[HISTORY: Adopted by the Common Council of the City of Watertown
as §§ 8.001 to 8.15, 8.17 and 8.18 of the former City
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverage licensing and sales — See Ch. 220.
Construction codes — See Ch. 253.
Plumbing: street and sidewalk openings — See § 419-10.
Public events — See Ch. 428.
Solid waste — See Ch. 446.
Transient merchants — See Ch. 480.
Subdivision of land — See Ch. 545.
Zoning — See Ch. 550.
[Added by Ord. No. 90-57]
It is in the interest of the City to provide for and regulate
the size, number, placement and safe construction of any obstructions
or encroachments in the public right-of-way, such as streets, alleys
or sidewalks, within the City so as to ensure that obstructions and
encroachments do not constitute a traffic hazard or distraction to
the traveling public and to eliminate potential nuisances and health
or safety hazards.
A.Â
Establishment. The grade of all streets, alleys and sidewalks shall
be established by the Common Council and shall be recorded by the
City Clerk in his office. No permanent street, alley or sidewalk shall
be worked until the grade thereof is established. The grades of all
streets having curb and gutter on the effective date of this chapter
are established at the level then existing.
[Amended 7-5-2022 by Ord. No. 22-63]
B.Â
Altering grade prohibited. No person shall alter the grade of any
street, alley, sidewalk or public ground or any part thereof unless
authorized or instructed to do so by the Common Council.
[Amended by Ord. No. 70-45; Ord. No. 98-5; Ord. No. 09-15; Ord. No. 13-37]
A.Â
The abutting property owner shall repair and perpetually maintain
the sidewalks which are adjacent to the property along any street
in the City.
B.Â
Portland cement sidewalks of City specifications shall be required.
C.Â
The Common Council will, by resolution, determine the priority of
establishing sidewalk improvement districts, based upon the dictates
of public health and safety, with special emphasis upon those areas
surrounding schools and playgrounds, in accordance with the policies
and programs specified in the City of Watertown Comprehensive Plan.
D.Â
For those areas of the City that have been platted or subdivided after February 20, 1998, the installation and maintenance of new sidewalks shall be governed by the provisions of § 545-28 of this Code.
E.Â
Notice and public hearing. Prior to sidewalk installation as set forth in Subsection C herein, the Council shall give written notice to the property owners of its intention to install and assess the installation cost of a sidewalk adjacent to their property. Thereafter, within one month of such written notice, the Common Council shall conduct a public hearing to permit the property owner to appear before the Council to indicate if the property owner is in favor of or opposed to the construction of such sidewalk.
F.Â
Sidewalk repair. Sidewalk repair shall be according to § 66.0907(3),
Wis. Stats.
G.Â
Installation by City of decorative sidewalk in Central Business District.
The City elects, pursuant to § 62.15(1), Wis. Stats., to
construct and replace the decorative brick between the curb and sidewalk
and install colored stamped concrete on the north and south sides
of Main Street between College Avenue on the east and Church Street
on the west. All of this work shall be performed directly by the City
without submitting or letting the work for public bids.
[Amended by Ord. No. 93-56]
A.Â
Permit required. No person shall construct, lay or rebuild any sidewalk
or curb and gutter on any public street or alley within the City without
first having obtained a permit from the Public Works Director/City
Engineer. The permit shall be valid for a period of 12 months from
the date of issuance for any work that the contractor may do within
the City of Watertown.
[Amended 7-5-2022 by Ord. No. 22-63]
B.Â
Rules and regulations. The Public Works Director/City Engineer may
make such rules and regulations as he may deem necessary for the constructing,
laying or rebuilding of sidewalks and curb and gutter within the City
and may prescribe standard specifications for the construction of
such items.
[Amended 7-5-2022 by Ord. No. 22-63]
C.Â
Curb and gutter driveway openings. No person shall make or cause
to be made any curb and gutter openings (including sawing) within
the City without first obtaining a permit from the Public Works Director/City
Engineer. All openings shall be reported to the Street Superintendent,
who shall saw the appropriate curb opening width. A fee as set by
the Common Council and provided under separate fee schedule shall
be paid to the City by the person applying for the permit at the time
of application. A fee as set by the Common Council and provided under
separate fee schedule shall be paid for sawing a sump pump hose connection
to the curb and gutter.
[Amended by Ord. No. 97-14; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
D.Â
Concrete sidewalks. Concrete sidewalks are the only type of sidewalks
that may be constructed within the City of Watertown.
E.Â
Defective workmanship. If a permittee shall fail to perform said
work or to furnish material and workmanship of such quality as to
conform to the requirements established by the Public Works Director/City
Engineer, the permittee shall, during such period of one year after
the completion of the initial work, make at his own expense such repairs
and remove any damaged or defective parts of the sidewalk or curb
and gutter and repair the same with new parts as may be required by
and deemed necessary by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
F.Â
Exceptions. This section shall not apply to work done by the City
or under contract with the City.
[Amended by Ord. No. 90-33; 7-5-2022 by Ord. No. 22-63]
A.Â
Before construction of any new street where sewer and water mains are installed and where the land abutting the street is subdivided into lots or before construction of a semipermanent street, the Public Works Director/City Engineer shall order the construction of curb and gutter and the installation of water, sewer and gas services to within seven feet of the property line of each lot which is classified as a buildable lot under Chapter 550, Zoning.
B.Â
In the event the owner of any such lot fails to comply with the order
within 10 days of written notice thereof, the Public Works Director/City
Engineer shall cause the same to be installed and the cost thereof
reported to the City Treasurer as a special charge against the property.
The special charge may be paid in cash within 60 days after receipt
of the final bill; thereafter interest at the rate of 12% per annum
shall be charged until the assessment is paid, or the assessment may
be paid in five equal annual installments with interest at 12% per
year on the tax roll. If a property owner elects to pay the assessment
in five equal annual installments, and if the property should be sold
or ownership transferred within said five-year period, then the entire
remaining balance shall be due and payable immediately upon sale or
transfer of ownership.
[Amended 9-3-2019 by Ord. No. 19-16]
A.Â
Permit required. No person shall make or cause to be made any excavation
or opening in any street, alley, sidewalk or other public way within
the City without first obtaining a permit from the Street Superintendent.
All openings to be made in improved streets shall be reported to the
Street Superintendent before work is begun. A duplicate copy of the
permit shall be deposited with the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
B.Â
Liability insurance required.
[Amended 7-5-2022 by Ord. No. 22-63]
(1)Â
No street opening permit shall be issued hereunder until the applicant
files with the Street Superintendent public liability insurance written
by a company licensed to do business in the State of Wisconsin, for
the principal sum of not less than $1,000,000 bodily injury per occurrence
and $500,000 property damage per occurrence, such policy to be written
according to a standard form now in general use. A duplicate of such
policy shall be deposited with the Public Works Director/City Engineer.
Aggregate coverage for bodily injury and property damage may be in
any amount in excess of the per-occurrence amounts set forth hereinabove.
Such policy shall have an endorsement protecting the City as its interests
may appear as the result of any accident or injury for which the City
may otherwise become liable.
(2)Â
Exception. No insurance required in Subsection B(1) need be filed by a public utility, but each such utility shall file with the City Clerk an agreement to indemnify the City for any liability or expense the City may become subject to or may incur by reason of issuance of a permit hereunder or the work performed pursuant to such permit.
C.Â
Excavated material.
(1)Â
When opening any street surface or other public way, all material
for paving or ballasting must be removed with the least possible loss
of surfacing material. When the side of a trench will not stand perpendicular,
sheeting and braces shall be used to prevent caving. When caving occurs,
all the street surface thus disturbed must be restored in the same
manner as though it were an excavated trench. All trenches or ditches
shall be constructed under the regulations on tunnel, caisson or trench
construction issued by the State Department of Safety and Professional
Services.
(2)Â
Paving or ballasting material together with the excavated material
from the trenches, or otherwise, must be placed where it will cause
the least inconvenience to the public, and all such material must
be so placed that it will admit free passage of stormwater or other
water along the curb. As little as possible of the trench must be
dug until the slant or junction place in the main sewer is found.
D.Â
Backfilling.
(1)Â
All trenches made in any street shall be backfilled with sand or
gravel and the old excavated material carried away and disposed of.
The material moved in excavating for the trenches may be used to backfill
the same if it is a granular material and approval to do so is obtained
from the Street Superintendent.
(2)Â
The plumber, drain layer or contractor shall exercise every possible
precaution to compact all backfill in such a manner as prescribed
by the Street Superintendent or his agent so the surface of the ditch
or trench after backfilling will not settle in excess of three inches
within six months after backfilling. The plumber, drain layer or contractor
who did the backfilling shall be liable to the City for any and all
costs incurred in restoring the ditch or trench surface to proper
grade.
(3)Â
If any damage to person or property results within six months from
the completion of the backfilling of the ditch or trench by reason
of the sinking of the ditch or trench because of improper backfilling
thereof by the plumber, drain layer or contractor, and the City is
held liable therefor, the City shall be indemnified therefor on the
bond of the plumber, drain layer or contractor backfilling the ditch
or trench causing the damage.
E.Â
Protection of public. Every person causing an opening to be made
hereunder shall enclose each opening with sufficient barriers. Warning
lights must be kept burning from sunset to sunrise, one light to be
placed at intervals of 10 feet. All necessary precautions shall be
taken to guard the public effectively from accidents or damage during
the work. The person doing the work will be held liable for all damages,
including the costs incurred by the City in defending any action brought
against it for damages and the costs of an appeal that may result
from injury or damage to persons, vehicles or property of any kind.
F.Â
Relaying of pavement.
(1)Â
The relaying of street surface following opening hereunder shall
be done by the Street Department or by a contractor under the supervision
and control of the Street Superintendent and shall be paid for by
the applicant at the time the permit is issued at the rates established
by Common Council.
(2)Â
The Wisconsin Electric Power Company, Wisconsin Bell, Wisconsin Natural
Gas Company, and television cable company may elect to relay the street
surfaces of openings for which they have permits at their expense,
but subject to the approval of the Public Works Director/City Engineer.
The pavement will be replaced as originally constructed or as specified
by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
(3)Â
If pavement cut is made other than an emergency cut within 12 months
of a new pavement being laid, the penalty will be three times the
above charge. If the pavement is cut from 12 to 36 months following
a new pavement, the penalty will be two times the above charge.
(4)Â
Utility companies will not be allowed to relay street surfaces of
openings except for emergencies for which they have permits within
the first 36 months following a new pavement and will be subject to
the above penalties.
[Amended by Ord. No. 90-58]
A.Â
Obstructions and encroachments.
(1)Â
Obstructions and encroachments prohibited. No persons 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 encroachments or encumbrances to be placed or remain in any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.Â
Exceptions. Subsection A shall not apply to the following:
(2)Â
Vending machine placement shall specifically be allowed in public
parks and on City-owned property upon the approval of the City of
Watertown Park, Recreation and Forestry Commission and said vending
machine accruing to the benefit of the City of Watertown.
(3)Â
Public utility encroachments duly authorized by state law or the
Watertown Common Council.
(4)Â
Loading or unload of goods, wares or merchandise, which does not
extend more than three feet onto the sidewalk, and provided such goods,
wares, etc., do not remain thereon for a period of more than two hours.
(5)Â
Street furniture and landscape elements with a maximum area of nine
square feet per building, which must be placed against an exterior
wall and may be installed pursuant to this exception only if a minimum
of 12 feet of sidewalk width exists, measured from the building front
to the back of the curb, or specifically if the furniture and/or landscape
element is part of an approved City streetscape plan.
(6)Â
Newspaper vending machines, street furniture, and all other encroachments located within the Main Street Commercial Historic District may be permitted if said encroachment meets the requirements of Subsection B(5) of this section; the proponent/owner of any such encroachment shall make a written application, pursuant to the procedures set forth below in Subsection D, prior to installation or placement of the proposed encroachment in the right-of-way; and the Watertown Historic Preservation Commission shall make a recommendation approving or rejecting placement of the proposed encroachment to the Watertown Common Council Public Safety and Welfare Committee.
[Amended by Ord. No. 91-1]
(7)Â
Excavation and openings permitted under § 457-6 of this chapter.
[Amended 9-3-2019 by Ord. No. 19-17]
(9)Â
Temporary encroachments or obstructions authorized by permit granted
pursuant to § 66.0425, Wis. Stats. The cost of such permit
obtained pursuant to this subsection shall be as set by the Common
Council and provided under separate fee schedule and the permit shall
be valid for 14 consecutive days following its issuance.
[Amended by Ord. No. 13-06; 10-4-2016 by Ord. No.
16-18]
(10)Â
Other exceptions located outside of the Main Street Commercial Historic District shall be allowed, provided they are subject to the requirements of Subsection B(5) of this section and the proponent/owner of such an encroachment shall make written application, pursuant to the procedures set forth below in Subsection D, prior to installation or placement of the proposed encroachment in the right-of-way.
[Amended by Ord. No. 91-2]
(11)Â
Booths, benches, tables or other structures erected or maintained for the display of goods, wares, merchandise or foodstuffs, and approved under § 457-12 shall not be considered obstructions or encroachments.
[Added by Ord. No. 93-23]
C.Â
Building materials.
(1)Â
The Public Works Director/City Engineer may grant permission to any
person for a period not to exceed three months to use not to exceed
1/3 in width of any or all streets adjacent to any proposed building
or other improvement to be built or made for the purpose of temporarily
depositing thereon building material, excavated material and other
articles necessary to be used in and about the construction of such
building or other improvement.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)Â
Every person to whom a permit is granted hereunder shall provide
a sufficient barricade and during the nighttime sufficient warning
lights around or on such building materials, excavating material or
other articles so as to effectually prevent the happening of accidents
to persons or property, and every such person shall be liable for
all accidents and damage caused by his failure to properly provide
and maintain such barriers and warning lights.
D.Â
Application for variance. Application to request a variance granting
the proposed use or encroachment of the public way may be taken by
any person by filing a written application with the Watertown Common
Council Public Safety and Welfare Committee, which shall fix a reasonable
time for the hearing of the application, give a minimum of 72 hours'
notice to the applicant by regular mail, and decide the same within
a reasonable time by approving or rejecting the request. Each application
shall be accompanied by a fee as set by the Common Council and provided
under separate fee schedule. At the hearing, any party may appear
in person or by agent or attorney. The Committee shall decide all
applications within 30 days after the hearing thereon. Any person
or persons jointly or severally aggrieved by any decision of the Public
Safety and Welfare Committee may present to a court of record a petition
for certiorari within 30 days after the decision of the Public Safety
and Welfare Committee with respect to the application.
[Added by Ord. No. 91-3[1]]
[Added by Ord. No. 95-44]
All mailbox and newspaper receptacle placement and construction
within the City of Watertown shall comply with the standards set forth
herein, which support and mounting standards comply with the requirements
of the United States Postal Service, as follows:
A.Â
Support.
(1)Â
The support shall be a wood post, steel pipe or steel channel installed
no more than 24 inches in the ground and extending to a vertical height
such that the bottom of the box is a minimum of 36 inches but not
to exceed a maximum of 42 inches above the ground surface. The support
shall have no larger than the following dimensions:
(2)Â
The support shall not be set in concrete, nor is a base plate acceptable.
Anti-twist flanges may be installed on the pipe or channel supports
but shall not be imbedded more than 10 inches into the ground.
B.Â
Attachment. The box-to-post attachment shall be sufficient to prevent
the separation of the box from the support post when struck. An approved
newspaper receptacle may be attached to a post with a mailbox, but
not on a post by itself.
C.Â
Multiple boxes. No more than four boxes shall be mounted on one support
post. For a multiple installation, support posts shall be spaced a
minimum longitudinal distance apart which is equal to 3/4 of the height
of the posts in the installation.
D.Â
Location. The face of the box shall be located a minimum of six inches
behind the traffic face of curb and a maximum of 12 inches behind
the traffic face of curb. Installations shall avoid blind spots or
poor sight distance locations.
E.Â
Liability. Mailboxes and newspaper receptacles placed within the
street right-of-way are the sole property and responsibility of the
abutting property owner. The City of Watertown shall not be liable
for damages caused to or by mailboxes and newspaper receptacles placed
within the street right-of-way.
F.Â
Drawings. The City of Watertown shall maintain a supply of standard
drawings of approved mailbox installations for distribution to the
general public.
G.Â
Violations and penalties. A mailbox or newspaper receptacle installed
in violation of the provisions of this section will result in the
City issuing a notice of noncompliance to the violating property owner.
If the violation is not corrected within 30 days, the City shall remove
the violating obstruction or encroachment and assess the cost of removal
as a special charge against the property as provided in § 66.0627,
Wis. Stats.[1]
[Added by Ord. No. 13-13]
For the purposes of this section, a "sidewalk cafe" is defined as an outdoor dining area located in a public right-of-way that is operated adjacent to and in conjunction with an indoor commercial entertainment use (as defined in § 550-52H of Chapter 550, Zoning), in which the sale of alcohol beverages accounts for less than 50% of the gross receipts. Notwithstanding § 457-7A, sidewalk cafes and dining upon the public rights-of-way shall be permitted, subject to the following requirements:
A.Â
A sidewalk cafe permit must be granted by the City; a sidewalk cafe permit shall be granted only to the operator of a restaurant that is in compliance with the City of Watertown Code and is licensed by the Wisconsin Department of Health Services (DHS) to operate a restaurant pursuant to Ch. 254, Wis. Stats., and/or licensed with the Department of Agriculture, Trade and Consumer Protection (DATCP) or a local agent of DHS or DATCP to operate a retail food establishment pursuant to Ch. 97, Wis. Stats. All food preparation, storage and handling shall conform to all applicable health codes.
[Amended by Ord. No. 13-21]
B.Â
Applicants for a sidewalk cafe permit must provide a complete application
form and a sketch plan of the proposed site, at a scale of 1/4 inch
equals one foot, indicating the following:
(1)Â
The location of the building front and all doorways;
(2)Â
The proposed location of the sidewalk cafe barrier, tables, chairs,
serving equipment, planters, borders, awnings, umbrellas and other
facilities to be included in the seating area;
(3)Â
The location of existing public improvements, including fire hydrants,
street signs, streetlights, utilities, traffic signals, mailboxes,
trees and tree grates, parking meters, planting boxes or planting
areas, fire escapes or other overhead obstructions and any other public
obstruction;
(4)Â
The location of crosswalks, driveways, parking spaces, loading zones,
and other vehicular areas adjacent to the proposed sidewalk cafe.
C.Â
The application form and sketch plan shall be signed by the applicant
and by the property owner and shall be approved, in writing, by the
Public Works Director/City Engineer or designee prior to any implementation
of the sidewalk cafe.
[Amended 7-5-2022 by Ord. No. 22-63]
D.Â
The design of the sidewalk cafe, as depicted on the sketch plan and
as installed, maintained and operated following approval, shall comply
with all of the following requirements:
(1)Â
Sidewalk cafes are restricted to the portion of the sidewalk which
is parallel to and immediately adjacent to the abutting business establishment
to which the sidewalk cafe permit has been issued or in a location
and configuration as otherwise approved.
(2)Â
Sidewalk cafes are permitted only where both the sidewalk and the
paved terrace are wide enough to adequately accommodate both the usual
pedestrian traffic in the area and the operation of the proposed activity.
Generally, the remaining unimpeded sidewalk and adjacent terrace shall
be a minimum of five feet.[1]
(3)Â
The sidewalk cafe may not be wider than one chair or table which
is one-place-setting wide.
(4)Â
The sidewalk cafe shall be located on an impervious surface.
(5)Â
The sidewalk cafe shall not be located in or otherwise obstruct more
than 24 inches of the sidewalk.
(6)Â
The sidewalk cafe shall be accessible to the disabled, and the permit
holder shall at all times comply with all applicable federal, state
and City laws, ordinances and regulations concerning accessibility
and nondiscrimination in the providing of service.
(7)Â
No tables, chairs, fencing or any other fixtures used in connection
with a sidewalk cafe shall be attached, chained or in any manner affixed
to the public area or any other public property, including street
trees.
(8)Â
Lighting to serve outside seating areas shall be provided by ambient
sources. No lighting fixtures or other electrical devices are permitted.
E.Â
Operations of sidewalk cafes shall comply with the following requirements:
(1)Â
A sidewalk cafe may only be open between the hours of 7:00 a.m. and
10:00 p.m. on any day and only when the restaurant is otherwise open.
(2)Â
All tables, chairs and all other materials and equipment must be
removed from the site from close of business until normal opening
of business each day.
(3)Â
All tables and chairs shall be heavyweight so as to withstand moderate
winds. Plastic and tubular aluminum furniture using fabric seats and/or
seat backs is prohibited.
(4)Â
Diningware shall be heavyweight so as to withstand moderate winds.
Reusable, nondisposable flatware, dishware and beverage containers
are required for use in all sidewalk cafes. No food or beverage, including
water, shall be served in, on or with single-use paper, plastic or
polystyrene plastic dishes or utensils, nor shall any food or beverage
be served to the customer wrapped or packaged in foil, paper, plastic
or polystyrene plastic.
(5)Â
No smoking shall be permitted within sidewalk cafe enclosures.
(6)Â
No amplified music is permitted in sidewalk cafes. Live, unamplified
music is permitted, but musicians and equipment shall be located within
two feet of the building when performing.
(7)Â
Additional parking shall not be required or reasonably necessitated
due to the addition of a sidewalk cafe area.
F.Â
Businesses which intend to serve alcohol beverages at the sidewalk
cafe must additionally meet the following requirements:
(1)Â
The business shall hold a valid liquor license for all premises where
alcohol beverages are served and consumed.
(2)Â
Sidewalk cafes where alcohol beverages are served and consumed shall
be responsible for policing the area of the outdoor cafe to be sure
the area is in compliance with the alcohol beverage licensing requirements
at all times.
(3)Â
The entire outdoor area utilized for service and consumption of food
and beverage shall be visible from the restaurant establishment.
(4)Â
No alcohol beverages may be served at any time if the restaurant
has not received Common Council approval for the enlargement of the
premises under its liquor license that includes the area of the public
sidewalk where the sidewalk cafe is located. Further, the liquor license
shall be automatically conditioned at the time of the enlargement
of premises to allow for the consumption of alcohol beverages within
the sidewalk cafe area only. Approval of the enlargement of premises
area (sidewalk cafe) shall not grant any licensee or licensed premises
any vested rights, and such approval may be suspended or revoked or
nonrenewed without cause being shown.
(5)Â
Alcohol beverages must be sold and served by the licensee or licensee's
employees who have operator's licenses and sold, served and consumed
by patrons seated at tables in the sidewalk cafe, pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats.
(6)Â
Alcohol beverages may only be served at the sidewalk cafe when food
service is available through the licensed establishment.
(7)Â
The permittee shall be responsible for complying with the approved
sidewalk cafe plan.
(8)Â
The permittee shall not allow patrons of the sidewalk cafe to bring
alcohol beverages into the sidewalk cafe, nor to carry open containers
of alcohol beverages about in the sidewalk cafe area, nor to carry
open containers of alcohol beverages served in the sidewalk cafe outside
the sidewalk cafe area.
(9)Â
The permittee shall display signage indicating alcohol may only be
consumed by patrons seated at tables in the sidewalk cafe.
(10)Â
The bar from which the alcohol beverages are dispensed shall
be located indoors and shall not be located in the sidewalk cafe area.
G.Â
Both the owner/lessee/lessor of the business establishment and the
property owner shall agree in writing to hold the City harmless for
any personal injury or property damage resulting from the existence
or operation of the sidewalk cafe and guarantee the condition and
maintenance of the right-of-way upon which any sidewalk cafe is located
and shall furnish evidence of general liability insurance in the amount
of $1,000,000.[2]
H.Â
The City may cause the immediate removal or relocation of all or
any part of the sidewalk cafe or its fixtures in emergency situations.
The City, its officers, agents and employees shall not be responsible
for any damages or loss of sidewalk cafe fixtures relocated during
emergency situations and shall not be responsible for any loss of
revenue associated with removal, costs associated with the removal,
or the return and installation of any sidewalk cafe fixtures.
[1]
Editor's Note: Former § 457-10, Daily notice signs,
added by Ord. No. 13-12, was repealed 12-21-2021 by Ord. No. 21-44.
[Amended by Ord. No. 92-6]
A.Â
Duty to remove or cover. The owner, occupant or person in charge of each lot or part of lot shall, within 24 hours after snow has stopped falling, remove all snow and ice which may have fallen or accumulated upon the sidewalks abutting the premises and driveway aprons owned, occupied or cared for by him or her. When snow and ice has so formed upon any sidewalk that it cannot be removed, the persons herein referred to shall keep the same sprinkled with sand, salt or an ice-melting compound. Failure to remove or cover the snow and ice as specified herein will subject the owner, occupant or person in charge of the premises to the forfeitures provided in § 1-4 of this Code. This requirement shall not apply to sidewalks exempted by the written Policy for City for Snow Removal on Sidewalks, adopted by the City of Watertown Public Works Commission on September 14, 2021.
[Amended by Ord. No. 10-31; Ord. No. 11-17; 11-2-2021 by Ord. No. 21-38]
B.Â
Street Superintendent to cause removal. If the owner, occupant or person in charge of each lot or part of lot does not remove or cover all snow or ice from the sidewalks abutting the premises owned, occupied or cared for by him, as provided in Subsection A herein, and continues to refuse to remove the snow and ice after a complaint has been issued, and the party is found to be in violation of Subsection A hereinabove, then the Street Superintendent shall cause all sidewalks which shall not have been cleaned or sprinkled with sand, salt or an ice-melting compound as above prescribed to be so cleaned or sprinkled in his discretion immediately upon the default of the person whose duty it is to clean or sprinkle the same. He shall annually render to the City Treasurer an itemized report of all sums disbursed by him for such cleaning or sprinkling, the description of the premises affected thereby, and the names of the owners thereof, and the sum so disbursed shall annually be levied and collected as a special tax upon said premises unless paid.
[Amended by Ord. No. 08-33; Ord. No. 11-17; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
C.Â
Depositing of snow in streets and alleys. No person shall deposit or cause to be deposited in any public street, alley or roadway in the City snow taken or removed from property that is privately owned or occupied, public sidewalks, road right-of-way or driveway aprons abutting such private property. This subsection shall not apply to any properties located within the Central City Snow Removal Area, as defined in § 500-9C(2)(a) of the City's Code.
[Amended by Ord. No. 08-33]
D.Â
Violations and penalties. Any person or entity who shall violate
any provision of this section shall be subject to a forfeiture of
not less than $50. Each violation and each day a violation continues
or occurs shall constitute a separate offense.
[Amended by Ord. No. 08-33]
A.Â
Sale of merchandise prohibited. It shall be unlawful for any person
to sell or offer for sale any goods, wares, merchandise or foodstuffs,
or to erect or maintain or cause or permit to be erected or maintained,
any booth, bench, table or other structure for the display of goods,
wares, merchandise or foodstuffs on any sidewalk, street, boulevard,
alley, public way or public right-of-way between the private property
line and the established curbline of the roadway or streets of the
City.
[Amended by Ord. No. 97-59]
B.Â
Sale of merchandise from vehicles prohibited. It shall be unlawful
for any person to sell or offer for sale any goods, wares, merchandise,
vegetables or produce, or other foodstuffs from any vehicle, pushcart,
three-wheeled bicycle or other conveyance in or upon any street, public
way, alley or public right-of-way within the City.
[Amended by Ord. No. 97-59]
C.Â
Exceptions.
[Amended by Ord. No. 93-22; Ord. No. 10-19]
(1)Â
Subsections A and B shall not apply to any person distributing or selling any agricultural product grown by him or her or homemade produce made by him or her on the day of the Farmers Market, which is each Tuesday of every month, during the months of May through November in the specific area designated under § 428-11 of the Watertown Code.
(2)Â
The provisions of Subsection A shall not apply to the annual Maxwell Street Day event, conducted under the provisions of Subsection D below, or to special retail promotions organized by the Watertown Area Chamber of Commerce or the Watertown Main Street Program in behalf of the downtown business community and approved, in writing, by the Mayor. For promotions other than Maxwell Street Day, any booth, bench, table or other structure for the display of goods, wares, merchandise or foodstuffs shall extend not more than 36 inches beyond the private property line.
(3)Â
Permitted food vending on public streets under § 457-185.
[Added 2-20-2018 by Ord.
No. 18-1]
D.Â
Maxwell Street Day sidewalk sale. The Watertown Main Street Program is granted an annual permit to conduct a special event on the sidewalks and streets of the Central Business District (as that term is defined and designated in § 550-34 of the Watertown Zoning Code), commonly known as "Maxwell Street Day," subject to the regulations as set forth below.
[Amended by Ord. No. 89-74A; Ord. No. 95-32; Ord. No. 10-19; 10-4-2016 by Ord. No.
16-18]
(1)Â
The Maxwell Street Day event shall extend from 6:00 a.m. to 9:00
p.m. on the third Thursday in July, or on such other date as designated
by the Mayor and Chief of Police, in writing.
(2)Â
The eastbound and westbound traffic lanes of Main Street shall be
closed to all vehicular traffic during the course of the event.
(3)Â
There shall be no parking allowed on the entire closed portion of
Main Street and on side streets of the Central Business District in
front of participating merchants during the course of the event.
(4)Â
The Watertown Street Department shall provide and remove such barricades
and warning devices as are deemed necessary by the Chief of Police
to allow for the safe flow of traffic northbound and southbound on
the intersecting streets within the Central Business District and
to allow for emergency vehicle access to the closed portion of Main
Street.
(5)Â
The provisions of Subsection A of this section prohibiting the use of streets and sidewalks for outside sales shall be suspended for the duration of the special event within the Central Business District, provided that:
(a)Â
The outside sales activity is either a sidewalk cafe or storefront
display by a contiguously located merchant which does not extend beyond
the frontage width of the business associated therewith.
(b)Â
Any storefront display or sidewalk cafe shall be limited to
the sale and display of those items of goods, wares, merchandise or
foodstuffs commonly sold or offered for sale in the place of business
associated with the contiguously located merchant.
(c)Â
"Contiguously located merchant" in this section means a business
whose place of business is located on the ground floor abutting the
sidewalk, and which has available to it immediately adjacent sidewalk
space.
(6)Â
As a condition of the issuance of this permit, the sponsor must have
in force adequate liability insurance holding the City and its employees
harmless and to indemnify and defend the City or its employees against
all claims, liability, loss, damage or expense arising out of or resulting
from the activities for which the permit is granted. As evidence of
the sponsor's ability to perform this condition of the permit, the
sponsor shall furnish a certificate of insurance evidencing the existence
of a comprehensive general liability insurance policy, with the City
named as an additional insured. Adequate liability limits means minimum
limits of $100,000 per occurrence for bodily injury and minimum limits
of $50,000 per occurrence for property damage. The certificate of
insurance shall provide for 30 days' written notice to the City upon
cancellation, nonrenewal or material change to the policy.
(7)Â
The Watertown Area Chamber of Commerce is vested with exclusive authority
over the conduct of this special event, including, but not limited
to, use of sound equipment or public address systems in the Central
Business District, operation of food stands within the Central Business
District which may offer food for sale to the general public, allocation
of space limitations on contiguously located merchants for use of
sidewalks and streets for display purposes, and a unified, comprehensive
advertising campaign or theme for the event, utilizing placards, banners
and other advertising materials.
E.Â
Main Street Program weekend events. The Main Street Program (MSP)
is granted permission to manage a series of Friday night events from
May through August in downtown Watertown. The Main Street Program
must submit plans for any street closings in sufficient time for the
appropriate City departments to be able to make arrangements for the
safe and efficient closure of any streets. The Mayor, Police Chief
and Fire Chief will need to approve all street closures.
[Added by Ord. No. 05-19]
(1)Â
The details of the event are to be approved by the Mayor, Police
Chief and Fire Chief.
(2)Â
The provisions of Subsection A of this section are suspended for each of these events for the period of time beginning one hour before and ending one hour after the schedule MSP event. The MSP is responsible for approving the sidewalk events and the vendors that are involved. In no case shall the tables block pedestrian traffic, and they shall leave at least four feet of unobstructed sidewalk.
(3)Â
There shall be no parking in the closed section of the street or
municipal parking lot on which the event is to be held during the
time of the event. The MSP shall be responsible for posting signs
in sufficient time to notify vehicle owners of the closure of the
street or parking lot.
(4)Â
The MSP shall make arrangements for barricades and "no parking" signs
with the appropriate department and ensure that they are placed in
a timely fashion and in such a manner that the general public is notified.
[Added by Ord. No. 13-30; amended 1-19-2016 by Ord. No. 15-40]
A.Â
Dip netting prohibited. It shall be unlawful to dip net from any
bridge within the City or actively or passively assist any such activity.
B.Â
Signage. The Park, Recreation and Forestry Department is authorized and directed to place and maintain suitable posts, signs or markers designating the areas of prohibition consistent with Subsection A; however, any failure to place or maintain such posts, signs or markers shall constitute no legal defense or excuse to any prosecution under the provisions hereof.
No railway corporation or person in charge of any locomotive,
engine, railway car, train or trains shall cause or permit said locomotive,
engine, railway car, train or trains, whether standing or in motion,
to block any street crossing in the City for longer than five minutes.
[Added by Ord. No. 93-58]
It shall be unlawful for any person or company to deposit concrete,
concrete residue or concrete truck cleanings upon any public lands
within the corporate City limits of the City of Watertown, including
road rights-of-way, or to make any deposits in the sanitary sewer
or storm sewer systems of the City of Watertown. Persons or firms
convicted of violating the provisions of this section shall pay a
minimum forfeiture of $500 for a first conviction and a minimum of
$1,000 for second and subsequent convictions.
A.Â
The owners and occupants of all stores, houses and other buildings
abutting on any of the streets in the City shall cause to be placed
on their respective stores, houses or other buildings street numbers
according to the plat of said City.
B.Â
Numbers must be plainly visible from the curb of the street upon
which the house fronts and mounted on a contrasting background. The
minimum specifications on three types of house numbers presently available
shall be as follows:
[Added by Ord. No. 03-30]
A.Â
The depositing or placement of any type of yard waste, including
grass clippings, leaves or tree branches or any other yard waste,
in the paved portion of any road or alley is hereby prohibited. The
Watertown Public Works Commission shall be responsible for establishing
a written policy regarding the enforcement of this section. The Watertown
Street Superintendent and Assistant Street Superintendent shall have
the authority to issue citations to persons who violate this section.
B.Â
The penalty for persons violating this section shall be $25 per occurrence
plus court costs and assessments. Each violation and each day a violation
continues or occurs shall constitute a separate offense. However,
this section shall not preclude any appropriate action which the City
may take to restrain or remove a violation of this section.
[Added by Ord. No. 05-28]
A.Â
Public policy. It is hereby declared that, in the interests of public
safety, health and general welfare, community appearance and efficiency
of operation, it is unlawful to place, throw, leave, in any way deposit
or permit to be deposited or permit to remain any dirt, rubbish, litter,
debris or material of any kind upon any street, sidewalk or alley
within the City.[1]
B.Â
Construction sites. All incidental mud-tracking off site from a construction
site onto adjacent public thoroughfares shall be cleaned up and removed
by the end of each working day using proper cleaning and disposal
methods.
C.Â
Private property. The owner, occupant or person in charge of private
premises who places, causes or permits to remain any of such materials
upon any street, sidewalk or alley in the City shall immediately remove
said materials at no cost to the City.
D.Â
Motor vehicle operator. The operator of any motor vehicle which tracks,
drops or places any materials upon any street, sidewalk or alley in
the City, except from a construction site, shall immediately stop
and remove such materials at no cost to the City. In the event such
operator is performing work under the control or authority of the
owner, occupant or person in charge of the work on private premises,
and such operator causes the deposit of any materials upon any street,
sidewalk or alley in the City, which such operator fails to remove
as required in this subsection, the owner, occupant or person in charge
of such work on such private premises shall remove said materials
at no cost to the City.
E.Â
City removal and costs. In the event the materials are not removed
from the street, sidewalk or alley in accordance with the aforementioned
subsections, the City shall cause the removal of such materials and
charge such operator or such owner, occupant or person in charge of
such work the cost of removal. In the event the person charged for
such removal fails to pay such costs within 30 days, it shall be entered
on the tax roll as special tax against such property.
F.Â
Penalty provisions. In addition to the cost of removal, such operator,
owner, occupant or person in charge of such property shall be subject
to a penalty of not less than $50 per occurrence. Each day that such
materials are not removed shall constitute a separate offense under
this section.
[Added 2-20-2018 by Ord.
No. 18-1]
A.Â
MOBILE FOOD CARTS or PUSHCARTS or MOBILE FOOD ESTABLISHMENT
(1)Â
MOBILE FOOD VENDING TRAILERS or MOBILE FOOD ESTABLISHMENT
(1)Â
MOBILE OPERATOR
MOTORIZED FOOD VENDING VEHICLE or MOBILE FOOD ESTABLISHMENT
SIDEWALK
VEND or VENDING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A restaurant or retail food establishment where food is served
or sold from a movable NSF/ANSI 59 compliant pushcart which periodically
or continuously changes location and requires a service base to accommodate
the unit for servicing, cleaning, inspection and maintenance.
Bicycle (two- or three-wheeled) food carts shall not be used
as a mobile food cart or pushcart.
A restaurant or retail food establishment where food is served
or sold from a movable trailer which periodically or continuously
changes location and requires a service base to accommodate the unit
for servicing, cleaning, inspection and maintenance.
Mobile food vending trailers shall only be permitted in City-approved
municipal parking lots.
Includes any person, firm or corporation who owns, leases,
contracts or in any other fashion permits a person to operate upon
a City street, sidewalk or municipal parking lot any mobile food establishment
for the purpose of vending, or the person driving or operating any
such vehicle.
A restaurant or retail food establishment where food is served
or sold from a motorized movable vehicle which periodically or continuously
changes location and requires a service base to accommodate the unit
for servicing, cleaning, inspection and maintenance.
Has the meaning given in § 340.01(58), Wis. Stats.
Offering food for sale from a mobile food establishment on
City-owned streets, sidewalks or parking lots.
B.Â
Permit required. No mobile operator shall vend from a mobile food
establishment while on City-owned streets, sidewalks or parking lots
unless a permit to do so is obtained from the Public Works Director/City
Engineer or designee. An annual permit and fee shall entitle the mobile
operator to vend from a mobile food establishment for the period of
July 1 of the application year through June 30 of the following year.
For each additional individual vehicle utilized by a mobile operator,
an additional permit fee shall be paid. Applicants must include a
copy of their service base license and mobile food establishment license
required by the Wisconsin Department of Agriculture, Trade and Consumer
Protection or local agent with licensing authority.
[Amended 7-5-2022 by Ord. No. 22-63]
(1)Â
First-time applicants shall be eligible for a fifteen-month
food vending on public streets permit that shall permit the mobile
operator to vend from a mobile food establishment for the period of
April 1 of the application year through June 30 of the following year
at no additional fee.
C.Â
Insurance. No permit shall be issued hereunder to a mobile operator
unless a certificate is furnished to the City evidencing in form coverages
and limits acceptable to the City that the mobile operator is adequately
insured with respect to public liability for personal injury or death
resulting from any one occurrence and on account of any one accident
and property damage insurance; in addition:
(1)Â
The City shall be an additional insured as evidenced on a certificate
of liability insurance:
(2)Â
Upon receipt of a permit under this section, the mobile operator
of a mobile food establishment agrees that it shall defend, indemnify
and hold harmless the City, its officers, employees and agents from
and against all actions, losses, damages, liability, costs and expenses
of every type and description, including, but not limited to, attorney
fees, to which any or all of them may be subjected by reason of, or
resulting from, directly or indirectly, in whole or in part, the acts
or omissions of the permittee or the permittee's agents, officers
or employees, directly or indirectly arising from the operation of
a mobile food establishment;
(3)Â
A certificate of liability insurance shall contain an acknowledgement
attested by the insurer that prior to modification, cancellation or
termination of the subject policy, written notice shall be sent to
the Public Works Director/City Engineer by said insurance company.
[Amended 7-5-2022 by Ord. No. 22-63]
D.Â
Inspections.
(1)Â
Prior to the initial use and operation of a motorized food vending
vehicle, said vehicle shall be thoroughly examined and inspected by
a certified mechanic and found to comply with all standards of safety
prescribed by the laws of the state or the City. An inspection report
showing that a vehicle has met the standards of safety prescribed
by law must be presented to the Public Works Director/City Engineer
or designee at the time of permit application.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)Â
Every motorized food vending vehicle licensed pursuant to this
chapter shall be inspected from time to time, but no less frequently
than annually, by a certified mechanic to ensure the continued maintenance
of safe operating conditions. The operation of any vehicle which fails
to meet the standards of safety established by law shall be discontinued
until such time as the deficiency is eliminated in the exclusive determination
of the City.
E.Â
Pedestrian sidewalk access. All vending activities from a mobile
food cart or push cart shall be conducted to maintain a minimum width
of three feet of unobstructed public pedestrian walkway adjacent to
the vending site.
G.Â
Restrictions on vending activity.
(1)Â
A mobile operator shall not leave a mobile food establishment
unattended at any time.
(2)Â
A mobile operator shall vend only when the mobile food establishment
is lawfully parked, stopped, or standing.
(3)Â
A mobile operator of a motorized food vending vehicle shall
vend only from the side of the vehicle away from moving traffic and
as near as possible to the curb or outer limit of the street.
(4)Â
A mobile operator shall not vend to any customer situated in
the street.
(5)Â
Mobile food carts or push carts shall only vend on sidewalks
or City-approved municipal parking lots.
(6)Â
Loading and unloading of mobile food carts or push carts shall
not obstruct traffic.
(7)Â
The Public Works Director/City Engineer shall establish and
make known to mobile operators all City streets, sidewalks or municipally
owned parking lots that are disapproved for the utilization of vending.
The Public Works Director/City Engineer shall take into consideration
factors such as the classification of the street, the amount and character
of the traffic carried thereon, and any special hazards to the public
which may be created by permitting vending activity thereon.
[Amended 7-5-2022 by Ord. No. 22-63]
(8)Â
No vending activity shall occur between the hour of 10:00 p.m.
and the hour of 7:00 a.m. next succeeding.
(a)Â
All mobile food establishments shall not be parked and/or stored
on or within any City of Watertown street, sidewalk or municipally
owned parking lot between the hour of 10:00 p.m. and the hour of 7:00
a.m. next succeeding.
(9)Â
A mobile operator must maintain at least one leakproof waste
container for customer use and shall be responsible for proper and
legal disposal of customer litter or other refuse collected in the
natural course of conducting the activities permitted under this section.
Mobile operators are required to remove or otherwise properly dispose
of all waste, litter or garbage generated by their operations and
patrons on a daily basis, including that which may be reasonably seen
from the location of operation on the ground or otherwise not in a
proper disposal container.
(10)Â
A mobile food establishment or mobile operator shall not obstruct
the ingress or egress from commercial buildings and private driveways.
(11)Â
A mobile food establishment or mobile operator shall not vend
within 30 feet of the property line of a licensed food establishment.
(13)Â
No mobile operator or mobile food establishment shall use utilities
from the public rights-of-way; this includes, but is not limited to,
reliance on extension cords or water hoses.
(14)Â
Mobile operators or mobile food establishments relying on generators
shall not use or rely on a generator that produces noise greater than
60 decibels.
(15)Â
All mobile food establishments must have signage posted, in
lettering not less than three inches in height and two inches in width,
in plain view to all patrons that provides the name of the mobile
operator and a valid telephone number.
(16)Â
All state, county, local agents with licensing authority and/or
City of Watertown licenses and/or permits shall be conspicuously displayed
on all mobile food establishments while in operation.
H.Â
Sound amplification devices. No mobile operator while vending shall
use a sound amplification device, bell or horn which is audible for
a distance of more than 50 feet from a mobile food establishment.
No such device shall be used within 300 feet of any church or place
of worship, school, hospital, residential zoning district or municipal
building.
I.Â
Denial, suspension or revocation of permit. Failure to comply with
all applicable municipal code(s) or state statute(s) shall result
in immediate denial, suspension or revocation of a mobile operator's
food vending on public streets permit.
J.Â
Appeal. The decision to deny, condition or suspend a permit shall be reviewable upon appeal pursuant to the provisions of Chapter 10 of this Code.
K.Â
Exemptions. A food vending on public streets permit shall not be required for any mobile food establishment that is associated with a public event under Chapter 428 of this Code, events/concessions under Chapter 398 of this Code, Watertown Main Street Program's Farmers Market, or Watertown Public Library's Farmers Market so long as the food vending vehicle is removed within 24 hours of the stated end of the licensed event.
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 1-4. Each violation and each day a violation continues or occurs shall constitute a separate offense. However, this section shall not preclude any appropriate action which the City may take to restrain or remove a violation of this chapter.
[Added 9-3-2019 by Ord. No. 19-14]
A.Â
ADMINISTRATOR
APPLICANT
APPLICATION
BASE STATION
CLEAR ZONE
ELIGIBLE FACILITIES REQUEST
EMERGENCY UTILITY WORK
FCC
PERMIT
PIPELINE
PRIVATE UTILITY FACILITIES
RESPONSIBLE PERSON
RIGHT-OF-WAY
ROADWAY
SMALL WIRELESS FACILITY
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
SUPPORT STRUCTURE
TOWER
TRAVELED WAY
UNDERGROUND AREAS
UTILITY
UTILITY FACILITIES
(1)Â
(2)Â
(3)Â
(4)Â
UTILITY MAINTENANCE
UTILITY OPERATION
UTILITY POLE
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS REGULATIONS
WIRELESS SERVICE PROVIDER
WIRELESS TELECOMMUNICATIONS EQUIPMENT
WIRELESS TELECOMMUNICATIONS FACILITY
For the purpose of this chapter's Article II, the terms below shall have the following meanings:
The Public Works Director/City Engineer or his or her designee.
[Amended 7-5-2022 by Ord. No. 22-63]
A person filing an application for placement or modification
of a utility facility, defined under "utility facilities," in the
right-of-way.
A formal request, including all required and requested documentation
and information, submitted by an applicant to the City of Watertown
for a permit.
The same as in 47 C.F.R. § 1.6100(b)(1), which
defines the term to mean a structure or wireless telecommunications
equipment at a fixed location that enables FCC-licensed or authorized
wireless communications between user equipment and a communication
network. This definition does not include towers.
The portion of the right-of-way free of nontraversable hazards
and fixed objects. These areas provide drivers a reasonable opportunity
to stop safely or otherwise regain control of their vehicle when it
leaves the traveled way. The clear zone generally varies with the
type of right-of-way, terrain traversed, road geometrics, and operating
conditions. Chapter 11 of the Wisconsin Department of Transportation
Facilities Development Manual should be used as the guide for establishing
clear zones.
Has the same meaning as in 47 C.F.R. § 1.6100(b)(3),
which defines the term to mean any request for modification of an
existing tower or base station that does not substantially change
the physical dimensions of such tower or base station, involving collocation
of new transmission equipment; removal of transmission equipment;
or replacement of transmission equipment.
Unforeseen action by a utility deemed necessary to restore
an existing facility to service and/or protect the public health,
safety, and welfare of the general public.
The Federal Communications Commission.
A permit issued pursuant to this chapter and authorizing
the utility permission to work within, use, occupy or cross the right-of-way.
Placement or modification of a utility facility of a design specified
in the permit at a particular location within the right-of-way, and
the modification of any existing support structure to which the utility
facility is proposed to be attached or collocated upon.
A utility facility installed to carry or convey a fluid,
gas, or other material, generally underground, including the casing
and the product being conveyed.
Facilities which convey or transmit the commodities as defined
by utility or small wireless facility, but are owned and operated
by an individual(s) or nonutility business and are not accessible
to the public.
A person having control over a utility project that is not
administered by the City of Watertown.
The surface of, and the space above and below the entire
width of an improved or unimproved public roadway, highway, street,
bicycle lane, landscape terrace, shared-use path, side slope, and
public sidewalk over which the City of Watertown exercises any rights
of management and control or in which the City of Watertown has an
interest.
The traveled way plus shoulders.
Consistent with 47 C.F.R. § 1.6002(1), means a
facility that meets each of the following conditions:
The structure on which antenna facilities are mounted:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration;
The facility is not located on Tribal lands; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
Any structure capable of supporting wireless telecommunications
equipment.
Has the same meaning as in 47 C.F.R. § 1.6100(b)(9),
which defines the term as any structure built for the sole or primary
purpose of supporting any Federal Communication Commission (FCC) licensed
or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
The portion of the roadway for the movement of vehicles which
includes auxiliary lanes and ramps but excludes the shoulders. Traveled
way usually lies between the edgeline striping.
Those areas where there are not electrical facilities or
facilities of the incumbent local exchange carrier in the right-of-way;
or where the wires associated with the same are or are required to
be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution
facilities owned by an electric utility and do not include transmission
facilities used or intended to be used to transmit electricity at
nominal voltages more than 35,000 volts.
Any corporation, company, individual or association, including
their lessees, trustees, or receivers, or any cooperative association,
town, or City of Watertown owns, operates, manages, or controls any
plant or fixed equipment within the corporate limits of the City of
Watertown for conveyance of communications, wireless communications,
electric power, light, heat, fuel, gas, oil, petroleum products, water,
steam, fluids, sewerage, drainage, irrigation, or similar facilities.
The owners or operators of cable television systems, small wireless
facility, wireless telecommunications facility, publicly owned fire
or police signal systems, traffic and street lighting facilities,
or privately owned facilities which perform and of the utility functions
above.
TRANSMISSION FACILITYA utility facility which generally carries the product from the source to the distribution network. Additional terms are "communication feeder," "toll," and "trunk lines."
DISTRIBUTION FACILITYA utility facility which distributes the utility product from a transmission facility to points convenient to its customers.
SERVICE FACILITYA utility facility which serves a single customer via a connection with a distribution line. Additional terms for a service line include "lateral" and "drop."
WIRELESS FACILITYSee "small wireless facility" and "wireless telecommunications facility."
Any use by a utility of labor or materials for repairs or
replacement of parts of an existing utility facility to retain its
use as intended, limited to the work types as further defined herein.
Any activity by a utility to assure the function of an existing
utility for its intended purpose.
A structure in the right-of-way designed to support electric,
telephone, and similar utility distribution lines and associated equipment.
A tower is not a utility pole.
A person that owns, controls, operates, or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
Those regulations adopted pursuant to § 457-50D(2)(a) to implement the provisions of this chapter.
An entity that provides wireless services to end users.
Equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communication
network.
A facility at a fixed location in the right-of-way consisting
of a base station, antennas and other accessory equipment, and a tower
and underground wiring, if any, associated with the base station.
B.Â
Definitions in this section may contain quotations or citations to
47 C.F.R. §§ 1.6100 and 1.6002. In the event than any
referenced section is amended, creating a conflict between the definitions
as set forth in this chapter and the amended language of the referenced
section, the definition in the referenced section, as amended, shall
control.
A.Â
Overview of utility accommodation. The City of Watertown maintains
and operates the system under the City of Watertown's jurisdiction
to provide a safe and convenient means for the pedestrian, bicycle,
and vehicular transportation of people and goods, and utility companies
provide essential services to the public. Both the City of Watertown
and utility companies typically provide facilities which consider
present as well as future needs. Cooperation between these two entities
is essential if the public is to be served at the lowest possible
cost consistent with their respective public service needs, obligations,
and interests. Although the City of Watertown strives to accommodate
utility facilities whenever possible, the permitted use and occupancy
of the right-of-way for non-right-of-way purposes is subordinate to
the primary interests and public health, safety, and welfare of the
traveling public.
B.Â
Purpose of the utility accommodation regulations. The purpose of
this chapter is to prescribe the regulations that shall be met by
any utility whose facility currently occupies, or will occupy in the
future, any right-of-way which the City of Watertown has jurisdiction.
(1)Â
This chapter applies to all public and private utilities as defined in § 457-20. It also applies to all existing utility facilities retained, relocated, replaced, or altered, and to new facilities installed in the City of Watertown's right-of-way.
(2)Â
Right-of-way facilities (e.g., lighting, traffic signals, changeable
message boards, etc.) operated by the City of Watertown for the purpose
of ensuring pedestrian, bicycle, or motorist safety shall not be bound
by the regulations contain within this chapter.
C.Â
Utility accommodation statutes. The City of Watertown regulates the use, occupation, and utility accommodation of the right-of-way under §§ 66.047, 85.15, 86.07(2), 86.16, 182.017, Wis. Stats. and under Watertown Municipal Code § 545-23.
D.Â
Utility accommodation. The City of Watertown shall handle requests
for utility accommodations or managing facilities that are already
located in the right-of-way:
(1)Â
Permits. The City of Watertown permits utility facilities in the
right-of-way when:
(a)Â
Such use and occupancy does not adversely affect the primary
functions of the right-of-way or materially impair their safety, operational,
or visual qualities.
(b)Â
There would be no conflict with the provisions of federal, state,
or local laws or regulations or the accommodation provisions stated
herein.
(c)Â
The occupancies would not significantly increase the difficulty
or future cost of right-of-way construction or maintenance.
(2)Â
Additions. Nothing in this chapter shall be construed as limiting
the rights of the City of Watertown to impose restrictions or requirements
in addition to and/or deviations from those stated herein in any permit
where the City of Watertown deems it advisable to do so. An appropriate
explanation for such action should be provided to the utility.
(3)Â
Alterations. The permitted facilities shall, if necessary, be altered
by the utility to facilitate alteration, improvement, safety control,
or maintenance of the right-of-way as may be ordered after permit
approval. All costs for construction, maintaining, altering, and relocating
the permitted facilities shall be the obligation of the applicant,
unless a specific City of Watertown-executed utility parcel or agreement
otherwise provides.
The applicant and/or permit holder, by accepting a permit under
this chapter, agrees to indemnify, defend, and hold harmless the City
of Watertown, its elected and appointed officials, officers, employees,
agents, representatives, and volunteers (collectively, the "indemnified
parties") from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorneys'
fees, costs, and expenses of whatsoever kind or nature in any manner
caused in whole or in part, or claimed to be caused in whole or in
part, by reason of any act, omission, fault, or negligence, whether
active or passive, of the permit holder or anyone acting under its
direction or control or on its behalf, even if liability is also sought
to be imposed on one or more of the indemnified parties. The obligation
to indemnify, defend, and hold harmless the indemnified parties shall
be applicable even if the liability results from an act or failure
to act on the part of one or more of the indemnified parties. However,
the obligation does not apply if the liability results from the willful
misconduct of an indemnified party.
A.Â
Buried line locating notification. Each applicant for a permit to
work on a City of Watertown right-of-way shall provide a reliable
line-locate notification service by either or both of the following
means:
(1)Â
If the applicant has membership in a one-call utility notification
service, it shall enter the current telephone number(s) for the service
on the face of each permit application form. The applicant shall also
provide written notification to the Administrator upon or in advance
of any subsequent changes in the one-call contact information such
as cessation of membership, changes in the contact telephone number(s),
etc.
(2)Â
If the applicant lacks membership in a one-call utility notification
service at the time of application for a permit, or has membership
but desires to provide a second resource for line locates, they shall:
(a)Â
Provide operational area maps which accurately specify the area(s)
in which the applicant has lines or a franchise to install lines.
A minimum of one such map shall be furnished to the City of Watertown.
The applicant shall advise the Administrator of any future changes
in its operational area(s) and supply updated maps showing the current
conditions; and
(b)Â
Enter on the face of each permit application form the current
telephone number(s) to be called to obtain specific line locates from
the applicant. The applicant should notify the Administrator of any
change to these telephone numbers.
B.Â
Design responsibility. The utility shall be responsible for the design
of the facility to be installed or adjusted within the right-of-way.
The Administrator shall be responsible for review of the utility's
proposal and for permit approval.
C.Â
Utility facility conditions requirements. All utility facilities
shall be kept in a good state of repair both structurally and from
the standpoint of appearance.
A.Â
Emergency situations may arise when immediate action to protect the
public health, safety, and welfare of the general public requires
utility operations within the City of Watertown right-of-way that
are not in full compliance with the provision of this chapter. Nothing
herein shall be construed as requiring a utility to delay such emergency
repair.
B.Â
Emergency repairs may be performed within the right-of-way when physical
conditions or time considerations prevent application for the usual
permit. However, as soon as feasible, the utility shall advise the
Administrator of the emergency, its plans or actions for alleviating
the dangerous situation(s), and make arrangement for the control and
protection of pedestrians, bicyclists, or traffic affected by its
proposed operations. When this chapter requires a permit for such
work, a permit shall be obtained as soon as possible and any alterations
deemed necessary through the permit approval process shall be made.
A.Â
Aboveground facilities. If a utility discontinues use of an aboveground
facility, the facility shall be entirely removed from the right-of-way
within one year after its use is discontinued unless written approval
for a time extension is granted by the Administrator or a proper permit
is requested and approved by the City of Watertown for sale to another
utility. Abandoned aboveground facilities are deemed to be a nuisance.
In addition to any remedies or rights it has at law or in equity,
the City of Watertown may, at its option:
B.Â
Underground facilities. Effective September 3, 2019, a record of
underground utility facilities abandoned in the right-of-way shall
be maintained in a utility's permanent files until the facility is
completely removed from the ground. The record should be similar quality
and detail as any other map or plan submitted to the Administrator
for permit approval. A utility shall take the steps it feels is necessary
to be able to provide an approximate location of abandoned facilities
in the future. The approximate location provided by the utility shall
be within a ten-foot-wide corridor (i.e., five feet either side as
measured perpendicular to a facility). If a utility facility is to
be abandoned as a part of a permit for a new facility, it shall be
field located and shown on the permit request for the new facility.
(1)Â
Upon request by the Administrator, each utility and the City of Watertown
requesting the information, shall agree on the method of transferring
the abandoned facility information in accordance with the mapping
capabilities of the utility. A utility shall update the map annually
if requested by the City of Watertown. The utility may place a disclaimer
on the abandonment map such as:
"The locations on this map cannot be relied upon for any purpose
except general information and planning that an abandoned utility
facility is in the right-of-way. The user remains obligated to call
Digger's Hotline at least three working days prior to any excavation.
All utility facilities uncovered in the right-of-way shall be handled
as active or energized until confirmed by a utility representative
that it is an abandoned or temporarily de-energized facility."
|
(2)Â
Upon request by the City of Watertown, the utility shall provide
a map (noted above) indicating all facilities abandoned prior to September
3, 2019 on record, if the utility has maintained such records.
(3)Â
When the City of Watertown intends to perform work in an area, it
may call the utility to request confirmation of any abandoned facilities
in that area. The utility shall respond to the request within 10 calendar
days and shall provide the City of Watertown with a more detailed
record of the abandoned facilities in that area, if available.
(4)Â
When an unidentified utility facility is exposed or damaged, the
City of Watertown shall call the utility to have a representative
visit the site and identify its facility. The utility should physically
respond to the site, if required, or contact the City of Watertown's
representative within two hours, and in all cases, shall physically
respond to the site within six hours after notification, if required.
(5)Â
The City of Watertown shall not require a utility to physically remove
any abandoned underground facility so long as a permanent record of
it is maintained and if it does not prevent the construction or modification
of any right-of-way improvement and/or structure. The utility shall
remove any abandoned underground facility if it poses a public health,
safety, and welfare risk to pedestrians, bicyclists, or motorists.
However, abandoned appurtenant facilities such as manholes and pull
boxes shall be filled in or removed in accordance with the Wisconsin
Department of Transportation's "Standard Specifications for Road and
Bridge Construction," current edition.
C.Â
Structure attachments. Utility facilities abandoned on a structure
shall be removed within 60 days of the abandonment unless otherwise
approved by the City of Watertown. All removal costs shall be the
responsibility of the utility.
A.Â
Authority. The Administrator or his or her designee has the authority
to enforce this chapter and those specific provisions related to individual
utility permits. As part of the administration of this chapter, the
Administrator may:
(1)Â
Adopt regulations governing the placement and modification of utility
facilities in addition to but consistent with the requirements of
this chapter, including regulations governing attachment or collocation,
the resolution of conflicting applications for placement of utility
facilities, and aesthetic standards.
(2)Â
Interpret the provisions of the chapter and the regulations the utility
facility is subject to.
(3)Â
Develop forms and procedures for submission of applications for utility
facilities with this chapter.
(4)Â
Collect any fee required by this chapter.
(a)Â
The applicant must provide an application fee and shall be required
to pay all costs reasonably incurred in reviewing the application,
including cost incurred in retaining outside consultants.
(5)Â
Require, as a condition of completeness of any application, notice
to members of the public that may be affected by the placement or
modification of a utility facility that is subject of the permit application.
(6)Â
Establish deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with
federal laws and regulations.
(7)Â
Issue notices of incompleteness or requests for information in connections
with any wireless permit application.
(8)Â
Select and retain an independent consultant or attorney with expertise
in the utility facility to review any issue that involves specialized
or expert knowledge in connection with any permit application.
(9)Â
Coordinate and consult with other City of Watertown staff, committees,
consultants, and governing bodies to ensure timely action on all other
required permits under this chapter.
(10)Â
Subject to appeal as provided in § 457-26B of this chapter, determine whether to grant, grant subject to conditions, or deny an application.
(11)Â
Take such other steps as may be required to timely act upon
utility facility permit applications, including issuing written decisions
and entering into agreements to mutually extend the time for action
on an application.
B.Â
Appeal to the City of Watertown Common Council. Any person adversely
affected by the decision of the Administrator may appeal that decision
to the City of Watertown Common Council, which may decide the issues
de novo, and whose written decision will be the final decision of
the City of Watertown.
C.Â
Failure to comply. At the Administrator's option, the following measures
may be taken if a utility fails to comply with this chapter or its
permit provisions:
(1)Â
Verbal request for corrective action. The request shall include:
(a)Â
The reason(s) why the present or completed operation is (was)
not in compliance with this chapter or the permit provisions;
(b)Â
What steps shall be taken to correct the situation; and
(c)Â
What additional actions may be taken if § 457-26C(1)(b) is disregarded [§ 457-26C(2) through 457-26C(7)].
(2)Â
Written reprimand. A written reprimand shall be sent to the utility
for violating this chapter or its permit provisions when the utility
does not comply with the verbal request.
(a)Â
The written reprimand shall contain the same information as
the verbal request and shall serve as documentation for the violation.
The Administrator shall be responsible for writing and sending the
reprimand.
(3)Â
Suspension of work activities. If a responsible person of an inspected
work site fails to comply with a verbal request, the Administrator
may order the suspension of all work activities at the site.
(a)Â
The Administrator shall then contact an authority of the utility
to explain why the operation was suspended and what action needs to
be taken before work can resume.
(4)Â
Removal of installed facilities. Any facility installed by a utility
shall be in the location shown on the approved permit. If such a facility
is discovered in an unacceptable location and the utility is notified,
the utility shall have two weeks' response time to decide on its corrective
action. If the utility fails to take corrective action, the Administrator
shall take action to have the facility relocated or removed at the
utility's expense.
(a)Â
The permittee shall remove the improperly placed facility and
put it in an approved location. If the utility fails to relocate the
facility, the City of Watertown shall have the facility removed and
bill the permittee for such work.
(5)Â
Permit revocation. When a utility continues to be in noncompliance
with this chapter or its permit provisions, the Administrator may
revoke the utility's permit. The utility may reapply for a permit
to the Administrator when it can demonstrate a good faith effort to
comply.
(6)Â
Public Service Commission (PSC) notification. Continued violations
by a utility of this chapter or its permit provisions may cause the
Administrator to notify the PSC and request its assistance in correcting
the situation.
(7)Â
Withholding approval of future permits. Continued violations by a
utility of this chapter or its permit provisions may cause the Administrator
to withhold approval of permit applications for that utility until
the violations are corrected to the satisfaction of the Administrator.
The severity and number of written reprimands against a utility may
serve as a guide in determining future permit approval.
D.Â
Procedures. When a utility site is inspected by the Administrator
to determine compliance with this chapter or its permit provisions,
the following procedures may be utilized:
(1)Â
Inspection of work in progress. Upon reaching a work site, the Administrator
shall locate a responsible person and ask to review and discuss the
utility operation. If applicable, a review of a copy of the permit
which the utility or its contractor is required to have available
at the site shall also be performed.
(a)Â
If the Administrator decides that changes to the operation are
needed in order to bring it into compliance with this chapter or provisions
of its permit, then a verbal request is the first corrective measure
that shall be taken.
(2)Â
After a permitted operation has been completed, the utility is required
to notify the Administrator that work on the permit is complete and
the job site is subject to an inspection by the Administrator. If
the work was done in violation of this chapter or the provisions of
a utility's permit, then a verbal request is the first corrective
measure which shall be taken. The utility shall have two weeks' response
time to decide on its corrective action.
E.Â
Immediate action (work in progress). When a utility operation or
installation is not in compliance with this chapter or the provisions
of its permit and is adversely affecting public health, safety, and
welfare, the Administrator shall then call the City of Watertown Police
Department to have the utility or its contractor(s), subcontractor(s),
or consultant(s) removed from the City of Watertown's right-of-way.
The Administrator shall also take corrective measures to return the
right-of-way to a safe operating condition.
A.Â
Introduction. This section specifies responsibilities and the procedures
that a utility shall follow when environmental conditions are encountered
in the right-of-way. These conditions include, but are not limited
to archeological sites, historic structures, contaminated soils, underground
storage tanks (USTs), and leaking underground storage tanks (LUSTs).
B.Â
City of Watertown responsibility. The Administrator shall notify
a utility when its facilities may be affected by a proposed improvement
project. If the utility confirms that its facilities are in the vicinity
of the improvements, the Administrator shall mail the utility at least
that portion of the improvement plan that concerns those facilities.
The Administrator shall also provide any additional and duplicate
plan information needed by the utility to design and lay out the removal,
relocation, or adjustment of the existing utility facilities and the
placement of relocated or additional facilities within the project
limits. This includes furnishing a utility with information regarding
any environmental conditions if site assessments are performed as
required part of the Administrator's project investigation. This information
shall be considered for "informational purposes only" since data may
change from the time an investigation is completed until the time
a report is reviewed.
C.Â
Utility responsibility. The utility shall be responsible to perform
a site assessment for its own facilities. Utilities which obtain a
permit from the City of Watertown shall be solely responsible for
surveying the right-of-way for environmental conditions solely for
its own purpose where utility construction or utility maintenance
will occur to determine if said area is an endangered species habitat.
The utility shall be fully responsible for preservation or mitigation
of said habitat in compliance with regulations promulgated by the
Wisconsin Department of Natural Resources. Areas of concern are habitats
for species specified by the DNR.
D.Â
Site assessments. If contacted, the Administrator will provide any
information it has available on environmental issues under the public
records law.
(1)Â
When a utility needs to do site assessments (investigations), the
procedures listed in the Wisconsin Department of Transportation's
Facilities Development Manual may be used as a guide. Specifically,
Chapter 26 has information on archeological and historic assessments,
and Chapter 21, Section 35, has information regarding contaminated
site assessments.
(2)Â
The City of Watertown recommends that site assessments be performed
by a qualified historian, archeologist, or environmental consultant
if the utility does not employ personnel specifically qualified for
this work.
E.Â
Discovery of environmental conditions. Whether the discovery of environmental conditions occurs during a site assessment, facility installation, or maintenance operation, all work shall be suspended immediately. Failure to do so may result in financial responsibility for the utility due to subsequent site assessment, mitigation, remediation, or possible fines. Specifically, if a utility fails to comply with § 457-27E of this chapter, it may be responsible for a percentage of the costs depending on how much worse the situation became due to the utility's action. A checklist has been developed to help the utilities obtain the necessary information which may be asked of them by site investigators. The checklist shall be included with the permit application.
(1)Â
If the sites poses a possible health or safety risk, the City of
Watertown Police and Fire Departments shall be notified immediately
and the utility shall take the necessary steps to provide for the
safety of people and property in the area. After suspended operations,
the utility shall contact the offices listed in Table A depending
upon the type of conditions discovered.
Table A: Notification Table (Note: Call all that apply)
| |
---|---|
Utility Discovers Environmental Condition within City of Watertown
Right-of-Way
| |
Category
|
Please Call
|
Archeological Sites or Historic Structure
| |
Historic structure
|
State Historic Preservation Office
(608) 264-6512
|
Archeological site
|
State Historic Preservation Office
(608) 264-6507
|
Burial
|
Burial Site Preservation Office
(608) 264-6507 or (800) 342-7834
|
Utility project but no City of Watertown project
|
City of Watertown Street Department
(920) 262-4080
|
City of Watertown projects
|
City of Watertown Street Department
(920) 262-4080
|
Contaminated Soils, USTs, LUSTs, etc.
|
City of Watertown Street Department
(920) 262-4080
|
Local DNR Office1
|
DNR Regional Office
(608) 275-3266 or (608) 266-2621 or
(608) 743-4800 or (608) 935-3368
|
Utility projects but no City of Watertown project
|
City of Watertown Street Department
(920) 262-4080
|
Department project
|
City of Watertown Street Department
(920) 262-4080
|
1 Required under Wisconsin
law.
|
(2)Â
The Administrator will notify the utility when it can resume its
operation.
F.Â
Utility facility placement options. When environmental conditions
are discovered in the right-of-way, the DNR or State Historic Preservation
Office (SHPO) shall determine whether the utility can locate its facility
within the affected area. Based upon their decision, the following
may occur:
(1)Â
The utility entirely avoids the affected area:
(a)Â
The DNR or SHPO mandates that the area shall be left in its
natural state, and no utility facilities shall be allowed in the area.
(b)Â
The utility decides that it wants to locate in another area and avoid possible delays to its project due to site assessments, remediation, mitigation, or the possible decision noted in § 457-27F(1)(a).
(2)Â
Utility can locate around or through the affected area:
(a)Â
The DNR or SHPO orders the site to be completely remediated
or mitigated before any utility installation can take place. The utility
would then have a clear corridor in which to locate its facility.
(b)Â
The DNR or SHPO decides that the area can be left in its natural
state, but any area that is disturbed or affected by the utility operation
(based upon the DNR's or SHPO's assessment) has to be remediated or
mitigated. The utility may also elect to go around the area, if possible,
and avoid remediation or mitigation after getting approval for a permit
revision.
(c)Â
The DNR or SHPO decides that the area can be left in its natural
state, and the conditions do not have to be remediated or mitigated
as long as the utility exercises extreme care to avoid any significant
disruption to the area. In the case of an archeological or historic
site, a utility may be allowed to place a facility in an area that
was already disturbed. In the case of hazardous materials site, a
utility would have to utilize construction methods that would prevent
any contamination from spreading.
(3)Â
Unless the City of Watertown has taken charge of the remediation or mitigation process due to a City of Watertown project, a utility that decides to locate its facility through an affected area, as described in § 457-27F(2), shall document in its permit application that it has contacted the DNR or SHPO and has received the proper authorization to locate in the area along with its proposed construction methods. The utility will be responsible for all associated costs.
G.Â
Financial responsibility. When a utility performs an initial site assessment on City of Watertown right-of-way, either with a project of its own or because a City of Watertown project is not required to obtain environmental information, the utility shall bear the cost of the assessment. If an environmental site is exposed, a DNR assessment must be performed. No matter who performed the initial assessment or even if they were done, a utility that discovers any environmental conditions shall not be responsible for assessment, mitigation, or remediation cost provided it had complied with § 457-27E of this policy and avoids the site by placing its facility in another permitted location. Table B specifies who may have to pay for assessments, mitigation, or remediation costs depending on the situation.
Table B: Financial Responsibility
| ||
---|---|---|
Utility Discovers Environmental Conditions While Working on
City of Watertown Right-of-Way
| ||
AND DECIDES TO LOCATE IN THE AFFECTED AREA
| ||
Category/Activity
|
Who Pays for the Activity?
| |
Archeological Sites or Historic Structures
| ||
A)
|
Site assessments (identification or evaluation surveys)1
| |
Utility project but no City of Watertown project
|
Utility
| |
City of Watertown project
|
Utility or City of Watertown2
| |
B)
|
Mitigation1
| |
State Historic Preservation Office order
|
Utility
| |
No State Historic Preservation Office order
|
Utility
| |
Contaminated Soils, USTs, LUSTs, etc.
| ||
C)
|
Site assessments
| |
Utility project but no City of Watertown project
|
RP4 or City of Watertown or Utility3
| |
City of Watertown project
|
RP4 or City of Watertown or Utility3
| |
D)
|
Remediation
| |
DNR order
|
RP4 or City of Watertown or Utility3
| |
No DNR order
|
Utility
|
1.
|
City of Watertown policy is to not spend available resources
for assessment or mitigation, but rather to preserve archeological
sites and historic structures in place. This is in accordance with
§ 106 of the National Historic Preservation Act.
|
2.
|
Applicable only when the City of Watertown is required to obtain
environmental information for its project.
|
3.
|
Specifically, if a utility fails to comply with § 457-27E of this chapter, it may be responsible for a percentage of the costs depending upon how much worse the situation became due to the utilities action.
|
If the City of Watertown is not the RP4, then a utility which incurs costs due to encountering contaminated
soils, USTs or LUSTs will have to recover them from the RP4.
| |
4.
|
RP = Responsible party (owner of the source of the hazard as
determined by the DNR).
|
A.Â
Need for a permit. A utility shall obtain a permit from the City of Watertown before any use or occupancy of the City of Watertown's right-of-way is allowed. This includes utilities that want to occupy existing pole line or duct systems (e.g. CATV attaching to another utility company's existing poles). Exceptions to this are enumerated in §§ 457-47 through 457-51.
B.Â
Permit authorization to use and/or occupy right-of-way. By issuance
of a permit, the City of Watertown formally indicates that, subject
to all applicable permit conditions, a specified use and/or occupancy
of right-of-way is not adverse to the right-of-way interests at the
time of permit approval.
(1)Â
The City of Watertown does not warrant that public title to the right-of-way
is free and clear, does not certify that it has sole ownership, and
does not indicate any intention to defend the utility in its peaceful
use and occupancy of said lands.
(2)Â
The permit does not transfer any land, nor give, grant, or convey
any land right, right in land, or easement subject to applicable statutes.
(3)Â
Written authorization from the City of Watertown does not relieve
the utility from compliance with all federal and state laws and codes
and local laws and ordinances which affect the design, construction,
materials, or performance of its work. The City of Watertown authorization
shall not be construed as superseding any other governmental agency's
more restrictive requirements.
(4)Â
The utility should retain a copy of the permit in its files during
the entire time the facility is located in, over, or under the City
of Watertown's right-of-way and shall have a copy available at the
job site during construction.
A.Â
General policy. A utility's request to use and occupy the right-of-way
cannot be considered until adequate information is provided regarding
its proposed work. The amount of detail will vary with the complexity
of the installation and the right-of-way involved, but must include
the appropriate permit application form, dimensioned drawings or sketches,
and installation information so that the effect of the right-of-way
operation, pedestrian safety, bicyclist safety, traffic safety, and
visual qualities can be evaluated.
B.Â
Utilities shall only use the application form which is made by the
City of Watertown. Alteration of the permit application form by the
applicant is prohibited and shall be just cause for application rejection
or permit revocation.
(1)Â
The utility must submit both a paper copy and an electronic copy
(in a searchable format) of any application, with an authorized signature,
as well as any amendments or supplements to the application or response
to requests for information regarding an application, to the Administrator.
An application is not complete until both the paper and electronic
copies are received by the Administrator. The name of the applicant
(including any corporate or trade name), and the name, address, email
address, and telephone number of a local representative shall be included
on each permit application form.
C.Â
Permit limits. The permit application form shall include the limits
(project endpoints) of all proposed work. The permit authorizes only
the described work of and for the applicant indicated on the face
of the permit. The permit shall not grant authority for the present
or future installation of any other facility.
D.Â
Permit drawings. Each permit application shall contain adequate drawings
showing the proposed right-of-way improvement and any existing utility
facilities. The details shall include the dimensions from the proposed
utility installation to the commonly accepted right-of-way line and
edge of the traveled way.
(1)Â
For right-of-way crossings, a cross-section detail showing depth
of bury or overhead clearance is required along with the location
of any bore pits (if needed). A distance reference from the crossing
to the nearest public roadway intersection is also required. Land
ties (e.g. approximate distance from the proposed facility to side
road intersections, municipal boundaries, etc.) shall be submitted
with all permit application drawings.
E.Â
Installation information.
(1)Â
The utility shall provide the following installation information:
(a)Â
This information shall include, but not limited to, a general
description of the location, size, type, nature, and extent of the
utility facilities to be installed or to be adjusted, and the impact
on the utility's existing facilities to remain in place within the
right-of-way.
(b)Â
The Administrator may require a utility to provide a description
of proposed construction procedures, special traffic control and protection
measures, proposed access points, coordination of activities with
the Administrator, or trees to be removed.
(c)Â
When an attachment to a structure is proposed, the Administrator
shall request additional information. This information may include,
but not limited to, bridge number, weight of lines, hanger spacing,
hanger details, tolerances of the structure on which it will be attached,
and expansion/contraction details.
F.Â
English units. The City of Watertown is expecting to work exclusively
with English units which shall be used on all permit application forms
and submittals.
G.Â
Certification. A certification by a registered and qualified engineer
that the installation and/or utility facility will meet all applicable
tolerances and safety standards required for the permitted project.
H.Â
Certificate of insurance. A certificate of insurance is to be furnished
to the Administrator evidencing in form coverages and limits acceptable
to the City of Watertown that the applicant has the capability to
cover any liability that might arise out of the presence of the utility
facility in the right-of-way; in addition:
(1)Â
The City shall be an additional insured as evidenced on a certificate
of liability insurance; and
(2)Â
A certificate of insurance shall contain an acknowledgement attested
by the insurer that prior to modification, cancellation or termination
of the subject policy, written notice shall be sent to the Administrator
by said insurance company.
A.Â
General policy. A utility shall obtain a permit for the City of Watertown
before installing any type of service line that requires a connection
from an existing distribution facility within the right-of-way. However,
the City of Watertown recognizes that a utility must respond promptly
to its customers when they request service connections to their homes
or businesses. In order to help expedite the process, a utility may
apply for an annual service connection permit (ASCP) from the City
of Watertown which bypasses the normal permit approval process and
electronically send each proposed service location permit.
B.Â
Application information. A utility shall use the City of Watertown's
standard permit application to apply for an ASCP which shall be sent
to the Administrator for review. The ASCP shall only be effective
during the calendar year. A copy of the ASCP shall be kept on the
job site at all times.
(1)Â
The Administrator may reject an ASCP application if a utility has
been delinquent in rectifying previous or current installations which
violate this chapter (e.g., site restoration). In addition the Administrator
may suspend or permanently revoke an ASCP due to violations of this
chapter.
C.Â
Coverage. The ASCP shall pertain to service connections only. In
addition, an extension of the existing distribution line up to 300
feet is allowed to facilitate the installation of the service. Both
overhead and underground short-side (same side of right-of-way and
the distribution line) service connections are allowable. See Figures
2 and 3. Long-side (opposite side of right-of-way as the distribution
service line) service connections are also allowable, but may be limited
to underground installation. See Figures 4 and 5.
D.Â
Implementation.
(1)Â
Once an ASCP has been approved by the Administrator, a utility shall
implement the following process to obtain approval for installing
a service connection. A utility shall submit, electronically, a location
sketch of the proposed service for the Administrator to review at
least three business days prior to the start of work. A copy of the
utility's work order may be sufficient for this. The information provided
shall include the:
(2)Â
An ASCP does not authorize a utility to start work. The Administrator
shall notify the utility within three working days of receipt of the
utility service connection request when it is okay to proceed with
the proposed service work - usually by telephone, return fax, or email
unless another method is specified by the utility. If the utility
does not hear from the Administrator prior to commencing work, it
should call the Administrator.
E.Â
Work restrictions.
(1)Â
If a utility cannot meet all of the conditions listed below, then
it shall obtain a regular permit for that specific service connection.
Under an ASCP, all work shall be done:
(a)Â
Without any interference or disruption to traffic. Exceptions
may be granted for low-volume (500 ADT or less).
(b)Â
Without open cutting the pavement, paved shoulders, sidewalk,
shared-use paths, or medians.
(c)Â
For long-sided connections, using untrenched construction techniques only. Any boring machine that is used shall not be guided from the roadway surface. The use of the median area is prohibited per § 457-37B - even to check or guide the boring machine. Boring shall be accomplished no closer to the roadway than the toe of inslope or back of curb in accordance with § 457-43B. The bore shall be perpendicular to the roadway.
(2)Â
Overhead, long-sided service connections may be allowed on low-volume
(500 ADT or less) roadways during off-peak travel hours. The use of
a law enforcement officer to stop traffic may be required.
The Administrator has the right to modify the utility's permit
application as necessary to protect the right-of-way interests. The
modification may be more restrictive than what was originally proposed.
The permit, as approved, shall embody the conditions to which the
utility shall comply in order to use or occupy the right-of-way. Changes
to the permit could include, but not limited to, changing traffic
control plan, utility location due to conflicts, or utility locations
due to field conditions.
A.Â
General location. Utility facilities shall be located in such a manner
in order to minimize the need for later adjustment to:
(1)Â
Accommodate proposed right-of-way improvements.
(2)Â
Permit servicing or expanding such lines without obstruction or interference
to the free flow of pedestrian, bicyclist, or vehicular traffic within
the right-of-way.
(3)Â
Provide adequate vertical and horizontal clearance between an underground
utility facility and a structure or other right-of-way facility to
allow maintenance of all facilities.
(4)Â
Be outside of the 45° cone of support for the footing of all
right-of-way structures.
B.Â
Crossing location. Utility facilities shall cross the right-of-way
on a line as nearly perpendicular to the right-of-way alignment as
possible. Conditions which are generally unsuitable or undesirable
for underground crossing should be avoided. Crossing locations to
be avoided include:
(1)Â
Deep cuts.
(2)Â
Near footings of bridges or retaining walls.
(3)Â
Across roadway intersections at grad or ramp terminals.
(4)Â
At cross drains where the flow of water may be obstructed.
(5)Â
Within basins of an underpass drained by a pump.
(6)Â
In wet or rocky terrain where it will be difficult to attain minimum
bury.
C.Â
Underground longitudinal location. The longitudinal location of underground
utility facilities within the right-of-way shall provide as much clearance
from the traveled way conditions will allow. Such lines shall be on
uniform alignment and be located at or as near as practical to the
right-of-way line.
(1)Â
To maintain a reasonably uniform utility alignment, location variances
may be allowed when irregular-shaped portions of the right-of-way
extend beyond the normal right-of-way limits.
D.Â
Aboveground longitudinal location. The longitudinal location of aboveground
utility facilities shall be outside of the clear zone. Such lines
shall be on uniform alignment and be located at or as near as practical
to the right-of-way line. Exceptions may be granted when no other
location is feasible or when the clear zone extends to the right-of-way
line.
(1)Â
If any aboveground utility facility is within the clear zone or is
determined to be in a location that has a higher than average accident
potential, the Administrator may require:
(2)Â
To maintain a reasonably uniform utility alignment, location variance
may be allowed when irregular-shaped portions of the right-of-way
extend beyond the normal right-of-way limits.
E.Â
Existing utilities.
(1)Â
When a utility facility exists within an existing or proposed right-of-way,
it may remain provided it does not adversely affect right-of-way safety
based on sound engineering judgment and economic considerations of
the right-of-way improvement cost and utility moving cost. The existing
facility shall be relocated if:
F.Â
Subsurface utility engineering. The use of subsurface utility engineering
(SUE) to locate buried facilities is approved by the Administrator.
Any utility installation using SUE shall be noted on the permit application
form.
A.Â
General policy. Appurtenant facilities such as pedestals, manholes,
vents, drains, rigid markers, valve and regulator pits, etc., should
be located outside of the clear zone and near or at the right-of-way
line. Manholes, valve pits, etc., should be installed so that their
uppermost surfaces are flush with the adjacent undisturbed surface.
(1)Â
All utility pedestals, cabinets, transformers, and other aboveground
(i.e., not flush with the ground) structures located within the right-of-way
shall be adequately marked. Markers shall be installed and maintained
by the utility owner. The City of Watertown will not be liable for
damage done to aboveground utility structures that are not adequately
marked.
B.Â
Buildings. Buildings shall not be located on the right-of-way. Exceptions
may be granted in cases where the building can be located on City
of Watertown-owned right-of-way. Examples of this include, but are
not limited to, park-n-ride lots, rest areas, remnant parcels, and
zero-lot line zoning districts (e.g., the Central Business Zoning
District). Buildings shall still be located outside of any clear zone,
if applicable.
C.Â
Cabinets. Cabinets should not be located on the right-of-way. When
cabinets are allowed on the right-of-way they should be placed at
a location not vulnerable to an errant vehicle and at or as near as
practical to the right-of-way line. Foundations beneath cabinets shall
be flush with the existing ground or proposed ground slope if associated
with a right-of-way construction project.
D.Â
Manholes. Manholes shall not be located in the pavement and should
not be located in the shoulders of heavily traveled roadways. Exceptions
may be made on rights-of-way where manholes are essential parts of
existing lines. New manhole installations shall be avoided at roadway
intersections.
A.Â
Underground. The depth of bury for underground facilities within
the right-of-way shall be a minimum of 24 inches as measured from
the finished ground surface to the top of the facility except under
ditch or swale bottoms where it shall be a minimum of 30 inches at
the time of installation.
(1)Â
The depth of bury for underground facilities crossing the roadway
shall be a minimum of 30 inches as measured from a straight line connecting
the lowest points of the finished ground or pavement surface on each
side of the right-of-way to the top of the facility at the time of
installation.
(2)Â
When a permit is requested by a utility and a future road project
is anticipated, the utility may be required to bury deeper in accordance
with the City of Watertown's plans.
(3)Â
Where minimum bury is not feasible, the facility shall be rerouted
or protected with a casing, concrete slab, or other suitable measures.
In solid rock, the depth of bury may be reduced if adequate protection
is provided. All utilities shall obtain prior approval from the City
of Watertown before burying any facility less than the minimum depth
required.
B.Â
Overhead. Vertical clearance for overhead utility facilities installed
after September 3, 2019, shall comply with all applicable state and
national electrical codes. In all cases, facilities crossing over
the right-of-way shall at no time be less than 17 feet above the high
point of the right-of-way. All preexisting facility clearances before
September 3, 2019, are grandfathered under the applicable state and
national electric codes in effect at the original date of installation.
Unless otherwise agreed to by the utility and the City of Watertown,
facility clearances affected by the normal an emergency work activities
as defined in the maintenance section of this chapter, which do not
require a new permit, are also grandfathered.
A.Â
General definitions.
(1)Â
Attachments to right-of-way structures should be avoided. However,
attaching utility lines to right-of-way structures may be permitted
when they do not materially affect the:
(2)Â
The utility shall be responsible for all City of Watertown costs
associated with such attachments. This includes, but is not limited
to, additional design time, increased deck thickness, and future bridge
maintenance (painting and inspection).
B.Â
C.Â
Installation openings. The opening created in the bridge abutments
to allow passage of the permitted facility shall be of the minimum
size necessary.
(1)Â
The opening in the abutment around the permitted facility shall be
completely filled to seal opening and effectively preclude the leakage
of any moisture or backfill material through the abutment.
(2)Â
If the utility sleeves the facility through the abutment, the sleeve
shall be tight-sealed into the abutment. Any space between the sleeve
and facility it encloses shall be sealed.
A.Â
Collocation generally. Subject to the provisions of this section,
collocation of utility facilities is generally preferred over new
support structures if it can be accomplished in a way that better
compliments the character of the surrounding area.
B.Â
Collocation with nonmunicipal facilities. Collocation on facilities
or support structures owned by parties other than the City of Watertown
is subject to the following:
(1)Â
Where an existing facility or support structure can potentially accommodate
collocation of a new wireless facility, collocation will be required
unless:
(a)Â
The applicant submits substantial evidence supporting the unsuitability
of the collocation;
(b)Â
The owner of the existing facility or support structure is unwilling
to accommodate the applicant's equipment and cannot be required to
cooperate; or
(c)Â
The Administrator determines that installing a new support structure
or collocation with a City of Watertown facility is preferable to
collocation with another facility or support structure.
(2)Â
Authorization for collocation on a facility or support structure
owned by a party other than the City of Watertown will be voided if
the facility or support structure is destroyed, removed, relocated,
or replaced, unless:
A.Â
General policy. On both crossing installations and longitudinal installations,
poles, guys, or other related facilities shall not be located in a
highway median.
B.Â
Median work. No work shall be performed in the median of any right-of-way
without prior approval from the Administrator. When the median work
is authorized, it shall conform to the following provision unless
otherwise stated within the utility's permit:
(1)Â
The permittee or its contractor shall notify the City of Watertown
Emergency Dispatch Center of the expected beginning and completion
time of work in the median. The phone number has been included on
the permit application.
(2)Â
All equipment, operations, and spoil materials shall be located within
the center area of the median.
(3)Â
No openings, vehicles, equipment, or materials of any type shall
be located within the median overnight.
(4)Â
All vehicles used to conduct the work operation shall be equipped
with conspicuously visible roof-mounted revolving or strobe lights.
These lights shall be in operation just prior to and during the work
operation. Hazard warning lights on the vehicles shall also be operating.
Breakaway or yielding facilities along the right-of-way should
be set as far back as feasible to prevent a pole or other device from
falling onto the traveled way when struck by an errant vehicle.
A.Â
B.Â
Scenic areas. Areas which have been acquired, set aside or designated
for their scenic or historical quality, such as historic districts/sites,
public parks, recreation areas, rest areas, overlooks, etc., and the
right-of-way which traverses these areas, are in a special category
and new utility installations shall not be permitted except as provided
in this section.
(1)Â
New underground utility installations may be permitted within scenic
areas when the installation does not require extensive removal or
alteration of trees or other natural features visible to the right-of-way
user and does not impair the visual quality of the lands being traversed.
(2)Â
New overhead installations shall be prohibited at such locations
where there is feasible and prudent alternative to the use of the
scenic areas by the overhead facility. When this is not the case,
installations will be considered only where:
(a)Â
Other locations are unusually difficult, unreasonably costly,
or are undesirable from the standpoint of visual quality.
(b)Â
An underground installation is not technically feasible or it
is unreasonably costly.
(c)Â
The proposed installation can be made at a location (and will
employ suitable designs and materials) which gives adequate protection
to the visual qualities of the area being traversed.
(d)Â
New overhead installations, including support structures, towers,
and utility poles must not be made of wood.
(3)Â
These controls shall also be followed in the location and design
of utility installations that are needed for a right-of-way purpose,
such as for right-of-way lighting, or to serve a rest or recreation
area.
C.Â
Height restrictions.
(1)Â
Support structures, towers, and utility poles. The height of a support
structure, tower, or utility pole in the right-of-way may not exceed
the greater of 50 feet above ground level or 10 feet above the tallest
existing support structure, tower, or utility pole (whichever is lesser)
that is in place on the effective date of this article and that is
located in the same right-of-way and within 500 feet of the facility
that is the subject of the application.
(2)Â
Small wireless facility. The height of a small wireless facility
in the right-of-way may not exceed the greater of 50 feet above ground
level or 10 feet above the tallest existing support structure, tower,
or utility pole (whichever is lesser) that is in place on the effective
date of this article and that is located in the same right-of-way
and within 500 feet of the facility that is the subject of the application.
(3)Â
No utility structure's height may extend in to the City of Watertown's
Airport Approach Protection Zone.
D.Â
Graffiti removal. All graffiti on facilities shall be removed at
the sole expense of the permit holder within 48 hours after notification
from the City of Watertown.
A.Â
Permit at job site. When the Administrator issues a permit to a utility
for its proposed work, a complete copy of the permit shall be in possession
of the utility's work force, consultant, contractor, or subcontractor
at all times when utility work is being performed within the right-of-way.
This includes the annual service connection permit when appropriate.
B.Â
Use of right-of-way median. Any use of a right-of-way median is prohibited unless specifically authorized by a permit. See § 457-37B for specific conditions that shall be met if median work is permitted.
C.Â
Use of temporary guard poles. No guard pole shall be set within the right-of-way unless specifically authorized by a permit. By definition, a guard pole is used to prevent aerial lines from falling onto the right-of-way. Any guard pole permit in the clear zone shall comply with § 457-32D.
D.Â
Unexpected field conditions. Any modification of the terms of the
approved permit to meet changed or unexpected field conditions shall
require approval from the Administrator.
E.Â
Blasting. Blasting on the right-of-way is prohibited unless specifically
authorized by a permit.
F.Â
Survey markers. No City of Watertown, county, state, or federal survey
marker (e.g., right-of-way marker, benchmark, etc.) shall be disturbed
unless prior approval has been obtained by their owner(s).
(1)Â
Any Public Land Survey (PLS), Certified Survey Map (CSM), or City
of Watertown survey marker that is disturbed, removed, or destroyed
shall be restored by the utility at its expense under the supervision
of a registered land surveyor (Reference Wisconsin State Statute § 236.32).
G.Â
Vegetation. No tree or shrub shall be sprayed, cut, trimmed, or damaged
to facilitate the installation of a utility facility unless specifically
authorized by a permit. Vegetation which is proposed to be damaged
or destroyed may have to be replaced at the discretion of the Administrator.
When the removal of a tree is permitted, the stump shall be removed
and the hole properly backfilled or cut flush with the ground upon
approval from the Administrator. At no time shall trees or shrubs
be cut on City of Watertown right-of-way in front of a property owner's
home, yard, business, etc., without approval from the Administrator.
(1)Â
Utilities should be aware of rare or endangered plant species or
animal and insect species that feed off of native vegetation in the
right-of-way that must be protected or avoided by law. Utilities may
receive assistance in identifying these areas by calling the local
DNR office. The chipping or grinding of trees may be allowed by the
Administrator on a permit-by-permit basis. This includes spreading
the resulting mulch evenly over the right-of-way such as not to leave
mounds or humps or interfere with drainage.
H.Â
Completion notice. Upon completion of permitted work and restorations,
written notice shall be filed with the Administrator within 10 calendar
days of the completion date indicated on the face of the permit application
form. A completion certificate will be provided with permit.
I.Â
Highway signs. A utility shall not remove any highway sign unless
approved in its permit.
A.Â
Authority.
(1)Â
All traffic control for utility work performed on City of Watertown
right-of-way shall abide by:
(a)Â
The current Wisconsin Manual on Uniform Traffic Control Devices
(MUTCD) and any supplements thereto.
(b)Â
Section 643 in the current edition of the Wisconsin Department
of Transportation's Standard Specifications for Highway and Structure
Construction.
(c)Â
Traffic control will be in accordance with appropriate diagrams
found in the Wisconsin Department of Transportation Booklet titled
"Work Zone Safety Guidelines for Construction, Maintenance, and Utility
Operations, current edition."
(2)Â
The standards set forth in the Wisconsin MUTCD and any supplements
thereto are minimum guidelines, and additional traffic control shall
be used when necessary
B.Â
General policy. All utility work shall be planned and prosecuted
with full regard for safety and to keep interference with right-of-way
traffic to a minimum. On heavily traveled roadways, utility work interfering
with traffic may not be allowed during periods of peak traffic flow.
Any such work allowed shall be planned so that closure of intersecting
streets, road approached or other access points is minimized. No utility
work shall begin until all required warning signs, devices, and methods
adequate to protect the public are in place and fully functional.
These shall be maintained until all utility work is completed.
(1)Â
All operations shall be performed without closing all or obstructing
part of any highway traffic lane unless it is approved by the Administrator
and proper traffic control is specified.
(2)Â
All warning signs shall have reflectorized sheeting which shall comply
with § 643.2.12.2 of the Wisconsin Department of Transportation's
Standard Specifications for Highway and Structure Construction, current
edition. Warning signs shall be removed, covered, turned, or laid
flat when workers or workers' vehicles are not at the job site or
when the signs' message is not relevant. All barricades and barrels
shall be reflectorized with Type H reflective sheeting as a minimum.
Cones used during nighttime operations shall be at least 28 inches
in height and reflectorized.
C.Â
Traffic control selection.
(1)Â
Factors. When selecting the appropriate traffic control, consideration
shall be given to such factors as:
(2)Â
Long term duration. All stationary daytime utility work which takes
longer than one hour to perform should utilize the six traffic control
diagrams. The Administrator may require a more extensive control plan
if any of the following situations occur:
(a)Â
Utility work performed during nighttime hours.
(b)Â
Traffic control which is required overnight to protect the work
zone(s) during nonwork times.
(c)Â
Utility work performed in a continuously moving work zone. This
excludes moving from one stationary work zone to another.
(d)Â
Utility work which cannot be adequately protected by using the
six traffic control diagrams.
(3)Â
Short-term duration. Daytime utility work that will be completed
in one hour or less usually may not require the use of a formal traffic
control plan or the six traffic control diagrams. The utility is still
responsible for providing traffic control adequate to protect the
public health, safety, and welfare.
(a)Â
As part of this traffic control, all utility vehicles shall
have their high intensity flashing (strobe or revolving) and hazard
warning lights operating. Additional traffic control such as guard
(shadow) vehicles and impact attenuators may also be utilized.
A.Â
General. The utility is responsible to assure that the work site
is secure against any hazard to the public at all times until all
of the work is completed. Vehicles, equipment, and materials which
are in active use at the work site shall be regulated by the utility
as to assure consistently safe conditions.
(1)Â
Sheeting, shoring, bulkheads, or temporary/permanent concrete barriers,
etc., may be ordered by the Administrator if considered necessary
to protect the right-of-way and the traveling public.
B.Â
Equipment/material storage. Utility hardware or equipment which is
located at the work site but not immediately (same day) use should
be stored in a safe location off of the right-of-way. If this is not
practical, the equipment or material may be stored beyond the clear
zone and as close to the fence or right-of-way line as possible.
C.Â
Vehicle/equipment visibility. Vehicles and equipment shall have their
high intensity flashing (strobe or revolving) and hazard warning lights
operating when they are within the clear zone during work operations.
D.Â
Individual conduct. All City of Watertown, utility, and contractor
personnel who are out of their vehicles and within the right-of-way
should wear their retro-reflective safety vests at all times. During
daytime hours only the use of a highly visible, nonreflectorized shirt
or jacket is acceptable in lieu of a safety vest. Colors commonly
used for these garments include, but are not limited to, lime-green
and yellow-green.
A.Â
Trenched construction. Backfill with six inches to one foot of compacted
granular material or sand will be allowed to protect a utility's facility.
After the facility is protected, spoils from the trench excavation
or similar non-organic material shall be compacted in six- to eight-inch
layers to sub-grade so the trench will have similar frost properties
as the adjacent sub-grade material, unless there would be less than
24 inches between the facilities required covered material and the
subgrade elevation; then compacted granular material will be used
for all backfilling.
(1)Â
Open trench construction may be approved if all of the following
conditions prevail:
(a)Â
The pavement condition is at or below PASER rating 5.
(b)Â
The applicant/owner agrees to own the facility, pipe, casing,
or structure being installed and accepts the perpetual maintenance
responsibility of the facility and the excavation in accordance with
this chapter adopted by the City of Watertown Common Council.
(c)Â
The Administrator may require slurry backfilling of the excavation
if native soils are deemed unacceptable.
(d)Â
Privately owned installations shall be marked and identified
at the right-of-way/property line with signs. These markers shall
be maintained by the owner until the facility is removed or properly
abandoned.
(2)Â
Any trenching, tunneling, or excavating shall be performed in accordance
with the requirements of OSHA and the Wisconsin Department of Workforce
Development an any applicable local regulations.
(3)Â
The utility shall be responsible for any and all repairs and maintenance
of utility work in the right-of-way (perpetual responsibility of the
utility).
(4)Â
Pavement restoration. Pavement replacement for open-cut trenches
will be in-kind with a minimum of 14 inches of compacted granular
base and four inches of hot mix asphalt installed in two lifts. Prior
to paving, the utility will consult with the Administrator on the
specifics of pavement replacement, including limits of restoration
and saw cut requirements. The utility shall be responsible for all
future repair and maintenance of pavement.
B.Â
Untrenched construction. Untrenched construction shall be required
for all underground utility crossing of all rights-of-way that have
a paved or concrete surface and are open to pedestrian, bicycle, and
vehicular traffic unless specifically authorized in the permit.
(1)Â
Untrenched installation of utility facilities may be accomplished
by tunneling, driving, coring, and/or dry boring. Wet boring under
the right-of-way shall be prohibited unless specifically authorized
in the permit.
(2)Â
Boring shall result in a close fit to the facility being installed.
Untrenched construction shall, as a minimum, extend beneath the entire
roadway prism (from toe of inslope to toe of inslope or from back
of curb to back of curb). Ground openings or pits for such work should
be located outside of the clear zone and shall not interfere with
the right-of-way drainage.
(3)Â
When specifically authorized by the Administrator, the extent of
the untrenched crossing may be reduced or eliminated where such construction
methods are impractical or physically restricted by the terrain.
C.Â
Nonmetallic lines. Any nonmetallic pipe, cable, or other kind of
utility line which lacks a continuous and integral metallic component
capable of detection by locating instruments shall be accompanied
in is location by a continuous detectable metallic tracer wire or
metallic tape.
D.Â
Casing. Where crossing by underground lines are encased in protective
conduit or duct, the encasement shall extend at least two feet beyond
the toe of the slope or three feet beyond the ditch or swale line.
On curbed sections it shall extend at least outside the outer curbs.
A.Â
Worksite cleanup. All debris, refuse, and waste resulting from the
utility's activities shall be removed from the site and the pedestrian,
bicyclist, or motorist's view unless otherwise provided by the permit.
Burning of cuttings, brush, or other debris shall not be permitted.
(1)Â
All replaced poles shall be completely removed from the right-of-way.
No replaced pole shall be allowed to remain, in whole or in part,
and it shall not be sawed off. The pole's hole shall be properly backfilled
and compacted. All anchor rods shall be removed or cut off one foot
below ground level.
B.Â
Right-of-way restoration. The utility shall be responsible for restoring
the highway and the adjacent right-of-way to its original conditions
(as close as possible) within two weeks after completion of the facility
installation. Exceptions may be allowed (e.g., in the case of bad
weather) with prior approval from the Administrator. Failure of the
utility to make prompt and satisfactory restorations of the roadway
or adjacent right-of-way may cause the Administrator to arrange for
restoration by others at the utility's expense.
(1)Â
Any curb, gutter, pavement, sidewalk, driveway, gravel base, ballast,
shouldering material, or other right-of-way elements disturbed by
the utility shall be restored to the qualities, grades, compactions,
conditions, etc., in accordance with the Wisconsin Department of Transportation's
Standard Specifications for Highway and Structure Construction, current
edition. Any subsequent heavings, settlings, or other faultings attributed
to the permitted work shall be repaired in a manner satisfactory to
the Administrator at the utility's expense.
(2)Â
Any turfed area of the right-of-way disturbed by the utility shall
be restored with topsoil to the depth that existed prior to construction
within the right-of-way and reseeded to perennial grass or sodded
to the satisfaction of the Administrator. Trees or vegetation damaged
or destroyed shall be replaced in-kind unless specified in the utility's
permit. Once replaced, the utility shall also maintain the turfed
areas, trees, and vegetation until they achieve sustained growth.
(3)Â
If, in the opinion of the Administrator, the permitted work or facilities
are found to obstruct right-of-way drainage, unduly increase the difficulty
of right-of-way maintenance, or in any other manner adversely affect
a right-of-way interest, the utility shall, upon notice, cure the
fault as directed and restore the right-of-way facility to the satisfaction
of the Administrator.
The City of Watertown deems that all permitted work is subject to Chapter 288 of the Watertown Municipal Code.
A.Â
Standards. The minimum standards for the design, construction, operation, and maintenance of communication-type facilities (see § 457-50 for wireless telecommunications) shall be those embodied in the Wisconsin Administrative Code for each of the various utilities and phases of utility activities covered therein. When the City of Watertown's Municipal Codes are more restrictive, they shall govern. When neither the Wisconsin Administrative Codes nor the City of Watertown's Municipal Codes apply, the communication facility shall at least conform with the currently applicable National Electrical Safety Code.
B.Â
C.Â
Down guy locations. Guy wires to ground anchors and other supporting
or bracing devices shall not be placed between a pole and roadway
where they would encroach upon the clear zone unless specifically
authorized by the City of Watertown utilizing breakaway technology.
D.Â
Maintenance activities. Certain maintenance and other type of utility
activities are considered minor in nature and shall be allowed to
be performed in accordance with this policy. However, should any of
these selected maintenance activities to be performed significantly
impact the free flow of traffic on any right-of-way (closure of travel
lane, diversion of traffic, etc.), a permit shall first be obtained
from the Administrator. No additional permit is required for:
(1)Â
Repair or replacement of overhead service wire.
(2)Â
Repair or replacement for overhead cable and terminal hardware two
spans or less.
(3)Â
Replace pole, same location, maximum of two poles per 1/4-mile section.
(4)Â
Locate buried facilities.
(5)Â
Stake route for proposed buried cable.
(6)Â
Connect and test wiring at buried cable pedestal locations.
(7)Â
Crossarm, bracket, and hardware repair/replacement.
(8)Â
Add anchor, guy, or brace between pole and right-of-way line or no
closer to roadway than pole.
(9)Â
Trench a pole to maintain or increase roadside clearance.
(10)Â
Repair or replace overhead conductor two spans or less.
(11)Â
Line patrolling.
(12)Â
Inspection of manholes (including water removal, cable tagging,
and minor modifications, etc.).
(13)Â
Electrolysis surveys.
(14)Â
Test for location of underground lines.
(15)Â
Paint poles, towers, or crossarms.
(16)Â
Straighten pole, crossarm, or brace.
(17)Â
Test or treat existing pole.
(18)Â
Remove debris from overhead line.
(19)Â
Repair or add grounds.
(20)Â
Resag, reattach, or rearrange conductor.
(21)Â
Repair cable bonding.
(22)Â
Survey lines.
(23)Â
Replace pole tags and signs.
(24)Â
Reinforce existing pole.
(25)Â
Mark location of proposed pole; proposed cable.
(26)Â
Grass cutting or snow plowing.
(27)Â
Trim trees or remove brush for existing line.
(28)Â
Minor repair of lines (installation of buried splices, etc.).
(29)Â
Sign and marker installation/replacement.
(30)Â
Replace/remove line in existing duct.
(31)Â
Surveying and resetting reclosures.
A.Â
Standards. The minimum standards for the design, construction, operation,
and maintenance of electric-type utility facilities shall be those
embodied in the Wisconsin Administrative Code for each of the various
utilities and phases of utility activities covered therein. When the
City of Watertown's Municipal Code is more restrictive, it shall govern.
When neither the Wisconsin Administrative Codes nor the City of Watertown
Municipal Codes apply, the electrical power facility shall at least
conform to the currently applicable National Electrical Safety Code.
B.Â
Additional permit information. For transmission-type installations,
the permit application form shall specify the proposed operating voltage
or voltages.
C.Â
Type of construction. For aboveground (overhead) installations, the
following should be considered:
(1)Â
Single pole. Joint use single pole construction should be used:
D.Â
Down guy locations. Guy wires to ground anchors and other supporting
or bracing devises shall not be placed between a pole and the roadway
where they would encroach upon the clear zone unless specifically
authorized by the City of Watertown utilizing breakaway technology.
E.Â
Maintenance activities. Certain maintenance and other type of utility activities are considered minor in nature and shall be allowed to be performed without an additional permit same as § 457-47D. However, should any of these selected maintenance activities to be performed significantly impact the free flow of traffic on any right-of-way (closure of travel lane, diversion of traffic, etc.), a permit shall first be obtained from the Administrator. No additional permit is required for:
(1)Â
Switching.
(2)Â
Fuse replacement.
(3)Â
Transformer replacement.
(4)Â
Crossarm, bracket, and hardware repair/replacement.
(5)Â
Add anchor, guy, or brace between pole and right-of-way line or no
closer to the roadway than pole.
(6)Â
Trench a pole to maintain or increase right-of-way clearance.
(7)Â
Replace pole, same location, maximum of two poles per 1/4-mile section.
(8)Â
Repair or replacement of overhead conductor two spans or less.
(9)Â
Line patrolling.
(10)Â
Manhole inspection (including water removal, cable tagging,
minor modifications, etc.).
(11)Â
Electrolysis surveys.
(12)Â
Test for location of underground lines.
(13)Â
Paint poles, towers, or crossarms.
(14)Â
Straighten pole, crossarm, or brace.
(15)Â
Test or treat existing pole.
(16)Â
Clean insulators.
(17)Â
Remove debris from overhead line.
(18)Â
Repair of add grounds.
(19)Â
Resag, reattach, or rearrange conductor.
(20)Â
Sample or test insulating oil.
(21)Â
Repair cable bonding.
(22)Â
Install or remove transformer or regulator.
(23)Â
Survey lines.
(24)Â
Replace outdoor lighting bulbs and cleaning glass.
(25)Â
Repair or replace outdoor lighting control.
(26)Â
Reset time clock or control switch.
(27)Â
Replace pole tags or signs.
(28)Â
Reinforce existing pole.
(29)Â
Mark location of proposed pole/proposed cable.
(30)Â
Grass cutting or snow plowing.
(31)Â
Trim trees or remove brush for existing line.
(32)Â
Sign and marker installation/replacement.
(33)Â
Minor repair of lines (splice, etc.).
(34)Â
Replace/remove line in existing duct.
(35)Â
Repair or replace overhead service.
(36)Â
Reading service meters.
(37)Â
Locate buried facilities.
(38)Â
Surveying and resetting reclosures.
A.Â
Standards. The minimum standards for the design, construction, operation,
and maintenance of fluid- and gas-type utility facilities shall be
those embodied in the Wisconsin Administrative Code for each of the
various utilities and phases of utility activities covered therein.
When the City of Watertown Municipal Code is more restrictive, it
shall govern. In addition to the Wisconsin Administrative Codes and
the City of Watertown Municipal Code, the utility installations shall
at least meet the following requirements:
(1)Â
Water lines shall conform to the currently applicable specifications
of the American Water Works Association and the Standard Specifications
for Water and Sewer construction in Wisconsin.
(2)Â
Pressure pipelines shall conform to the currently applicable requirements
of Title 49, Code of Federal Regulations of the Office of Pipeline
Safety.
(3)Â
Liquid petroleum pipelines shall conform to the currently applicable
recommended practice of the American Petroleum Institute for pipeline
crossings under railroads and highways.
(4)Â
Sanitary and storm sewer shall conform to the currently applicable
specifications of the Standard Specifications for Water and Sewer
Construction.
B.Â
Irrigation and drainage pipes, ditches, and canals. Irrigation and
drainage facilities installed across the right-of-way generally shall
be designed and constructed in accordance with the Wisconsin Department
of Transportation's specifications as shown in Chapter 16, Standard
Detail Drawings, of the Facilities Development Manual. Appurtenances
which would constitute a hazard to traffic shall not be permitted
within the clear zone and should be located outside of the right-of-way.
Where ditch rider roads are adjacent to ditches or canals that cross
the right-of-way, consideration shall be given to safety, traffic,
operations, and economic features when providing for the continuity
of such roads.
C.Â
Requirements for appurtenances. Vent standpipes are not required
for casings but when used, the vent shall be located and constructed
to not interfere with maintenance of the highway nor be concealed
by vegetation. These pipes should stand near a fence or the right-of-way
line.
(1)Â
If drains are provided for casings, tunnels, or galleries enclosing
carriers of liquids, liquefied gases, or heavy gases, they shall not
outfall into right-of-way ditches or natural watercourses.
D.Â
Special treatment of pipelines.
(1)Â
General policy. Special treatment of pipelines beneath right-of-way
or any median, should not be required provided the pipe would be installed
by jacking and/or dry boring the carrier pipe to an essentially snug
fit.
(2)Â
Special treatment. The Administrator shall require special treatment
such as casing, cathodic protection, thickened wall carrier pip, coating
and wrapping, concrete sleeves, or caps of particular pipe crossings
if, in the determination of the Administrator, such installation shall
be more protective of the right-of-way or of the public health, safety,
welfare, and convenience of the traveling public. Some examples of
location where special treatment may be required include, but are
not limited to, the following:
(a)Â
Locations where a pipeline (whether crossing or a portion of
pipe paralleling the roadway) would pass in close proximity to the
substructural part of a right-of-way structure. This refers to pipes
underground and not to pipes suspended on a right-of-way structure,
the latter of which should not require special treatment.
(b)Â
Locations where a pipeline would pass beneath the slope wall
below a right-of-way structure.
(c)Â
Locations where restraints inhibit a pipe from being placed
or remaining at the depth required by code.
(d)Â
Locations where the ground conditions are known to be particularly
unstable.
(e)Â
Locations where restraints inhibit a water pipe from being placed
or remaining below the frost line.
E.Â
Attachment to structures. Pipelines that will be attached to a right-of-way
structure shall not exceed a maximum internal pressure of 150 PSIG.
Pipelines carrying pressure in excess of 150 PSIG shall be considered
only if no other alternative location off the structure is feasible.
F.Â
Maintenance activities. Certain maintenance and other types of utility
activities are considered minor in nature and shall be allowed to
be performed without an additional permit. However, should any of
these selected maintenance activities to be performed significantly
impact the free flow of traffic on any right-of-way (closure of travel
lane, diversion of traffic, etc.), a permit shall first be obtained
from the Administrator. No additional permit required for:
(1)Â
Leak surveys (vehicle or walk patrol), line patrolling.
(2)Â
Pressure surveys (gauge check or setting of charts).
(3)Â
Odorant checks.
(4)Â
Regulator maintenance (change out, lockup check, spring change, etc.).
(5)Â
Valve maintenance (activation check, grease, replacement, etc.).
(6)Â
Line purging.
(7)Â
Exposed line survey and maintenance (on bridges, exposed valve assembly,
etc.).
(8)Â
Line locates and facility marking.
(9)Â
Up rating pressure of main (monitoring).
(11)Â
Pit (vault) maintenance (water removal, painting, minor modifications).
(12)Â
Minor cutouts and repair of lines (installation of clamps, welds,
etc.).
(13)Â
Cathodic protection checks and related repair.
(14)Â
Sign and marker installation/replacement.
(15)Â
Relief vent line inspections.
(16)Â
Maintenance and repair of telemetering equipment.
(17)Â
Land surveying.
(18)Â
Painting aboveground facilities.
(19)Â
Grass cutting or snow plowing.
(20)Â
Trim trees or remove brush for existing line.
A.Â
Purpose. In the exercise of its police powers, the City of Watertown
has priority over all other uses of the right-of-way. The purpose
of this chapter is to provide the City of Watertown with a process
for managing, and uniform standards for acting upon, requests for
the placement of wireless telecommunications facilities within the
right-of-way consistent with the City of Watertown's obligation to
promote the public health, safety, and welfare; to manage the right-of-way;
and to ensure that the public's use is not obstructed or incommoded
by the use of the right-of-way for the placement of wireless telecommunications
facilities. The City of Watertown recognizes the importance of wireless
telecommunications facilities to provide high-quality communications
and internet access services to residents and businesses within the
City of Watertown. The City of Watertown also recognizes its obligation
to comply with applicable federal and state laws regarding the placement
of wireless telecommunication facilities in the right-of-way including,
without limitation, the Telecommunications Act of 1996 (47 U.S.C.
§ 151 et seq.), Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act of 2012, Wis. Stat. § 182.017,
and Wis. Stat. § 196.58, and this chapter shall be interpreted
consistent with those provisions.
B.Â
Scope.
(1)Â
Applicability. Unless exempted by § 457-50B(2), below, every person who wishes to place wireless telecommunications facilities in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this chapter.
(2)Â
Exempt facilities. The provisions of this chapter (other than §§ 457-50I to 457-50L) shall not be applied to applications for the following:
(a)Â
Installation of a small wireless facility on the strand between
two utility poles, provided that the cumulative volume of all wireless
facilities on the strand shall not exceed one cubic foot, and provided
further that the installation does not require replacement of the
strand, or excavation, modification, or replacement of either of the
utility poles.
(b)Â
Installation of a mobile cell facility (commonly referred to
as "cell on wheels" or "cell on truck") for a temporary period in
connection with an emergency or event, but no longer than required
for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
(c)Â
Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the City of Watertown. See § 457-50L of this chapter.
(d)Â
Placement or modification of a wireless telecommunications facility
by City of Watertown staff or any person performing work under contract
with the City of Watertown.
(e)Â
Modification of an existing wireless telecommunications facility
that makes no material change to the footprint of a facility or to
the surface or subsurface of a public street if the activity does
not disrupt or impede traffic in the traveled portion of a street,
and if the work does not change the visual or audible characteristics
of the wireless telecommunications facility.
C.Â
Nondiscrimination. In establishing the rights, obligations, and conditions
set forth in this chapter, it is the intent of the City of Watertown
to treat each applicant and right-of-way user in a competitively neutral
and nondiscriminatory manner, to the extent required by law, while
taking into account the unique technologies, situation, and legal
status of each application or request for use of the right-of-way.
D.Â
Administration.
(1)Â
Administrator. The Administrator, as defined in § 457-20, is responsible for administering this chapter.
(2)Â
Powers. As part of the administration of this chapter, the Administrator
may:
(a)Â
Adopt wireless regulations governing the placement and modification
of wireless telecommunication facilities in addition to but consistent
with the requirements of this chapter, including regulations governing
collocation, the resolution of conflicting applications for placement
of wireless telecommunications facilities, and aesthetic standards.
(b)Â
Interpret the provisions of the chapter and the wireless regulations.
(c)Â
Develop forms and procedures for submission of applications
for wireless permits consistent with this chapter.
(d)Â
Collect any fee required by this chapter.
(e)Â
Require, as a condition of completeness of any application,
notice to members of the public that may be affected by the placement
or modification of the wireless telecommunications facility that is
subject of the wireless permit application.
(f)Â
Establish deadlines for submission of information related to
an application, and extend or shorten deadlines where appropriate
and consistent with federal laws and regulations.
(g)Â
Issue notices of incompleteness or requests for information
in connections with any wireless permit application.
(h)Â
Select and retain an independent consultant or attorney with
expertise in telecommunications to review any issue that involves
specialized or expert knowledge in connection with any permit application.
(i)Â
Coordinate and consult with other City of Watertown staff, committees, and governing bodies to ensure timely action on all other required permits under § 457-50E(2)(i) of this chapter.
(j)Â
Subject to appeal as provided in § 457-50G(4) of this chapter, determine whether to grant, grant subject to conditions, or deny an application.
(k)Â
Take such other steps as may be required to timely act upon
wireless permit applications, including issuing written decisions
and entering into agreements to mutually extend the time for action
on an application.
E.Â
Application.
(1)Â
Format. Unless the wireless regulations provide otherwise, the applicant
must submit both a paper copy and an electronic copy (in a searchable
format) of any application, as well as any amendments or supplements
to the application or response to requests for information regarding
an application, to the Administrator. An application is not complete
until both the paper and electronic copies are received by the Administrator.
(2)Â
Content. In order to be considered complete, an application must
contain:
(a)Â
All information required pursuant to the wireless regulations.
(b)Â
A completed application cover sheet signed by an authorized
representative of the applicant, listing all standard permit conditions.
(c)Â
If the applicant is a wireless infrastructure provider, the
name and contact information for the wireless service provider(s)
that will be using the wireless telecommunications facility must also
be provided.
(d)Â
A statement of which shot clock or shot clocks apply to the
application and the reasons the chosen shot clocks apply.
(e)Â
A separate and complete description of each proposed wireless
telecommunications facility and the work that will be required to
install or modify it, including but not limited to detail regarding
proposed excavations, if any; detailed site plans showing the location
of the facility and technical specifications for each element of the
facility, clearly describing the site and all structures and facilities
at the site before and after installation or modification and identifying
the owners of such preexisting structures and facilities; and describing
the distance to the nearest residential dwelling unit. Before and
after 360° photo simulations must be provided for each facility.
(f)Â
Proof that the applicant has mailed to the owner of all property
within 300 feet of the proposed wireless telecommunications facility
a notice that the applicant is submitting an application to the City
of Watertown for placement or modification of a wireless telecommunications
facility in the right-of-way, which notice must include the proposed
facility location, a description and scale image of the proposed facility,
and an email address and phone number for a representative of the
applicant who will be available to answer questions from members of
the public about the proposed project.
(g)Â
A copy of the FCC license for the facility or a sworn written
statement from the applicant attesting that the facility will comply
with current FCC regulations.
(h)Â
A radio frequency (RF) propagation study for the proposed wireless
telecommunications facility.
(i)Â
To the extent that filing of the wireless permit application
establishes a deadline for action on any other permit that may be
required in connection with the wireless telecommunications facility,
the application must include complete copies of applications for every
required permit (including without limitation electrical permits,
building permits, traffic control permits, and excavation permits),
with all engineering completed and with all fees associated with each
permit.
(j)Â
A certification by a registered and qualified engineer that
the installation can be supported by and does not exceed the tolerances
of the structure on which it will be mounted and that all elements
of the wireless telecommunications facility comply with applicable
safety standards.
(k)Â
Payment of all required fees.
(l)Â
If an applicant contends that denial of the application would
prohibit or effectively prohibit the provision of service in violation
of federal law, or otherwise violate applicable law, the application
must provide all evidence on which the applicant relies in support
of that claim. Applicants are not permitted to supplement this evidence
if doing so would prevent the City of Watertown from complying with
any deadline for action on an application.
(m)Â
If the application is an eligible facilities request, the application
must contain information sufficient to show that the application qualifies
as an eligible facilities request under 47 C.F.R. § 1.6100(b)(3),
including evidence that the application relates to an existing tower
or base station that have been approved by the City of Watertown.
Before and after 360° photo simulations must be provided with
detailed specifications demonstrating that the modification does not
substantially change the physical dimensions of the existing approved
tower or base station.
(3)Â
Waivers. Request for waivers from any requirement of this § 457-50E shall be made in writing to the Administrator. The Administrator may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the City of Watertown will be provided with all information necessary to understand the nature of the construction of other activity to be conducted pursuant to the wireless permit sought.
(4)Â
Fees. Applicant must provide an application fee and shall be required
to pay all costs reasonably incurred in reviewing the application,
including cost incurred in retaining outside consultants. Fees shall
be reviewed periodically and raised or lowered based on the costs
the City of Watertown expects to incur, with a review commencing by
the first anniversary of the effective date of this chapter.
(5)Â
Public records. Applications are public records that may be made
publicly available pursuant to state and federal public records laws.
Notwithstanding the foregoing, the applicant may designate portions
of the application materials that it reasonably believes contain proprietary
or confidential information by clearly marking each portion of such
materials accordingly, and the City of Watertown shall endeavor to
treat the information as proprietary and confidential, subject to
applicable state and federal public records law and the Administrator's
determination that the applicant's request for confidential or proprietary
treatment of the application materials is reasonable. The City of
Watertown shall not be required to incur any costs to protect the
application from disclosure.
F.Â
General standards.
(1)Â
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this chapter and the wireless regulations,
in addition to the requirements of any other applicable law or regulation.
(2)Â
Regulations. The wireless regulations and decisions on wireless permits
shall, at a minimum, ensure that the requirements of this chapter
are satisfied, unless it is determined that the applicant has established
that denial of an application would, within the meaning of federal
law, prohibit or effectively prohibit the provision of a telecommunications
or personal wireless services, or otherwise violate applicable laws
or regulations. If that determination is made, the requirements of
this chapter and the wireless regulations may be waived, but only
to the extent required to avoid the prohibition.
(3)Â
Standards.
(a)Â
Wireless telecommunications facilities shall be installed and
modified in a manner that:
[1]Â
Minimizes risk to public safety;
[2]Â
Ensures that placement of facilities on existing structures
is within the tolerance of those structures;
[3]Â
Avoids placement of aboveground facilities in underground areas,
installation of new support structures of equipment cabinets in the
public right-of-way, or placement in residential areas when commercial
are reasonably available;
[4]Â
Maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located;
[5]Â
Ensures that installations are subject to periodic review to
minimize the intrusion on the right-of-way;
[6]Â
Ensures that the City of Watertown bears no risk or liability
as a result of the installations;
[7]Â
Ensures that the applicant's use does not inconvenience the
public, interfere with the primary uses of the right-of-way, or hinder
the ability of the City of Watertown or other government entities
to improve, modify, relocate, abandon, or vacate the right-of-way
or any portion thereof, or to cause the improvement, modification,
relocation, vacation, or abandonment of facilities in the right-of-way.
(b)Â
No wireless permit shall be issued unless the wireless service
provider applicant has immediate plans to use the proposed facility
or the wireless infrastructure applicant has a contract with a wireless
service provider that has immediate plans to use the proposed facility.
(c)Â
In no event may ground-mounted equipment interfere with pedestrian,
bicycle or vehicular traffic and at all times must comply with the
requirements of the Americans with Disabilities Act of 1990.
(4)Â
Standard permit conditions. All wireless permits under this chapter
are issued subject to the following minimum conditions:
(a)Â
Compliance. The permit holder shall at all times maintain compliance
with all applicable federal, state, and local laws, regulations, and
other rules.
(b)Â
Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance unless revoked pursuant to § 457-50H(2) of this chapter.
(c)Â
Contact information. The permit holder shall at all times maintain
with the City of Watertown accurate contact information for the permit
holder and all wireless service providers making use of the facility,
which shall include a phone number, mailing address, and email address
for at least one natural person.
(d)Â
Emergencies. The City of Watertown shall have the right to support,
repair, disable, or remove any elements of the facilities in emergencies
or when the facility threatens imminent harm to persons or property.
(e)Â
Adverse impacts on adjacent properties. The permit holder shall
undertake all reasonable efforts to avoid undue adverse impacts to
adjacent properties and/or uses that may arise from the construction,
operation, maintenance, modification, or removal of the facility.
(f)Â
General maintenance. The wireless communications facility and
any associated structures shall be maintained in a neat and clean
manner and in accordance with all approved plans and conditions of
approval.
(g)Â
Relocation. At the request of the City of Watertown pursuant to § 457-50I of this chapter, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.
(h)Â
Abandonment. The permit holder shall promptly notify the City of Watertown whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with § 457-50J of this chapter.
(i)Â
Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with § 457-50K of this chapter.
(j)Â
Record retention. The permit holder shall retain full and complete
copies of all permits and other regulatory approvals issued in connection
with the facility, which includes, without limitation, all conditions
of approval, approved plans, resolutions, and other documents associated
with the permit or regulatory approval. In the event the City of Watertown
cannot locate any such full and complete permits or other regulatory
approvals in its official records, and the permit holder fails to
retain full and complete records in the permit holder's file, any
ambiguities or uncertainties that would be resolved through an examination
of the missing documents will be conclusively resolved against the
permit holder.
(k)Â
Radio frequency emissions. Every wireless facility shall at
all times comply with applicable FCC regulations governing radio frequency
emissions, and failure to comply with such regulations shall be treated
as a material violation of the terms of the permit.
(l)Â
Certificate of insurance. A certificate of insurance is to be
furnished to the Administrator evidencing in form coverages and limits
acceptable to the City of Watertown that the applicant has the capability
to cover any liability that might arise out of the presence of the
facility in the right-of-way; in addition:
[1]Â
The City shall be an additional insured as evidenced on a certificate
of liability insurance; and
[2]Â
A certificate of insurance shall contain an acknowledgement
attested by the insurer that prior to modification, cancellation or
termination of the subject policy, written notice shall be sent to
the Administrator by said insurance company.
G.Â
Application processing and appeal.
(1)Â
Rejection for incompleteness. Notices of incompleteness shall be
provided in conformity with state, local, and federal law, including
47 C.F.R. § 1.6003(d), as amended.
(2)Â
Processing timeline. Wireless permit applications (including applications for other permits under § 457-50E(2)(i) necessary to place or modify the facility) and appeals will be processed in conformity with the shot clocks set forth in state, local, federal law, as amended.
(3)Â
Written decisions. In the event that an application is denied [or approved with conditions beyond the standard permit conditions set forth in § 457-50F(4)], the Administrator shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.
(4)Â
Appeal to the City of Watertown Common Council. Any person adversely
affected by the decision of the Administrator may appeal that decision
to the City of Watertown Common Council, which may decide the issues
de novo, and whose written decision will be the final decision of
the City of Watertown. An appeal by a wireless infrastructure provider
must be taken jointly with the wireless service provider that intends
to use the wireless telecommunications facility.
(5)Â
Deadline to appeal.
(a)Â
Appeals that involve eligible facilities requests must be filed
within three business days of the written decision of the Administrator.
(b)Â
All other appeals not governed by § 457-50G(5)(a), above, must be filed within 10 business days of the written decision of the Administrator, unless the Administrator extends the time thereof. An extension may not be granted where extension would result in approval of the application by operation of law.
(6)Â
Decision deadline. All appeals shall be conducted so that a timely
written decision may be issued in accordance with the applicable shot
clock.
H.Â
Expiration and revocation.
(1)Â
Expiration. A wireless permit issued pursuant to an eligible facilities
request shall expire at the same time the permit for the underlying
existing wireless telecommunications facility expires. All other wireless
permits shall be valid for a period of five years from the date of
issuance. Upon expiration of the wireless permit, the permit holder
must either:
(a)Â
Remove the wireless telecommunications facility; or
(b)Â
Submit an application to renew the permit at least 90 days prior
to its expiration. The facility must remain in place until the renewal
application is acted on by the City of Watertown and any appeals from
the City of Watertown's decision are exhausted.
(2)Â
Revocation for breach. A wireless permit may be revoked for failure
to comply with the conditions of the permit or applicable federal,
state, or local laws, rules, or regulations. Upon revocation, the
wireless telecommunications facility must be removed within 30 days
of receipt of written notice from the City of Watertown. All costs
incurred by the City of Watertown in connection with the revocation,
removal, and right-of-way restorations shall be paid by the permit
holder.
(3)Â
Failure to obtain permit. Unless exempted from permitting by § 457-50B(2) of this chapter, a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the City of Watertown. All costs incurred by the City of Watertown in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.
I.Â
Relocation. Except as otherwise prohibited by state or federal law,
a permit holder must promptly and at its own expense, with due regards
for seasonal working conditions, permanently remove and relocate any
of its wireless telecommunications facilities in the right-of-way
whenever the City of Watertown requests such removal and relocation.
The City of Watertown may make such a request to prevent the facility
from interfering with a present or future City of Watertown use of
the right-of-way; a public improvement undertaken by the City of Watertown;
and economic development project in which the City of Watertown has
an interest or investment; when the public health, safety, or welfare
require it; or when necessary to prevent interference with the safety
and convenience of ordinary travel over the right-of-way. Notwithstanding
the foregoing, a permit holder shall not be required to remove or
relocate its facilities from any right-of-way that has been vacated
in favor or a non-governmental entity unless and until that entity
pays the reasonable costs of removal or relocation to the permit holder.
J.Â
Abandonment.
(1)Â
Cessation of use. In the event that a permitted facility within the
right-of-way is not in use for a continuous period of 60 days or longer,
the permit holder must promptly notify the City of Watertown and do
one of the following:
(a)Â
Provide information satisfactory to the Administrator that the
permit holder's obligation for its facilities under this chapter have
been lawfully assumed by another permit holder.
(b)Â
Submit to the Administrator a proposal and instruments for dedication of the facilities to the City of Watertown. If a permit holder proceeds under this § 457-50J(1)(b), the City of Watertown may, at its option:
(2)Â
Abandoned facilities. Facilities of a permit holder who fails to comply with § 457-50J(1) and which, for one year, 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 City of Watertown may, at its option:
K.Â
Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this chapter (or relocate it pursuant to § 457-50I), the permit holder must restore the right-of-way to its prior conditions in accordance with the City of Watertown specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations required by this § 457-50K, the City of Watertown at is option may do such work. In that event, the permit holder shall pay to the City of Watertown within 30 days of billing therefor, the cost of restoring the right-of-way.
L.Â
Placement on City of Watertown-owned or -controlled structures. The
City of Watertown may negotiate agreements for placement of wireless
telecommunications facilities on City of Watertown-owned or -controlled
structures in the right-of-way. The agreement shall specify the compensation
to the City of Watertown for use of the structures. The person or
entity seeking the agreement shall reimburse the City of Watertown
for all costs the City of Watertown incurs in connection with its
review of and action upon the request for an agreement.
A.Â
General. Private utility-type facilities may be allowed to cross
City of Watertown right-of-way and are not subject to approval by
the Federal Highway Administration (FHWA).
(1)Â
All private utility facilities shall follow the requirements of this
chapter and shall be designed, constructed, operated, and maintained
as described in the specific regulations of this chapter for communications,
electric, fluid or gas lines, wireless telecommunications, whichever
more closely resembles the facility.
B.Â
Occupation fees. Private utility installations may be assessed a
fee by the City of Watertown for right-of-way crossing or occupation.
The fee for each installation shall be determined on a case-by-case
basis and may be based upon, but not limited to, the following:
(1)Â
The value of the facility.
(2)Â
Complexity of the installation.
(3)Â
Department review time.
(4)Â
Comparison with the value of private easements adjacent to the proposed
location.
(5)Â
Comparison with fee schedules for other similar utility installation
in Wisconsin and across the nation.
(6)Â
Cost incurred in retaining outside consultants.
C.Â
Additional requirements. Based upon the proposed private utility
installation's potential for damage to the roadway, adjacent right-of-way,
or the environment, the Administrator may require the following to
be submitted with a permit application form:
(1)Â
Evidence of commercial general liability, workers' compensation and
employer's liability, and commercial motor vehicle liability insurance.
(2)Â
A certificate of insurance which names the City of Watertown as an
additional insured.
(3)Â
Approval from the DNR that the project will have no significant impact
upon the environment.
If any section, subsection, clause, phrase, or portion of this
chapter is for any reason held to be illegal or otherwise invalid
by any court or administrative agency of competent jurisdiction, such
illegal or invalid portion shall be severable and shall not affect
or impair any remaining portion of this chapter, which shall remain
in full force and effect.