Village of Saukville, WI Streets and Sidewalks

No permit shall be issued under Subsection B until the permit applicant has posted or filed a right-of-way bond with the Village Clerk as provided herein.

Right-of-way bonds shall be required for all projects where the potential for damage to public improvements within the right-of-way, which would include, but not be limited to, sidewalks, curb and gutter, roadways, turf, trees, light poles and signs, is probable as a result of construction-related activities, except sheds, decks and other structures that pose no potential damage to the sidewalk, as determined by the Public Works Superintendent.

The right-of-way bond amount shall be established by resolution of the Village Board and included on the Village fee schedule.

Inspection of sidewalk repair and construction shall be performed by and release of all or a portion of the bond shall be determined by the Public Works Superintendent.

Specifications. All sidewalks within the Village shall be repaired, rebuilt or constructed in accordance with the specifications of the Public Works Superintendent.

§ 173-3 Occupancy of public rights-of-way.

[Amended 11-8-2000 by Ord. No. 558; 4-17-2001 by Ord. No. 565; 10-6-2009 by Ord. No. 702; 12-21-2010 by Ord. No. 713; 8-9-2014 by Ord. No. 750; 3-22-2016 by Ord. No. 763]

General provisions.

Purpose and findings.

In the exercise of governmental functions the Village has priority over all other uses of the public rights-of-way. The Village desires to anticipate and minimize the number of obstructions and excavations taking place and to regulate the placement of facilities in the rights-of-way to ensure that the rights-of-way remain available for public services and are safe for public use, and to ensure that facilities are timely maintained, supported, protected or relocated to accommodate reconstruction or repairs. The taxpayers of the Village bear the financial burden for the upkeep, maintenance and reconstruction of the rights-of-way and a primary cause for the early and excessive deterioration of its rights-of-way is the frequent excavation by persons who locate facilities therein.

The Village finds increased use of the public rights-of-way and increased costs to the taxpayers of the Village and that these costs are likely to continue into the foreseeable future.

The Village finds that delays by occupants of the rights-of-ways in maintaining, supporting, protecting or relocating facilities, if they impact public construction projects, have the potential to significantly increase public works project costs borne by the taxpayers. Moreover, the Village finds that some right-of-way occupants have a history of delays and nonresponsiveness.

The Village finds that occupancy and excavation of its rights-of-way causes costs to be borne by the Village and its taxpayers, including but not limited to:

Administrative costs associated with public right-of-way projects, such as registration, permitting, inspection and supervision, supplies and materials.

Management costs associated with ongoing management activities necessitated by public right-of-way users.

[3]

Repair or restoration costs to the roadway associated with the actual excavation into the public right-of-way.

[4]

Degradation costs defined as depreciation caused to the roadway in terms of decreased useful life due to excavations in the public right-of-way.

In response to the foregoing facts, the Village hereby adopts this section relating to administration of and permits to excavate, obstruct and/or occupy the public rights-of-way. This section imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein in the future. It is intended to complement the regulatory roles of state and federal agencies.

The purpose of this section is to provide the Village a framework within which to regulate and manage the public rights-of-way, and to provide for recovery of the costs incurred in doing so. This section provides for the health, safety and welfare of the residents of the Village as they use the rights-of-way of the Village, as well as to ensure the structural integrity of the public rights-of-way.

Definitions. The following definitions apply in this section. Defined terms remain defined terms whether or not capitalized.

APPLICANT

Any person requesting permission to excavate, obstruct and/or occupy a right-of-way.

DEGRADATION

The decrease in the useful life of the paved portion of the right-of-way, excluding the sidewalk right-of-way, caused by an excavation of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.

DEPARTMENT

The Village Department of Public Works.

EMERGENCY

A condition that:

Poses a clear and immediate danger to life or health, or of a significant loss of property; or

Requires immediate repair or replacement in order to restore service to a customer.

EXCAVATE

To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.

FACILITIES

All equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include, but is not limited to, poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiberoptic cables, lines and other structures and appurtenances.

When used in conjunction with "right-of-way," means over, above, within, on or under a right-of-way.

LOCAL REPRESENTATIVE

A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this section.

MUNICIPAL CODE

The Municipal Code of the Village of Saukville, as amended.

OBSTRUCT

To place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.

PERMITTEE

Any person to whom a permit to occupy, excavate or obstruct a right-of-way has been granted under this section or under the Municipal Code.

PERSON

Corporation, company, association, firm, partnership, limited-liability company, limited-liability partnership and individuals and their lessors, transferees and receivers.

PREQUALIFIED CONTRACTOR

A contractor approved by the Department on an annual basis to work in the right-of-way.

PUBLIC UTILITY

The meaning provided in § 196.01(5), Wis. Stats.

REGISTRANT

Any person who has registered with the Village to have its facilities located in any right-of-way.

REPAIR

To perform construction work necessary to make the right-of-way useable for travel according to Department specifications, or to restore equipment to an operable condition.

RESTORE

The process by which the excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed to Department specifications.

RIGHT-OF-WAY

The surface and space above and below an improved or unimproved public roadway, highway, street, bicycle lane and public sidewalk in which the Village has an interest, including other dedicated rights-of-way for travel purposes.

Administration. The Public Works Superintendent or his/her designee is responsible for administration of the rights-of-way under this section, and the permits and any other ordinances related thereto.

Registration for right-of-way occupancy.

Each person who has, or seeks to have facilities located in any right-of-way shall register with the Department and pay the fee set forth in Subsection D below. Registration will consist of providing application information and paying a registration fee. This section shall not apply to those persons who have facilities in the right-of-way pursuant to a franchise or other agreement.

No person may construct, install, maintain, repair, remove, relocate or perform any other work on, or use any equipment or any part thereof in any right-of-way unless that person is registered with the Department or is a prequalified contractor.

Nothing herein shall be construed to repeal or amend the provisions of any Village ordinance requiring persons to plant or maintain the parkway in the area of the right-of-way between their property and the street curb or pavement, construct sidewalks or driveways or other similar activities. Persons performing such activities shall not be required to obtain any permits under this section.

Registration information. The information provided to the Department at the time of registration shall include, but not be limited to:

Each registrant's name, Diggers Hotline registration certificate number, address and email address, if applicable, and telephone and facsimile numbers.

The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.

A certificate of insurance on a form prescribed by the Department.

If the registrant is a corporation, an LLC or LLP, a copy of any certificate required to be filed under Wisconsin Statutes as recorded and certified by the Secretary of State or Department of Financial Institutions.

A copy of the registrant's certificate of authority from the Wisconsin Public Service Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from the Commission or other state or federal agency.

(6)

Execution of an indemnification agreement in a form prescribed by the Department.

(7)

The registrant shall keep all of the information listed above current at all times by providing to the Department information as to changes within 15 working days following the date on which the registrant has knowledge of any change.

Registration fee. The Department shall charge an annual registration fee in an amount of $65 to recover the costs incurred by the Village for processing and updating registration information.

Reporting obligations. It is in the best interests of all affected parties to attempt to coordinate construction in the public right-of-way whenever it is reasonably possible. Therefore, periodic reporting by the registrant of known construction plans will be useful to achieve this objective.

Every registrant shall, at the time of registration and no later than January 1 of each year, file a construction and major maintenance plan with the Department. The Department shall make available at the time of registration, and on January 15 of each year, the Department's construction and major maintenance plan. The registrant's plan and the Department's plan shall be submitted on a form prescribed by the Department and shall contain the information determined by the Department to be necessary to facilitate the coordination and reduction in the frequency of excavations of rights-of-way. The plan shall include, but shall not be limited to, the following information:

The locations and the estimated beginning and ending dates of all projects planned to be commenced during the next calendar year; and

The tentative locations and estimated beginning and ending dates for all projects contemplated for the two years following the next calendar year.

By February 1 of each year, the Department will have available for inspection in its office a composite list of all projects of which the Department has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list.

Thereafter, by February 15 of each year, each registrant may change any project in its list and must notify the Department of all such changes in its list. The Department will make all such changes available for inspection in its office. Notwithstanding the foregoing, a registrant may at any time join in a project of another registrant listed by the other registrant or undertake any maintenance project not listed in registrant's plan.

Permit to install, excavate or otherwise occupy right-of-way required.

[Amended 12-2-2016 by Ord. No. 772]

Permit required. Except as otherwise provided in this section or the Municipal Code, no person shall install facilities, excavate or otherwise occupy any right-of-way without first having obtained a permit for same from the Department. A copy of any permit issued under this section shall be made available at all times by the permittee at the indicated work site and shall be available for inspection by the Department upon request.

Permit application. Application for a permit shall be made to the Department on a form provided by the Village. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of, the following provisions:

Registration and qualification as a registrant with the Department if required by this section.

Submission of a completed permit application form, including all required attachments. The application shall have three sets of plans attached. The plans shall clearly describe the work to be done and shall include scaled drawings showing any proposed poles and all proposed equipment to be placed on a pole, the location and area of the proposed project and the location of all existing and proposed facilities that are part of applicant's proposed project, identify all private and public utilities, structures, and street improvements within the right-of-way area of the work covered under the permit. The plans shall include right-of-way limits, pavement, curb, gutter, sanitary sewer, storm sewer, water main, service laterals, natural gas, electric and communication lines, and utility and light poles. The plans shall provide the frequencies at which any equipment will be operating.

Submission of an interference study certified by a qualified engineer that the operation of the proposed project will not interfere with the radio transmission equipment of other right-of-way users, the Village or other governmental agencies, or nearby property owners.

Submission of evidence that the permittee has contacted nearby property owners to determine whether the proposed project will interfere with the owners' use of their property and whether such interference issues have been resolved to the satisfaction of the property owners.

Payment of all money due to the Village for all of the following:

Applicable permit fees and costs as set forth below,

Subject to Subsection F(2)(f), unpaid fees or costs due for prior excavations;

[3]

Subject to Subsection F(2)(f), any loss, damage, or expense suffered by the Village because of applicant's prior excavations or occupancy of the rights-of-way or any emergency actions taken by the Village.

The Department shall not deny an applicant a permit because of a dispute between the Village and the applicant related to Subsection F(2)(e)[2] or [3] if:

The dispute has been adjudicated in favor of the applicant;

The dispute is the subject of any appeal filed by the applicant and no decision in the matter has as yet been rendered.

Permit expiration. Once issued, a permit shall be valid for a period of 60 days from the date of issuance. If the work has not commenced with 60 days of permit issuance, the permit shall be null and void, all permit fees shall be forfeited, and a new permit application and fee must be submitted.

Bond. Before a permit may be issued, the applicant shall furnish the Village with an indemnity bond, approved by the Public Works Superintendent, in the sum of $5,000 or such greater amount as specified by the Public Works Superintendent, conditioned that the applicant will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by the work covered by the permit, and conditioned that the applicant will comply with the repair and restoration provisions of Subsection I.

Insurance. Prior to commencement of the work, a permittee shall furnish the Village with satisfactory written evidence that the permittee has in force, and will maintain during the life of the project, public liability insurance of not less than $100,000 for one person, $300,000 for one accident, and property damage insurance of not less than $50,000.

Permit fee. The permit fee shall be established by the Department in an amount sufficient to recover the costs incurred by the Village. This fee shall recover administrative and inspection costs, as well as degradation costs. Payment of permit fees shall be collected prior to issuance of the permit. However, the Public Works Superintendent may, with the advice and consent of the Village Administrator, establish a fee collection process from governmental agencies and private utilities in order to expedite the permitting system and recognize that certain installations, excavations or occupancies are deemed emergencies.

[Amended 12-2-2016 by Ord. No. 772]

Waiving of fees. Fees shall not be waived unless the work involved is a direct result of the Public Works Superintendent's demand that facilities owned by a utility be removed or relocated or unless waived by the Public Works Committee upon review of the Public Works Superintendent's decision.

Fees.

The fee for a permit shall be based on three items: a base fee; a fee for removal of concrete or asphalt paving, curbing or sidewalk; and a fee per horizontal or vertical lineal foot of boring, driving or trenching. Fees shall be reviewed annually by the Public Works Committee and recommendation for modification made to the Village Board for adoption by resolution. Fee amounts shall be based on reasonable assessments of the administrative and field personnel time, materials and equipment in order to review and process the permit and to inspect the work. If a permit expires before the work is started, all fees shall be forfeited. The fee for a permit issued after commencing work, except in cases of emergency as determined by the Public Works Superintendent, shall be double the fees set forth herein. This permit fee shall be in addition to any forfeiture provided elsewhere in the Municipal Code.

For those permit applications which provide for a substantial undertaking of excavation or other work within the public right-of-way attended by disruption of the general public and traffic, the Public Works Superintendent is authorized to assess the actual cost of the Village employee's time engaged in the review and inspection of the anticipated work, multiplied by a factor determined by the respective department to represent the Village's cost for statutory expense, benefits, insurance, sick leave, holidays, vacation and similar benefits, overhead and supervision, said factor not to exceed 2.0, plus the cost of mileage reimbursed to Village employees which is attributed to the work, plus all consultant fees associated with the work at the invoiced amount plus 10% for administration.

Exemption. The Village and its contractors shall not pay degradation fees for excavations due to general government functions.

Nonrefundable fees. Permit fees paid for a permit that the Department has revoked are not refundable.

Excavation regulations.

Frozen ground. No excavation in public right-of-way shall be permitted when the ground is frozen, except where specifically approved by the Public Works Superintendent.

Protection of public. The permittee shall enclose with sufficient barriers each excavation made in the public right-of-way. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Amber lights or flashers shall be kept lighted from sunset to sunrise, one amber light or flasher to be placed at each end of the excavation in the right-of-way and other lights sufficient in number and placement to give adequate warning. Except by special permission of the Public Works Superintendent, no trench shall be excavated more than 250 feet in advance of pipe laying or left unfilled more than 500 feet where pipe has been laid. The permittee shall take all necessary precautions to guard the public effectually from accidents or damage to person or property through the period of work. The permittee and its agents and employees shall be held liable for all damages, including costs incurred by the Village in defending any action brought against it for damages that may result from the neglect of the permittee or its agents or employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Excavation in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving commences. Immediately after such determination by the Village Board, the Public Works Superintendent shall notify in writing each person, entity, utility, Village department, or other agency owner or controlling any sewer, water main, conduit, or other utility in or under the street or any real property abutting the street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving has been completed, no permit shall be issued to open, cut or excavate the street for a period of five years after the date of completion of the improvement or repaving, unless in the opinion of the Public Works Superintendent an emergency exists which makes it essential that the permit be issued.

Right-of-way repair and restoration.

The permittee shall be required to repair the public right-of-way to Department specifications, subject to inspection and acceptance by the Department, and to pay a degradation fee, as per Subsection I(4). In addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department. The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department.

Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion. During this period it shall, upon notification from the Department, correct all work to the extent necessary, using the method required by the Department. The work shall be completed within 10 calendar days of the receipt of the notice from the Department, not including days during which work cannot be done due to circumstances constituting force majeure.

Failure to repair or restore. If the permittee fails to repair or restore the right-of-way in the manner and to the condition required by the Department, or fails to satisfactorily and timely complete all work required by the Department, the Department at its option may do such work. In that event the permittee shall pay to the Village, within 30 days of billing, the cost of repairing or restoring the right-of-way.

Degradation. The general formula for computing the degradation fee shall be the cost per square yard for street, overlay and seal coat multiplied by the appropriate depreciation rate for that street multiplied by the area of the patch. The area of the patch shall be calculated by adding one foot to each side of the actual street cut.

Inspection.

Notice of completion. When the work under any permit hereunder is begun and completed, the permittee shall notify the Department.

Site inspection. Permittee shall make the work site available to the Department and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.

Authority of Department. At the time of inspection the Village may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The Village may issue an order to the registrant or permittee for any work that does not conform to applicable Village standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant or permittee shall present proof to the Department that the violation has been corrected. If such proof is not presented within the required time, the Department may revoke the permit pursuant to Subsection M.

Ongoing management fees. The cost of trimming trees around facilities is an ongoing expense to the Village. Such costs will be determined and a fee to offset costs may be assessed in the future.

Compliance with other laws. Obtaining a permit to excavate and/or occupy the right-of-way does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other Village, county, state, or federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work.

Revocations, suspensions, refusals to issue or extend permits.

[Amended 12-2-2016 by Ord. No. 772]

The Department may refuse to issue a permit or may revoke, suspend or refuse to extend an existing permit if it finds any of the following grounds:

The applicant or permittee is required to be registered and has not done so.

Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival or other event.

Misrepresentation of any fact by the applicant or permittee.

Failure of the applicant or permittee to maintain required bonds and/or insurance.

Failure of the applicant or permittee to complete work in a timely manner.

The proposed activity is contrary to the public health, safety or welfare.

(g)

The extent to which right-of-way space where the permit is sought is available.

(h)

The competing demands for the particular space in the right-of-way.

(i)

The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permittee or applicant.

(j)

The applicability of Village ordinances, or other regulations of the right-of-way, that affect the location, type, height, size and/or use of facilities in the right-of-way.

(k)

The proposed activity requires aboveground structures causing safety issues including, but not limited to, sight line safety, vision triangles, breakaway structures, public plowing and snow storage, obstruction to police, fire and rescue services, and related issues with the use of the right-of-way.

Discretionary issuance. The Department may issue a permit where issuance is necessary: a) to prevent substantial economic hardship to a customer of the permittee or applicant; or b) to allow such customer to materially improve its utility service; or c) to allow the permittee or applicant to comply with state or federal law or Village ordinances or an order of a court or administrative agency.

Appeals. Any person aggrieved by a decision of the Department revoking, suspending, refusing to issue or refusing to extend a permit may file a request for review with the Village Public Works Committee. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Public Works Committee may affirm, reverse or modify the decision of the Department.

Work done without a permit.

Emergency situations. Each registrant shall immediately notify the Village by verbal notice on an emergency phone number provided by the Village of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and otherwise fully comply with the requirements of this section. If the Village becomes aware of any emergency regarding a registrant's facilities, the Department may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The Village may take such action it deems necessary to protect public safety as a result of the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency.

Nonemergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, excavates a right-of-way must subsequently obtain a permit, and shall, in addition to any penalties prescribed by the Municipal Code, pay double the normal fee for the permit, pay double all the other fees required by this section or other provisions of the Municipal Code, deposit with the Department the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this section.

Location of facilities.

[Amended 12-2-2016 by Ord. No. 772]

Undergrounding. Unless in conflict with state or federal law, except when existing aboveground facilities are used, the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. The permittee may not install poles or towers in right-of-way areas where there are no existing utility poles.

Limitation of space. The Department may prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests of persons to occupy and use the right-of-way. In making such determination, the Department shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but may prohibit or limit the placement of new or additional facilities when required to protect public health, safety or welfare.

Attachment to bridges. Whenever an applicant or permittee under this section requests permission to attach pipes, conduits, cables or wires to any Village bridge structure, the applicant shall pay a fee of $1,000 upon the granting of such permission to defray administrative expense in the analysis and inspection of such installation. The owner of such pipes, conduits, cables or wires shall be entitled to no compensation for removal or relocation of the same in the case of repair, removal, or replacement of said bridge structure by the Village.

Alternative sites. The permittee shall demonstrate to the Department's satisfaction that the permittee is: a) prohibited from using an existing pole or structure (either owned by permittee or a third party) because such use is technically infeasible, economically prohibitive, or prohibited by law; or b) from using a site located outside local right-of-way because such use is technically infeasible, economically prohibitive, or prohibited by law.

Height. If the proposed project involves installation of a pole that is greater than 75 feet in height, the permittee must demonstrate to the Department's satisfaction that: (a) the greater height is required to accomplish the permittee's purpose; and b) the permittee is prohibited from using existing poles or towers (either owned by permittee or a third party) to accomplish its purposes because such use is technically infeasible, economically prohibitive, or prohibited by law.

Relocation and protection of facilities. A registrant shall 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 to allow for public work in the right-of-way. The Village, or its agent, shall issue a due date for the work to the local representative of not less than 72 hours, which due date shall be reasonable and based upon the actions to be undertaken by the registrant. If requested, the registrant shall restore the right-of-way following the completion of the work. If a registrant fails to perform the action by the due date, the registrant shall be subject to forfeitures as provided in § 1-19 of the Municipal Code. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from a right-of-way which has been vacated in favor of a nongovernmental entity unless the reasonable costs thereof are first paid to the person therefor.

Village's right to self-help. In the event that a registrant does not proceed to maintain, support, protect or relocate its facilities as ordered in Subsection P, the Village may arrange to do the work and bill the registrant. The bill shall be paid within 30 days of the date mailing to the registrant.

Abandoned facilities.

Discontinued operations. A registrant who has determined to discontinue its operations in the Village must either:

Provide information satisfactory to the Department that the registrant's obligations for its facilities under this section have been lawfully assumed by another registrant; or

Submit to the Department a proposal and instruments for dedication of its facilities to the Village. If a registrant proceeds under this clause, the Village may, at its option:

Accept the dedication for all or a portion of the facilities;

Require the registrant, at its own expense, to remove the facilities in the right-of-way at ground or above ground level; or

[3]

Require the registrant to post a bond or provide payment sufficient to reimburse the Village for reasonably anticipated costs to be incurred in removing the facilities.

However, any registrant who has unusable and abandoned facilities in any right-of-way shall remove them from that right-of-way within two years, unless the Department waives this requirement.

Abandoned facilities. Facilities of a registrant who fails to comply with Subsection R(1) and which, for two years, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a public nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option: i) abate the nuisance; ii) take possession of the facilities; or iii) require removal of the facilities by the registrant, or the registrant's successor in interest.

Public utilities. This subsection shall not apply to a public utility, as defined in § 196.01(5), Wis. Stats., that is required to comply with § 196.81, Wis. Stats.

Reservation of regulatory and police powers. The Village, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way, or by registering a person under this section, does not surrender, in any manner or to any extent lose, waive, impair or lessen the lawful powers and rights which it now has or which may be hereafter granted to the Village under the Constitution and statutes of the State of Wisconsin to regulate the use of the right-of-way by the permittee; and the permittee, by its acceptance of a permit to excavate, obstruct and/or occupy the right-of-way or of registration under this section, agrees that all lawful powers and rights, regulatory powers, or otherwise as are or the same may be from time to time vested in or reserved to the Village, shall be in full force and effect, and permittee is subject to the regulatory and police powers of the Village to adopt and enforce general ordinances and resolutions necessary to the health, safety and welfare of the public, and is deemed to agree to comply with all applicable general ordinances and resolutions enacted by the Village pursuant to such powers.

§ 173-4 Obstructions and encroachments; moving buildings.

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.

Exceptions. The prohibition of Subsection A shall not apply to the following:

Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

Public utility encroachments authorized by state law or the Village Board.

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided that such goods, wares, etc., do not remain thereon for a period of more than two hours.

Temporary encroachments or obstructions authorized by permit under Subsection C.

(6)

Excavations and openings permitted under § 173-3.

Street privilege permit.

When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Public Works Superintendent for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by the Building Code.[1] The applicant shall provide all necessary equipment to be placed in accordance with the Public Works Superintendent.

[Amended 8-9-2014 by Ord. No. 750]

Editor's Note: See Ch. 72, Building Construction.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Treasurer a bond in an amount determined by the Public Works Superintendent conditioned that the applicant will indemnify and save harmless the Village from all liability for accidents or damage caused by reason of operations under the permit and will remove such encumbrances upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations.

[Amended 4-17-2001 by Ord. No. 565; 8-9-2014 by Ord. No. 750]

Fee. The fee for a street privilege permit shall be as set by resolution of the Village Board.

[Amended 6-24-2014 by Ord. No. 748]

Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Public Works Superintendent for violation thereof:

[Amended 8-9-2014 by Ord. No. 750]

Such temporary obstruction shall cover not more than 1/3 of any street or alley.

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.

The process of moving any building or structure shall be continuous as practicable until completed and, if ordered by the Public Works Superintendent, shall continue during all hours of the day and night.

No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

Buildings shall be moved only in accordance with the route prescribed by the Public Works Superintendent.

(g)

Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.