[1][HISTORY: Adopted by the Village Board of the Village of
Rothschild 11-11-2019. Amendments noted where applicable.]
A.
Pursuant to its authority under Wis. Stat. §§ 66.0425,
86.07, 86.16, 182.017, and 196.58, the Village hereby enacts this
Chapter for reasonable regulations on the placement and maintenance
of facilities currently within its rights-of-way or to be placed therein
in the future.
B.
FACILITIES
OWNER
RIGHT-OF-WAY
VILLAGE
The following definitions are applicable within this Chapter:
All equipment owned, operated, leased, or subleased in connection
with the operation of a service or utility service, including but
not limited to: poles, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, lines, and other structures and appurtenances.
Any person either requesting permission to excavate, obstruct
and/or occupy a right-of-way for the purpose of the installation,
replacement, maintenance, or removal of facilities and/or any person
who currently occupies and/or obstructs a right-of-way for the purpose
of possessing facilities.
The surface and space above and below the entire width of
an improved or unimproved public roadway, highway, street, bicycle
lane, terrace, shoulders, side slopes, and public sidewalk in which
the Village has an interest.
The Village of Rothschild, Marathon County, Wisconsin.
C.
Location of facilities.
(1)
A Village permit is required prior to the placement of facilities
within rights-of-way.
(a)
The Village Board shall set forth a permit fee in the Village
fee schedule.
(b)
Owners shall apply for permits using forms for that purpose
made available by the Village.
(c)
A permit may cover any aspect of a facility, including but not
limited to: installation, maintenance, construction site cleanup,
and right-of-way restoration.
(d)
The Village may require an owner to provide additional information
as the Village deems necessary, in its sole discretion, to make a
determination on an owner's permit.
(e)
In consideration of the grant of such a permit, the owner, upon
acceptance thereof, agrees to indemnify, save, and hold harmless the
Village, its successors and assigns, officers, employees, agents,
and invitees, from any and all claims, liabilities, losses, costs,
damages, or expenses arising due to the presence of the owner's
facilities within the rights-of-way.
(2)
Limitation of space. The Village may prohibit or limit the placement
of new, replacement, or additional facilities within the rights-of-way.
In making such decisions, the Village shall be guided primarily by
considerations of the public interest, including but not limited to
the following: the public need for a particular utility service; the
condition of the right-of-way; the time of year with respect to essential
utilities; the protection of existing facilities in the right-of-way;
and current or future Village plans for public improvements and development
projects.
(3)
Attachment to bridges. For any request to attach facilities to any
Village bridge structure, the owner shall provide a structural analysis
prepared by a licensed State of Wisconsin professional engineer. The
owner of such facilities shall not be entitled to compensation for
the removal or relocation of the facilities in the case of repair,
removal, or replacement of said bridge structure by the Village.
(4)
Corridors. The Village may assign specific corridors within the right-of-way,
or any particular segment thereof, for each type of facility that
is, or that the Village anticipates may be, located within a right-of-way.
All excavation, obstruction, or other permits issued by the Village
involving the installation or replacement of facilities may designate
a particular corridor for the facilities.
(5)
Facilities already in the right-of-way in a position at variance with a corridor later established by the Village shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, relocate the facilities pursuant to Village Code § 184-1D below.
(6)
Digger's Hotline compliance. All owners and other users of Village
rights-of-way shall comply with the Digger's Hotline requirements
set forth in Wis. Stat. § 182.0175, as applicable.
(7)
Planning. The Village may seek information on existing facility locations
for planning purposes. It shall be the obligation of owners to locate
facilities. Facility locations shall be represented in the field during
field surveys and/or by providing maps within the planning areas to
the satisfaction of the Village.
(8)
Noncompliance with locating requirements. No owner shall fail to
locate facilities as required under Wis. Stat. § 182.0175(2m).
Additionally, any owner who fails to accurately locate facilities
shall be responsible for all resulting Village costs due to delays
caused to Village projects. Repeated failure to locate facilities
may result in termination of the privilege to locate facilities within
the rights-of-way, and/or for a requirement that a sufficient security,
such as a bond, letter of credit, or cash, be provided to the Village
in the sole discretion of the Village. "Repeated failure to locate
facilities" shall be defined as an owner failing to locate facilities
within 10 days from a Village request to locate facilities more than
once within 12 months or more than twice within 24 months.
D.
Relocation and protection of facilities.
(1)
Requirement. An owner must, promptly and at its own expense, maintain,
support, protect, or relocate its facilities in the right-of-way whenever
the Village, or its agent, acting in its governmental capacity, requests
such action in the interest of health, safety, or public welfare.
(2)
Order. The Village, or its agent, shall issue a due date for the
work to the owner of not less than 72 hours, which due date shall
be reasonable and based upon the actions to be undertaken by the owner.
If so stated in the order, the owner shall restore the right-of-way
following the completion of the work.
(3)
Village's right to self-help. In the event that an owner does
not proceed to maintain, support, protect, or relocate its facilities
as ordered by the Village, the Village may arrange to do the same
and to bill the resulting costs to the owner, said bill to be paid
within 30 days.
(4)
Additional cost recovery. The Village may bill the owner for any
additional costs incurred as a result of the failure of the owner
to accomplish the ordered work within the time specified in the order.
E.
Facility abandonment.
(1)
Discontinued operations. An owner that has discontinued or plans
to discontinue its operations in the Village, either in full or in
part, must do one of the following:
(a)
Provide information satisfactory to the Village that the owner's
obligations for its facilities under this Chapter have been lawfully
assumed by another owner.
(b)
Submit to the Village a proposal and instruments for dedication
of its facilities to the Village. If an owner proceeds under this
clause, the Village may, at its option:
[1]
Accept the dedication for all or a portion of the facilities;
[2]
Require the owner, at its own expense, to remove the facilities
in the right-of-way; or
[3]
Require the owner to provide the Village sufficient security,
such as a bond, letter of credit, or cash, to reimburse the Village
for reasonably anticipated costs to be incurred in removing the facilities.
(c)
Remove its facilities within two years, unless the Village waives
this requirement or provides a different deadline.
(2)
Abandoned facilities. Facilities of an owner that fail to comply
with this Chapter or facilities that are not claimed by any owner
and which remain either unclaimed or unused for at least one year,
shall be deemed to be abandoned. Abandoned facilities are hereby declared
to be a nuisance. In addition to any other remedies or rights available
to the Village, the Village may, at its option, do any of the following:
F.
General owner obligations.
