Ordinance #96
Streets & Alleys
Sidewalk Fiscal and Construction - Village of Osceola

PROVIDING A SIDEWALK FISCAL AND CONSTRUCTION POLICY

The Village Board of the Village of Osceola, Polk County, Wisconsin, do ordain as follows:

Section 1:

This Ordinance shall constitute a Charter Ordinance as that term is defined at §66.01(2)(a),Wis. Stats. By virtue of its adoption of this Ordinance, the Village does hereby elect that, other than enactments of statewide concern as shall with uniformity affect every Village in the state, the whole or any part of any law relating to the local affairs of the village, pertaining to the subject matter hereof, shall cease to be in effect in the Village.

Section 2:

Effective Date. Subject only to §66.01(5), this Ordinance shall take effect February 1, 1999 and shall remain in effect thereafter until repealed in accordance with the law.

Section 3:

Fiscal Policy - Sidewalk Construction. For each year commencing with calendar year 1999, the Village Board shall on an as-needed basis, budget a sum of approximately $.001 (1 Mil) per $1,000 of assessed value and not less than $.0005 (1/2Mil) per $1,000 of assessed value for the purpose of sidewalk construction and/or repair and/or replacement in the Village as long as there is deemed to be a need. Need for sidewalk construction shall be determined annually by the Village Board. The sole exception shall be that if no sidewalk construction under Section 4a below is contemplated for a calendar year, no sum shall be budgeted.

Section 4 :

Sidewalk construction, repair and replacement - Existing and New Development

Sub Section a: Village Moneys to be Utilized to Construct and/or Repair and/or Replace Sidewalks Along Existing Streets. It is the intent of the Village that all of the sums budgeted under Section 3, above, shall be made available for and shall be utilized only with respect to the construction/repair/replacement of sidewalks along existing streets. For the purposes of the Ordinance, "existing streets" shall mean Village streets opened to vehicular traffic prior to January 1, 1999.

Sub Section b: New Subdivisions. It shall be the responsibility of each subdivider of real estate and/or other developer of lands within the Village limits, with respect to development occurring from and after January 1, 1999, to, at its own, sole expense, construct sidewalks alongside public streets and highways in and surrounding or abutting the subdivision in question. Minimum requirements for the construction of sidewalks at the expense of developers shall be the same as those set forth for all other sidewalks in the Village. Copies of the Village policy regarding the same shall be made available through the office of the City Administrator. At the option of each, individual developer, sidewalks may be constructed immediately after the final plat has been approved of by all approval authorities, including the Village, or the developer may wait until it has sold (1) building site before constructing the said sidewalks.

Section 5:

In accord with §66.01(5), Wis Stats., this Charter Ordinance shall take effect no earlier than sixty (60) day after its passage and publication. To the extent that this Ordinance modifies, amends, repeals or repeals in part any Ordinances previously adopted by the Village Board, this Ordinance shall control and, to that extent, the following Ordinances shall be deemed to be modified or repealed as set forth hereinafter. Section 17.06(l)(c), Section 17.07 and Section 17.08.

Section 6:

That the Charter Ordinance shall amend Section 17.06 (1)(c) to read:

After installation of all utilities, the owner, the subdivider of both shall surface all roadways and streets that are proposed to be dedicated to the Village to widths and standards as prescribed by these regulation and/or comprehensive plan components. In addition, the owner, the subdivider of both shall, at the owner or subdivider's option, immediately upon approval of the final plat or Certified Survey Map or upon the sale of the first building site or lot, construct and install sidewalks along the public streets serving the subdivision in the manner prescribed, from time to time, by the Village. The surfacing of street and roadways shall include subbase material, gravel base, bituminous concrete an curb and gutter, as per the charts entitled "Arterial or Collector Streets" and "Minor Streets" which are available in the office of the Village administrator. The surfacing of roadways and streets shall be done in accordance with the above-mentioned charts or amendments thereof. The construction of sidewalks shall be in accordance with plans and specifications approved by the Village Board. All costs incurred for the plans and specification approval and construction costs associated thereof shall be the responsibility of the subdivider.

Section 7:

That Section 17.07(2) be amended to read as follows:

(2) Sidewalks. To provide access and circulation to community facilities, sidewalks shall be provided by the subdivider along streets and, where a block exceeds 1,000 feet in length, through the center of blocks. Center crosswalks shall no be less than ten feet wide.

Section 8:

That Section 17.08 be amended to read as follows-,

17.08 Improvements.

(1) In accordance with specifications approved by the Plan Commission, the subdivider shall provide the following for each lot:

(a) Adequate sewer and water facilities;

(b) Street base preparation;

(c) Paving;

(d) Curb and gutter;

(e) Surface water drainage facilities:

(f) Street lighting facilities; and

(g) Sidewalks.

(2) The installation of curb and gutter shall be waived where rural road sections have been approved by the Plan Commission. The Plan Commission may not waive the construction of sidewalks.

Section 9:

This ordinance shall take effect and be in force 2/1/99, but in no case less than 60 day following passage and following publication.