City of Watertown, WI Streets and Sidewalks

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.

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.

Excavated material.

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.

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.

Backfilling.

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.

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.

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.

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.

Relaying of pavement.

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.

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]

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.

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.

§ 457-7 Obstructions and encroachments.

[Amended by Ord. No. 90-58]

Obstructions and encroachments.

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.

Vending machine placement is prohibited on all streets, alleys and sidewalks, except as set forth in Subsection B, Exceptions.

Exceptions. Subsection A shall not apply to the following:

Any items permanently attached to a building structure in accordance with Chapter 550, Article XII, Signs and Projections.

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.

Public utility encroachments duly authorized by state law or the Watertown Common Council.

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.

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.

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]

Excavation and openings permitted under § 457-6 of this chapter.

[Amended 9-3-2019 by Ord. No. 19-17]

Building materials permitted under Subsection C of this section.

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]

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]

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]

Mailboxes and newspaper receptacles constructed as required by the standards set forth in § 457-8 of this chapter.

[Added by Ord. No. 95-43]

Utilities permitted under Chapter 457, Article II, Utility Accommodations.

[Added 9-3-2019 by Ord. No. 19-17]

Building materials.

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]

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.

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]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 457-8 Mailbox and newspaper receptacles.

[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:

Support.

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:

Square wood post: four inches by four inches.

Round wood post: 4 1/2 inches in diameter.

Steel pipe: two inches inside diameter.

Steel channel: two pounds per foot.

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.

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.

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.

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.

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.

Drawings. The City of Watertown shall maintain a supply of standard drawings of approved mailbox installations for distribution to the general public.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 457-9 Sidewalk cafes.

[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 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]

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:

The location of the building front and all doorways;

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;

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;

The location of crosswalks, driveways, parking spaces, loading zones, and other vehicular areas adjacent to the proposed sidewalk cafe.

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]

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:

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.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The sidewalk cafe may not be wider than one chair or table which is one-place-setting wide.

The sidewalk cafe shall be located on an impervious surface.

The sidewalk cafe shall not be located in or otherwise obstruct more than 24 inches of the sidewalk.

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.

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.

Lighting to serve outside seating areas shall be provided by ambient sources. No lighting fixtures or other electrical devices are permitted.

Operations of sidewalk cafes shall comply with the following requirements:

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.

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.

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.

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.

No smoking shall be permitted within sidewalk cafe enclosures.

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.

Additional parking shall not be required or reasonably necessitated due to the addition of a sidewalk cafe area.

Businesses which intend to serve alcohol beverages at the sidewalk cafe must additionally meet the following requirements:

The business shall hold a valid liquor license for all premises where alcohol beverages are served and consumed.

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.

The entire outdoor area utilized for service and consumption of food and beverage shall be visible from the restaurant establishment.

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.

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.

Alcohol beverages may only be served at the sidewalk cafe when food service is available through the licensed establishment.

The permittee shall be responsible for complying with the approved sidewalk cafe plan.

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.

The permittee shall display signage indicating alcohol may only be consumed by patrons seated at tables in the sidewalk cafe.

The bar from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the sidewalk cafe area.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 457-10 (Reserved) [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.

§ 457-11 Snow and ice removal.

[Amended by Ord. No. 92-6]

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]

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]

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]

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]

§ 457-12 Use of streets or sidewalks for sale of merchandise.

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]

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]

Exceptions.

[Amended by Ord. No. 93-22; Ord. No. 10-19]

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.

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.

Permitted food vending on public streets under § 457-185.

[Added 2-20-2018 by Ord. No. 18-1]

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]

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.

The eastbound and westbound traffic lanes of Main Street shall be closed to all vehicular traffic during the course of the event.

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.

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.

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:

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.

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.

"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.

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.

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.

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]

The details of the event are to be approved by the Mayor, Police Chief and Fire Chief.

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.

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.

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.

§ 457-13 Dip netting from bridges prohibited.

[Added by Ord. No. 13-30; amended 1-19-2016 by Ord. No. 15-40]

Dip netting prohibited. It shall be unlawful to dip net from any bridge within the City or actively or passively assist any such activity.

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.

§ 457-14 Trains not to obstruct streets.

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.

§ 457-15 Depositing of concrete in streets or alleys prohibited.

[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.

§ 457-16 Building numbers to be displayed.

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.

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:

Minimum tile base size of three inches high by two inches wide; nonilluminated.

Minimum individual figure three inches high; nonilluminated.

Illuminated number 1 1/4 inches high by seven-eighths-inch wide.[1]

Editor's Note: Original § 8.12, Street and alley vacations, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 457-17 Depositing of yard waste in streets or alleys prohibited.

[Added by Ord. No. 03-30]

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.

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.

§ 457-18 Road debris.

[Added by Ord. No. 05-28]

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]

MOBILE FOOD CARTS or PUSHCARTS or MOBILE FOOD ESTABLISHMENT

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

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.

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.

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.

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.

§ 457-18.1 Food vending on public streets.

[Added 2-20-2018 by Ord. No. 18-1]

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.

MOBILE FOOD VENDING TRAILERS or MOBILE FOOD ESTABLISHMENT

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.

MOTORIZED FOOD VENDING VEHICLE or MOBILE FOOD ESTABLISHMENT

Mobile food vending trailers shall only be permitted in City-approved municipal parking lots.

MOBILE OPERATOR

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.

SIDEWALK

Has the meaning given in § 340.01(58), Wis. Stats.

VEND or VENDING

Offering food for sale from a mobile food establishment on City-owned streets, sidewalks or parking lots.

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]

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.

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:

The City shall be an additional insured as evidenced on a certificate of liability insurance:

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;

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]

Inspections.

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]

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.

All mobile food establishments shall be inspected in accordance with Ch. ATCP 75, Wis. Adm. Code, Wisconsin Food Code and Chapter 319 of this Code.

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.

Park and recreation facilities. See Chapter 398 of this Code.

Restrictions on vending activity.

A mobile operator shall not leave a mobile food establishment unattended at any time.

A mobile operator shall vend only when the mobile food establishment is lawfully parked, stopped, or standing.

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.

A mobile operator shall not vend to any customer situated in the street.

Mobile food carts or push carts shall only vend on sidewalks or City-approved municipal parking lots.

Loading and unloading of mobile food carts or push carts shall not obstruct traffic.

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]

No vending activity shall occur between the hour of 10:00 p.m. and the hour of 7:00 a.m. next succeeding.

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.

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.

A mobile food establishment or mobile operator shall not obstruct the ingress or egress from commercial buildings and private driveways.

A mobile food establishment or mobile operator shall not vend within 30 feet of the property line of a licensed food establishment.

A mobile operator shall not operate within 200 feet from a community event or parade without written permission from the event permit holder.

A community event is an event licensed or permitted under Chapter 398 or 428 of this Code.

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.

Mobile operators or mobile food establishments relying on generators shall not use or rely on a generator that produces noise greater than 60 decibels.

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.

ELIGIBLE FACILITIES REQUEST

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.

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.

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.

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.

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.

§ 457-19 Violations and penalties.

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.

Article II Utility Accommodations

[Added 9-3-2019 by Ord. No. 19-14]

§ 457-20 Definitions.

For the purpose of this chapter's Article II, the terms below shall have the following meanings:

ADMINISTRATOR

The Public Works Director/City Engineer or his or her designee.

[Amended 7-5-2022 by Ord. No. 22-63]

APPLICANT

A person filing an application for placement or modification of a utility facility, defined under "utility facilities," in the right-of-way.

APPLICATION

A formal request, including all required and requested documentation and information, submitted by an applicant to the City of Watertown for a permit.

BASE STATION

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.

CLEAR ZONE

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.

EMERGENCY UTILITY WORK

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.

FCC

The Federal Communications Commission.

PERMIT

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.

PIPELINE

A utility facility installed to carry or convey a fluid, gas, or other material, generally underground, including the casing and the product being conveyed.

PRIVATE UTILITY FACILITIES

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.

RESPONSIBLE PERSON

A person having control over a utility project that is not administered by the City of Watertown.

RIGHT-OF-WAY

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.

ROADWAY

The traveled way plus shoulders.

SMALL WIRELESS FACILITY

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:

Is 50 feet or less in height; or

Is no more than 10% taller than other adjacent structures; or

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height, whichever is greater, as a result of the collocation of new antenna facilities;

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.

SUPPORT STRUCTURE

Any structure capable of supporting wireless telecommunications equipment.

TOWER

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.

TRAVELED WAY

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.

UNDERGROUND AREAS

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.

UTILITY

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.

UTILITY FACILITIES

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 INFRASTRUCTURE PROVIDER

WIRELESS FACILITYSee "small wireless facility" and "wireless telecommunications facility."

UTILITY MAINTENANCE

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.

UTILITY OPERATION

Any activity by a utility to assure the function of an existing utility for its intended purpose.

UTILITY POLE

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.

WIRELESS REGULATIONS

Those regulations adopted pursuant to § 457-50D(2)(a) to implement the provisions of this chapter.

WIRELESS SERVICE PROVIDER

An entity that provides wireless services to end users.

WIRELESS TELECOMMUNICATIONS EQUIPMENT

Equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communication network.

WIRELESS TELECOMMUNICATIONS FACILITY

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.

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.

§ 457-21 Introduction.

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.

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.

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.

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.

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.

Utility accommodation. The City of Watertown shall handle requests for utility accommodations or managing facilities that are already located in the right-of-way:

Permits. The City of Watertown permits utility facilities in the right-of-way when:

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.

There would be no conflict with the provisions of federal, state, or local laws or regulations or the accommodation provisions stated herein.

The occupancies would not significantly increase the difficulty or future cost of right-of-way construction or maintenance.

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.

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.

§ 457-22 Indemnification.

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.

§ 457-23 General information.

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:

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.

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:

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

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.

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.

Utility facility conditions requirements. All utility facilities shall be kept in a good state of repair both structurally and from the standpoint of appearance.

Chemical treatment and cutting of trees. See Watertown Municipal Code, Chapter 484, Trees.

Draining wetlands. The installation of privately owned lines or conduits in the right-of-way for the purpose of draining wetlands is prohibited. All utility facilities shall comply with Watertown Municipal Code Chapter 532, Floodplain and Shoreland-Wetland Zoning.

§ 457-24 Emergency work.

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.

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.

§ 457-25 Abandoned facility.

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:

Abate the nuisance and recover the cost from the permit holder or the permits holder's successor in interest;

Take possession of the facilities; and/or

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

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.

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."

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.

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.

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.

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.

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.

§ 457-26 Compliance.

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:

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.

Interpret the provisions of the chapter and the regulations the utility facility is subject to.

Develop forms and procedures for submission of applications for utility facilities with this chapter.

Collect any fee required by this chapter.

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.

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.

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations.

Issue notices of incompleteness or requests for information in connections with any wireless permit application.

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.

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.

Subject to appeal as provided in § 457-26B of this chapter, determine whether to grant, grant subject to conditions, or deny an application.

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.

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:

Verbal request for corrective action. The request shall include:

The reason(s) why the present or completed operation is (was) not in compliance with this chapter or the permit provisions;

What steps shall be taken to correct the situation; and

What additional actions may be taken if § 457-26C(1)(b) is disregarded [§ 457-26C(2) through 457-26C(7)].

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

§ 457-27 Environmental conditions.

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).

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.

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.

The utility shall also be responsible to comply with Watertown Municipal Code Chapter 532, Floodplain and Shoreland-Wetland Zoning, and Wisconsin Administrative Code NR 116.

Site assessments. If contacted, the Administrator will provide any information it has available on environmental issues under the public records law.

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.

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.

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.

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.

The Administrator will notify the utility when it can resume its operation.

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:

The utility entirely avoids the affected area:

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.

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).

Utility can locate around or through the affected area:

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.

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.

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.

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.

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).

§ 457-28 Permit requirements.

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.

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.

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.

The permit does not transfer any land, nor give, grant, or convey any land right, right in land, or easement subject to applicable statutes.

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.

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.

All utility permits issued by the City of Watertown are revocable for cause as provided herein. Section 457-26 highlights the steps that may be used by the City of Watertown in order to revoke a permit.

§ 457-29 Required information.

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.

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.

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.

See § 457-30 for annual service connection permit information.

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.

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.

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.

Installation information.

The utility shall provide the following installation information:

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.

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.

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.

See § 457-35 for additional requirements regarding structure attachments.

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.

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.

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:

The City shall be an additional insured as evidenced on a certificate of liability insurance; and

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.

§ 457-30 Annual Service Connection Permit (ASCP).

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.

This policy does not affect § 457-24, Emergency work. Approvals for emergency service connections should still be handled by a phone call to the City of Watertown.

All work described in this policy shall comply with the entirety of this chapter.

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.

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.

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.

Implementation.

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:

Utility's ASCP number.

Address of the service connection.

Distance from the nearest intersection to the service line.

Name of the utility and employee who need the Administrator's reply along with that person's telephone, fax number, or email address.

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.

Work restrictions.

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:

Without any interference or disruption to traffic. Exceptions may be granted for low-volume (500 ADT or less).

Without open cutting the pavement, paved shoulders, sidewalk, shared-use paths, or medians.

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.

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.

Fee. An ASCP shall be assessed a permit fee once per calendar year for service connections covered under § 457-30C.

§ 457-31 Application modification.

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.

§ 457-32 Location requirements.

General location. Utility facilities shall be located in such a manner in order to minimize the need for later adjustment to:

Accommodate proposed right-of-way improvements.

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.

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.

Be outside of the 45° cone of support for the footing of all right-of-way structures.

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:

Deep cuts.

Near footings of bridges or retaining walls.

Across roadway intersections at grad or ramp terminals.

At cross drains where the flow of water may be obstructed.

Within basins of an underpass drained by a pump.

In wet or rocky terrain where it will be difficult to attain minimum bury.

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.

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.

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.

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:

The utility facility to be of approved yielding or breakaway construction; or

The utility facility to be protected by a City of Watertown-approved barrier such as, but not limited to, a beam guard, crash cushion, etc.

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.

Existing utilities.

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:

It conflicts with any construction activities; or

It is located longitudinally under the pavement or shoulder for a recondition or reconstruction project; or

Is located within a vision triangle of a roadway intersection.

Exceptions may be granted for Subsection E(1)(a) and (b) above based on sound engineering judgment and economic considerations.

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.

§ 457-33 Appurtenances.

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.

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.

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.

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.

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.

§ 457-34 Vertical location.

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.

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.

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.

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.

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.

§ 457-35 Installation on structures.

General definitions.

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:

Structure design and/or appearance.

Safe operation of pedestrian, bicycle, and vehicular traffic.

Efficiency of maintenance.

Does not exceed the tolerances of the structure on which it will be attached.

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).

Installation location requirements.

When a utility facility is attached to a structure, the installation shall be located:

Beneath the structure floor.

Inside the outer girders or beams or within a cell.

At an elevation above low superstructure steel or masonry which would inhibit bridge inspections or repairs.

Utility facility may be located within the right-of-way structure's deck for new construction or deck reconstruction if the utility notifies the Administrator in advance of or while the structure is being designed.

Installation openings. The opening created in the bridge abutments to allow passage of the permitted facility shall be of the minimum size necessary.

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.

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.

§ 457-36 Collocation with utility facilities.

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.

Collocation with nonmunicipal facilities. Collocation on facilities or support structures owned by parties other than the City of Watertown is subject to the following:

Where an existing facility or support structure can potentially accommodate collocation of a new wireless facility, collocation will be required unless:

The applicant submits substantial evidence supporting the unsuitability of the collocation;

The owner of the existing facility or support structure is unwilling to accommodate the applicant's equipment and cannot be required to cooperate; or

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.

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:

The owner of the collocated facility obtains a new utility accommodation permit; or

The facility or support structure accommodating the collocation is replaced with a facility or support structure comparable in size, mass, appearance, and placement, as determined by the Administrator.

§ 457-37 Median installations.

General policy. On both crossing installations and longitudinal installations, poles, guys, or other related facilities shall not be located in a highway median.

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:

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.

All equipment, operations, and spoil materials shall be located within the center area of the median.

No openings, vehicles, equipment, or materials of any type shall be located within the median overnight.

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.

§ 457-38 Breakaway construction.

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.

§ 457-39 Scenic considerations.

General policy.

When feasible, the City of Watertown strives to enhance visual qualities of the right-of-way system by:

The retention and/or planting of trees, shrubs, and other vegetation.

The selection of special alignments and corridors.

Utilization of rights-of-way by utilities require that the type and size of its facilities and the manner and extent of its installation shall not materially impair the scenic quality, appearance, or view of the right-of-way or adjacent areas.

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.

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.

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:

Other locations are unusually difficult, unreasonably costly, or are undesirable from the standpoint of visual quality.

An underground installation is not technically feasible or it is unreasonably costly.

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.

New overhead installations, including support structures, towers, and utility poles must not be made of wood.

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.

Height restrictions.

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.

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.

No utility structure's height may extend in to the City of Watertown's Airport Approach Protection Zone.

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.

§ 457-40 Construction requirements.

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.

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.

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.

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.

Blasting. Blasting on the right-of-way is prohibited unless specifically authorized by a permit.

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).

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).

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.

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.

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.

Highway signs. A utility shall not remove any highway sign unless approved in its permit.

§ 457-41 Traffic control.

Authority.

All traffic control for utility work performed on City of Watertown right-of-way shall abide by:

The current Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) and any supplements thereto.

Section 643 in the current edition of the Wisconsin Department of Transportation's Standard Specifications for Highway and Structure Construction.

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."

Specific provision within § 457-41.

The standards set forth in the Wisconsin MUTCD and any supplements thereto are minimum guidelines, and additional traffic control shall be used when necessary

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.

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.

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.

Traffic control selection.

Factors. When selecting the appropriate traffic control, consideration shall be given to such factors as:

Physical characteristics of the road.

Available sight distance.

Traffic volume.

Time of day.

Posted speed limit.

Weather.

Light conditions.

Lane closure may require flagging.

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:

Utility work performed during nighttime hours.

Traffic control which is required overnight to protect the work zone(s) during nonwork times.

Utility work performed in a continuously moving work zone. This excludes moving from one stationary work zone to another.

Utility work which cannot be adequately protected by using the six traffic control diagrams.

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.

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.

§ 457-42 Work site safety.

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.

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.

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.

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.

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.

§ 457-43 Special provisions.

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.

Open trench construction may be approved if all of the following conditions prevail:

The pavement condition is at or below PASER rating 5.

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.

The Administrator may require slurry backfilling of the excavation if native soils are deemed unacceptable.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

§ 457-44 Cleanup and restoration.

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.

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.

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.

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.

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.

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.

§ 457-45 Erosion control and post-construction stormwater management.

The City of Watertown deems that all permitted work is subject to Chapter 288 of the Watertown Municipal Code.

§ 457-46 Specific requirements.

The following §§ 457-47 through 457-51, cover the various specific requirements relevant to communications, electric, fluids and gases, wireless telecommunications, and private utility facilities.

§ 457-47 Communications.

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.

Type of construction. For aboveground (overhead) installations, the following should be considered:

Single pole. Any longitudinal installations of overhead lines within the right-of-way should utilize single pole construction.

Joint use. Joint use pole construction should be used:

At locations where more than one utility or type of facility is involved.

When the right-of-way widths approach the minimum need for safe operations or maintenance requirements.

When separate installations require extensive removal or alterations of trees.

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.

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:

Repair or replacement of overhead service wire.

Repair or replacement for overhead cable and terminal hardware two spans or less.

Replace pole, same location, maximum of two poles per 1/4-mile section.

Note: Once a new pole is installed, all attached facilities (electric, telephone, CATV, etc.) shall be transferred to the new pole in a timely manner. The old pole shall then be completely removed in accordance with § 457-44A.

Locate buried facilities.

Stake route for proposed buried cable.

Connect and test wiring at buried cable pedestal locations.

Crossarm, bracket, and hardware repair/replacement.

Add anchor, guy, or brace between pole and right-of-way line or no closer to roadway than pole.

Trench a pole to maintain or increase roadside clearance.

Repair or replace overhead conductor two spans or less.

Line patrolling.

Inspection of manholes (including water removal, cable tagging, and minor modifications, etc.).

Electrolysis surveys.

Test for location of underground lines.

Paint poles, towers, or crossarms.

Straighten pole, crossarm, or brace.

(17)

Test or treat existing pole.

(18)

Remove debris from overhead line.

(19)

Repair or add grounds.

(20)

Resag, reattach, or rearrange conductor.

(21)

Repair cable bonding.

(22)

Survey lines.

(23)

Replace pole tags and signs.

(24)

Reinforce existing pole.

(25)

Mark location of proposed pole; proposed cable.

(26)

Grass cutting or snow plowing.

(27)

Trim trees or remove brush for existing line.

(28)

Minor repair of lines (installation of buried splices, etc.).

(29)

Sign and marker installation/replacement.

(30)

Replace/remove line in existing duct.

(31)

Surveying and resetting reclosures.

(32)

Abandonment of underground facilities shall be done in accordance with § 457-25B.

§ 457-48 Electric.

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.

Additional permit information. For transmission-type installations, the permit application form shall specify the proposed operating voltage or voltages.

Type of construction. For aboveground (overhead) installations, the following should be considered:

Single pole. Joint use single pole construction should be used:

At locations where more than one utility or type of facility is involved.

When the right-of-way widths approach the minimum needed for safe operations or maintenance requirements.

When separate installations require extensive removal or alteration of trees.

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.

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:

Switching.

Fuse replacement.

Transformer replacement.

Crossarm, bracket, and hardware repair/replacement.

Add anchor, guy, or brace between pole and right-of-way line or no closer to the roadway than pole.

Trench a pole to maintain or increase right-of-way clearance.

Replace pole, same location, maximum of two poles per 1/4-mile section.

Repair or replacement of overhead conductor two spans or less.

Line patrolling.

Manhole inspection (including water removal, cable tagging, minor modifications, etc.).

Electrolysis surveys.

Test for location of underground lines.

Paint poles, towers, or crossarms.

Straighten pole, crossarm, or brace.

Test or treat existing pole.

Clean insulators.

(17)

Remove debris from overhead line.

(18)

Repair of add grounds.

(19)

Resag, reattach, or rearrange conductor.

(20)

Sample or test insulating oil.

(21)

Repair cable bonding.

(22)

Install or remove transformer or regulator.

(23)

Survey lines.

(24)

Replace outdoor lighting bulbs and cleaning glass.

(25)

Repair or replace outdoor lighting control.

(26)

Reset time clock or control switch.

(27)

Replace pole tags or signs.

(28)

Reinforce existing pole.

(29)

Mark location of proposed pole/proposed cable.

(30)

Grass cutting or snow plowing.

(31)

Trim trees or remove brush for existing line.

(32)

Sign and marker installation/replacement.

(33)

Minor repair of lines (splice, etc.).

(34)

Replace/remove line in existing duct.

(35)

Repair or replace overhead service.

(36)

Reading service meters.

(37)

Locate buried facilities.

(38)

Surveying and resetting reclosures.

(39)

Abandonment of underground facilities shall be done in accordance with § 457-25B.

§ 457-49 Fluids and gases.

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:

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.

Pressure pipelines shall conform to the currently applicable requirements of Title 49, Code of Federal Regulations of the Office of Pipeline Safety.

Liquid petroleum pipelines shall conform to the currently applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.

Sanitary and storm sewer shall conform to the currently applicable specifications of the Standard Specifications for Water and Sewer Construction.

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.

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.

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.

Special treatment of pipelines.

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.

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:

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.

Locations where a pipeline would pass beneath the slope wall below a right-of-way structure.

Locations where restraints inhibit a pipe from being placed or remaining at the depth required by code.

Locations where the ground conditions are known to be particularly unstable.

Locations where restraints inhibit a water pipe from being placed or remaining below the frost line.

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.

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:

Leak surveys (vehicle or walk patrol), line patrolling.

Pressure surveys (gauge check or setting of charts).

Odorant checks.

Regulator maintenance (change out, lockup check, spring change, etc.).

Valve maintenance (activation check, grease, replacement, etc.).

Line purging.

Exposed line survey and maintenance (on bridges, exposed valve assembly, etc.).

Line locates and facility marking.

Up rating pressure of main (monitoring).

Abandonment of underground facilities shall be done in accordance with § 457-25B.

Pit (vault) maintenance (water removal, painting, minor modifications).

Minor cutouts and repair of lines (installation of clamps, welds, etc.).

Cathodic protection checks and related repair.

Sign and marker installation/replacement.

Relief vent line inspections.

Maintenance and repair of telemetering equipment.

(17)

Land surveying.

(18)

Painting aboveground facilities.

(19)

Grass cutting or snow plowing.

(20)

Trim trees or remove brush for existing line.

§ 457-50 Wireless telecommunications.

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.

Scope.

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.

Exempt facilities. The provisions of this chapter (other than §§ 457-50I to 457-50L) shall not be applied to applications for the following:

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.

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.

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.

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.

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.

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.

Administration.

Administrator. The Administrator, as defined in § 457-20, is responsible for administering this chapter.

Powers. As part of the administration of this chapter, the Administrator may:

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.

Interpret the provisions of the chapter and the wireless regulations.

Develop forms and procedures for submission of applications for wireless permits consistent with this chapter.

Collect any fee required by this chapter.

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)

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)

Issue notices of incompleteness or requests for information in connections with any wireless permit application.

(h)

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)

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)

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)

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.

Application.

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.

Content. In order to be considered complete, an application must contain:

All information required pursuant to the wireless regulations.

A completed application cover sheet signed by an authorized representative of the applicant, listing all standard permit conditions.

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.

A statement of which shot clock or shot clocks apply to the application and the reasons the chosen shot clocks apply.

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)

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)

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)

A radio frequency (RF) propagation study for the proposed wireless telecommunications facility.

(i)

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)

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)

Payment of all required fees.

(l)

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)

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.

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.

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.

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.

General standards.

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.

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.

Standards.

Wireless telecommunications facilities shall be installed and modified in a manner that:

Minimizes risk to public safety;

Ensures that placement of facilities on existing structures is within the tolerance of those structures;

[3]

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]

Maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;

[5]

Ensures that installations are subject to periodic review to minimize the intrusion on the right-of-way;

[6]

Ensures that the City of Watertown bears no risk or liability as a result of the installations;

[7]

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.

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.

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.

Standard permit conditions. All wireless permits under this chapter are issued subject to the following minimum conditions:

Compliance. The permit holder shall at all times maintain compliance with all applicable federal, state, and local laws, regulations, and other rules.

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.

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.

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.

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)

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)

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)

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)

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)

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)

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)

The City shall be an additional insured as evidenced on a certificate of liability insurance; and

Application processing and appeal.

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.

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.

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.

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.

Deadline to appeal.

Appeals that involve eligible facilities requests must be filed within three business days of the written decision of the Administrator.

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.

Decision deadline. All appeals shall be conducted so that a timely written decision may be issued in accordance with the applicable shot clock.

Expiration and revocation.

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:

Remove the wireless telecommunications facility; or

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.

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.

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.

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.

Abandonment.

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:

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.

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:

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

Require the permit holder, at its own expense, to remove the facilities and perform the required restoration under § 457-50K; or

[3]

Require the permit holder to post a bond or provide payment sufficient to reimburse the City of Watertown for reasonably anticipated costs to be incurred in removing the facilities and undertaking restoration under § 457-50K.

Remove its facilities from the right-of-way within one year and perform the required restoration under § 457-50K, unless the Administrator waives this requirement or provides a later date.

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:

Abate the nuisance and recover the cost from the permit holder or the permit holder's successor in interest;

Take possession of the facilities; and/or

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

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.

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.

§ 457-51 Private utility facilities.

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).

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.

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:

The value of the facility.

Complexity of the installation.

Department review time.

Comparison with the value of private easements adjacent to the proposed location.

Comparison with fee schedules for other similar utility installation in Wisconsin and across the nation.

Cost incurred in retaining outside consultants.

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:

Evidence of commercial general liability, workers' compensation and employer's liability, and commercial motor vehicle liability insurance.

A certificate of insurance which names the City of Watertown as an additional insured.