall be opened. SECTION 25-111 OBSTRUCTING BRIDGES No person shall place or cause to be placed any vehicle or other thing on any of the bridges within the City so as to cause any obstruction to a free passage across said bridges. SECTION 25-112 FASTENING VESSELS TO BRIDGES No person shall tie,attach or in any manner fasten to any bridge across Fox River in the City,or to any pier of any such bridge,including protection piers and all parts of such bridges,any boat,vessel,scow,float,raft, barge, crib of logs,timber or lumber or any floating articles,materials or property of any kind. SECTION 25-113 CONDUCT OF VESSELS All vessels,crafts or floats navigating Fox River when passing any bridge in the City shall be moved past the same as expeditiously as is consistent with a proper movement in the river,but in no case shall any vessel, craft or float while passing any bridge and obstructing the same be allowed,remain or obstruct the passage across said bridge more than thirty(30)minutes,and no vessel,craft or float shall be so anchored or fastened by the person in charge as to prevent any bridge from a free and speedy opening. SECTION 25-114 ANCHORING VESSELS NEAR BRIDGES No person in charge of any steamboat,vessel or any other water craft of whatever name or description shall under any circumstances permit the dropping of the anchor into the water or otherwise fasten within fifty (50) feet from any of the bridges in Fox River. SECTION 25-115 BELL SIGNALS (A) Bridge tender to ring bell. A bell shall be placed at or near the center of the draw of each bridge in the City and it shall be the duty of each bridge tender in the City immediately before opening the bridge draw for any purpose whatever,to ring such bell. (B) Driving onto bridge after signal prohibited. City of Oshkosh Chapter 25—Page 51 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 No person shall drive or attempt to drive on the draw of any bridge with any kind of vehicle after the tender of such bridge has commenced to give the signal for swinging or opening the draw thereof. (C) Unauthorized use prohibited. No person shall ring or meddle with the bell on any bridge,except authorized personnel. SECTION 25-116 BOATS,RAFTS,ETC.TO BE FASTENED No owner,bailee or person having in charge,and any person to whom belongs the legal custody of every fleet,float,raft or crib or logs,posts,timber or lumber,shall permit or allow the same to remain,either with or without his knowledge, in Fox River within the limits of the City without the same being properly and securely fastened to some fixed post,pile or other permanent object. These provisions shall not apply to any fleet, float or raft or crib which is in the actual custody of some person or persons and being moved or navigated from one place to another on said river. SECTION 25-117 STEAMBOATS AND WHISTLES (A) Slow speed required. All steamboats coming or going out of Fox River of passing up or down the river in the City shall be moved under a low head of steam and slowly by the person in charge so as not to endanger other craft, and shall have extinguished or secured safely at dark all fires that may be kept on board. (B) Blowing of whistle near bridge prohibited;exception. No person having in charge any steamboat or tug boat of whatever name or description upon the waters within the limits of the City shall blow or permit or cause or suffer the steam whistle therein to be blown except in case of alarm for an actual fire and public danger,within two hundred(200) feet of any bridge or within two hundred (200) feet of any dock or wharf within the City. SECTION 25-118 ANCHORING IN RIVER No person having in charge any steamboat,vessel or other craft or float shall anchor or otherwise fasten or permit to be fastened any steamboat, vessel, craft or float in Fox River in the City so that the same shall obstruct the passage of any other steamboat,vessel, craft or float coming in or going out or passing up or down said river. SECTION 25-119 REPEALED ARTICLE XIII. PENALTIES SECTION 25-120 PENALTIES Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall,upon conviction thereof,be punished by a forfeiture of not less than$75.00 nor more than$500.00,together with City of Oshkosh Chapter 25—Page 52 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 costs of prosecution and in default of payment thereof,by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. SECTION 25-121 LICENSE/PERMIT NON-RENEWAL, SUSPENSION,OR REVOCATION In addition to any other penalty provided by law,any licensee or permittee found to be in violation of the provisions of this Chapter, any rules or conditions of the Director of Public Works shall be subject to non- renewal,suspension or revocation of their license/permit by the Director of Public Works. The City elects not to be bound by the provisions of Chapter 68 Wis.Stats.in regard to decisions on license or permit status under this section. Any person may file a sworn written complaint with the City Clerk alleging violations of this Chapter or of applicable State or other law related to a licensee or permittee under this Chapter. Upon filing of a complaint,the City Clerk shall issue a notice setting forth a date and time for hearing on the matter,not less than three (3) days nor more than fifteen(15) days after the date of the notice. If the Director of Public Works,Chief of Police or their designees shall determine that a licensee or permittee is in violation of the provisions of this Chapter,any rules or conditions of the Director of Public Works and that such violation creates a great and immediate danger to the public health,safety,or peace,the Director, Chief or their designees may take such as action as they may deem necessary to protect the public. The licensee may appeal from such action by filing with the City Clerk a statement indicating the action taken and specifying the reasons for the appeal. Upon filing of an appeal, the City Clerk shall issue a notice setting forth a date and time for hearing on the matter,not less than three(3)days nor more than fifteen(15) days after the date of the notice. At the hearing, the complainant and the person(s) complained of may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Director of Public Works shall act as the decision maker. If the Director is the complainant or is otherwise unable to so act,a decision maker shall be appointed by the City Manager. A written determination continuing,suspending,revoking,or failing to renew the license or permit shall be issued within ten(10)days of the hearing.The written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefore with the City Clerk. On Appeal the Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof,as well as notice to the parties interested,and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented,the Council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear all persons City of Oshkosh Chapter 25—Page 53 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 testifying before the Council in regard to the appeal,and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Director or other decision maker appealed from, and to this end may direct issuance,suspension or revocation of any license or permit issued under this Chapter. Within ten(10) days after the decision on any appeal,the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. City of Oshkosh Chapter 25—Page 54 Municipal Code