7.090 Grade and Construction of Sidewalks.

(1) Permit Required. Any person, firm or corporation laying new sidewalks, relaying existing sidewalks, or repairing existing sidewalks in any way shall make application to the City Engineer for a permit before commencing work. The City Engineer shall maintain appropriate permit forms and records as necessary to assure only quality and necessary sidewalks be constructed and to assure that the public is protected financially and protected with appropriate traffic/pedestrian control measures.

Permit fees shall be as approved by resolution of the Common Council.

(2) Grade. The grade of all sidewalks hereunder constructed or relayed shall be a grade established by the office of the City Engineer.

(3) Construction. All new sidewalks hereafter constructed or existing sidewalks which are relayed on any street shall be of concrete construction. Decorative walks such as exposed aggregate and flagstone embedded in concrete may be installed by the owner only if approved by the Board of Public Works.

(4) Recreational Trails. Recreational bike paths may be constructed with concrete or asphalt as determined by the City Engineer.

(5) Curb and Gutter to Be Installed. No permit shall be issued for the laying of a sidewalk until the curb and gutter have been installed along the street where said sidewalk is to be placed.

(6) Location of Sidewalk. In any business district in which the Zoning Ordinance or Official Map does not require any building or off-street parking setbacks from the property line, sidewalks shall be laid from the lot line to the curb.

Sidewalks in any block where a portion of the sidewalk falls within a business district that requires a building or parking setback or sidewalks on a collector or arterial street shall be a minimum of five feet, four inches wide and the inner edge thereof shall be eight inches from the lot line.

All sidewalks hereafter constructed in areas other than as stated above shall be four feet in width and the inner edge thereof shall be eight inches from the lot line.

These requirements may be waived or modified by the City Engineer as may be required for practical design purposes.

(7) Sidewalks Compulsory. Sidewalks shall be constructed on any portion of any side of any street:

(a) Where the Board of Public Works determines a sidewalk is necessary for the public health and safety, the determination is approved by the Common Council, and the property owner is given notice to install pursuant to Wis. Stat. § 66.0907, as modified or amended from time to time.

(b) Subject to the prerequisites of subsection (7)(a) of this section, sidewalks shall be installed where curb and gutter have been installed and one of the following conditions exists:

1. Fifty percent or more of the property by frontage on said side of the street in the block is improved with building improvements; or

2. Fifty percent or more of the property owners by frontage on said side of the street in said block have installed sidewalks; or

3. Eighteen months have expired after the issuance of a building permit to the owner of the property on any portion of any street; or

4. Twelve months have expired since the installation of curb and gutter on the portion of the street abutting said property.

This subsection (7)(b) shall not apply to property zoned and in actual use for agricultural, recreational or industrial purposes, but such property shall be subject to subsection (7)(a) of this section.

(8) Appeal. Any owner of a lot or parcel of land served with a notice or order to construct a sidewalk pursuant to this section may individually petition the Board of Public Works for relief therefrom. The Board may alter, suspend or remove the assessment if it is proven the assessment is not in conformance with State law or the Municipal Code.

[Ord. 09-700 § 1, 2009. Prior code § 7.09]