A.
The Village 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 decisions, the Village will strive to
the extent possible to accommodate all existing and potential uses
of the right-of-way.
B.
Any occupation and location of any facilities in the right-of-way
shall be in compliance with the following standards in order to promote
the health, safety, and welfare of the public.
(1)
No structures more than one foot in diameter at a point higher than
two feet above grade may be located within 30 feet of any intersection
of two or more public streets, alleys, or bike paths.
(2)
No aboveground structures shall be located within two feet of any
curb, gutter, or sidewalk.
(3)
No aboveground structures shall be placed in any drainageway or gutter
that will impede the flow of any stormwater or may collect debris
that will impede the flow of any stormwater.
(4)
No aboveground structure shall be located within 15 feet of any fire
hydrant.
(6)
No structures shall interfere with the Village's planned expansion
and installation of future sidewalks.
(7)
Structures and facilities shall be placed on lot lines perpendicular
to the street when feasible, unless the lot frontage at the location
is greater than 80 feet.
When the Village performs work in the right-of-way and finds
it necessary to maintain, support, shore, or move a registrant's
facilities, the Village shall notify the local representative. The
registrant shall meet with the Village's representative within
24 hours and coordinate the protection, maintenance, supporting, and/or
shoring of the registrant's facilities. The registrant shall
accomplish the needed work within 72 hours, unless the Village agrees
to a longer period. If the registrant fails to meet with the Village's
representative or fails to accomplish the needed work within the time
prescribed, the Village may decide upon the work to be performed and
arrange to perform the work, and shall invoice the costs thereof to
the registrant, which shall be paid within 30 days. The Village shall
not be responsible for any costs, damages, or liabilities that may
result from the failure of the registrant to comply with the requirements
of this section.
A.
Except as prohibited by state or federal law, upon request by the
Village for adequate health, safety, and public welfare reasons, a
registrant must promptly, with due regard for seasonal working conditions,
and at its own expense, permanently remove and relocate its facilities
in the right-of-way and shall restore the right-of-way to the same
condition it was in prior to said removal or relocation.
B.
A person shall not be required to remove or relocate its facilities
from any right-of-way which has been vacated in favor of a nongovernmental
entity unless and until the reasonable costs of the removal, relocation,
and restoration are paid to the person.
A.
A registrant who has determined to discontinue its operations in
the Village must either:
(1)
Provide information satisfactory to the Village that the registrant's
obligations for its facilities under this article have been lawfully
assumed by another registrant; or
(2)
Submit to the Public Works and Utility Director a proposal and instruments
for dedication of its facilities to the Village. If a registrant proceeds
under this section, the Village may, at its option:
(a)
Accept the dedication for all or a portion of the facilities;
(b)
Require the registrant, at its own expense, to remove the facilities
in the right-of-way at ground or above ground level; or
(c)
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.
B.
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 Village waives this requirement.
A.
Facilities of a registrant who fails to comply with this chapter,
and which, for two years, remain unused shall be deemed to be abandoned.
Abandoned facilities are deemed to be a nuisance. In addition to any
remedies or rights it has at law or in equity, the Village may, at
its option:
B.
This section shall not apply to a public utility that is required
to follow the provisions of § 196.81, Wis. Stats.
