A.
The Village Board finds that in the exercise of governmental functions
the Village must have priority over all uses of the public rights-of-way.
The Village Board finds that minimizing the number of obstructions
and excavations and regulating the placement of facilities in the
public rights-of-way is necessary to ensure the rights-of-way remain
available for public services and remain safe for public use and to
reduce the financial burden on its taxpayers.
B.
The Village Board finds that occupancy and excavation of its rights-of-way
causes costs to be borne by the Village and its taxpayers, including
but not limited to:
(1)
Administrative costs associated with rights-of-way projects, such
as registration, permitting, inspection and supervision, supplies
and materials.
(2)
Management costs associated with ongoing management activities necessitated
by public right-of-way users.
(3)
Repair or restoration costs to the roadway associated with the actual
excavation into the public right-of-way.
(4)
Degradation costs and depreciation of the Village's rights-of-way
infrastructure in terms of decreased useful life.
C.
As a result of the above findings, the Village finds it necessary
to regulate and administer permits to excavate, obstruct, and/or occupy
the public rights-of-way. This chapter imposes regulations on the
placement and maintenance of current and future facilities and equipment
within its rights-of-way. This chapter imposes reasonable restrictions
on the placement of obstructions or other use of the rights-of-way.
This chapter is intended to complement the regulatory roles of state
and federal agencies and provide a consistent legal framework to regulate
and manage the public rights-of-way and provide for the recovery of
the costs incurred in administering these provisions. This chapter
is intended to provide for the health, safety, and public welfare
by maintaining safe rights-of-way, reducing the financial burden on
Village taxpayers, protecting the structural integrity of the Village's
infrastructure, and preserving property rights.
For the purposes of this chapter, except where context clearly
indicates a different meaning:
Any person requesting permission to excavate, obstruct, and/or
occupy a public right-of-way.
May mean a performance bond, a letter of credit, or cash
deposit posted to ensure the availability of sufficient funds to assure
that right-of-way excavation repair work is completed in both a timely
and quality manner, per Village specifications.
A condition:
The Village Engineer.
To dig, cut, or in any way remove or physically disturb or
penetrate any part of a right-of-way.
Any equipment owned, operated, leased, or subleased in connection
with the operation of a service or utility service, whether active
or inactive, and shall include, but is not limited to: poles, wires,
pipes, cables, underground conduits, ducts, manholes, vaults, fiber-optic
cables, antennas, receivers, lines, and any other structures and appurtenances.
When used in conjunction with "right-of-way," means over,
above, in, within, on, or under a right-of-way.
A person located within this state, or a designee of such
person, authorized by a registrant to accept service and to make decisions
for that registrant regarding all matters within the scope of this
chapter.
To place any object in a right-of-way that hinders free and
open passage over that or any part of the right-of-way.
To be placed above, on, in, or below the boundaries of a
public right-of-way.
Any person to whom a permit to occupy, excavate, or obstruct
a right-of-way has been granted by the Village.
May mean a municipality, corporation, company, association,
firm, partnership, limited-liability company, limited-liability partnership,
individual, or their respective lessors, transferees, receivers, successors,
or assigns.
Has the meaning provided in § 196.01(5), Wis. Stats.
Any person who has registered with the Village either:
To perform construction work necessary to make the right-of-way
usable for travel according to Village specifications or to return
facilities to an operable condition.
To reconstruct an excavated right-of-way and surrounding
area, including pavement and foundation, per Village specifications,
to its preexcavation condition.
The surface and space above, below, and adjacent to an improved
or unimproved public roadway, highway, street, public sidewalk, bicycle
lane or path, in which the Village has an interest, including other
dedicated rights-of-way.
The Village, by the granting of a permit or registration to
excavate, obstruct and/or occupy the right-of-way, or by registering
a person under this chapter, does not surrender or in any extent lose,
waive, impair, or lessen the lawful powers and rights which it has
now or may be hereafter granted to the Village under the Constitution
and statutes of the state to regulate the use of the rights-of-way
by the permittee; and the permittee by its acceptance of a permit
to excavate, obstruct and/or occupy the right-of-way or by registration
under this chapter agrees that all lawful powers and rights, regulatory
powers, or police power, or otherwise as are or the same may be from
time to time vested in or reserved to the Village, shall be in full
force and effect and subject to the regulatory and police powers of
the Village to adopt and enforce general ordinances necessary to the
safety and welfare of the public and is deemed to agree to comply
with all applicable general laws and ordinances enacted by the Village
pursuant to such powers.
Any person who violates this chapter or fails to comply with
the provisions of this chapter shall be subject to a forfeiture of
not less than $100 nor more than $600. Each day such violation or
failure to comply continues shall be considered a separate offense.
In addition to the forfeiture, any person who violates this chapter
shall be liable for any and all costs incurred by the Village in removing
obstructions and/or restoring the right-of-way to its condition prior
to the occupancy or obstruction.
The provisions of this chapter shall not apply to excavation
work done under the supervision of the Public Works and Utility Director
by Village employees or contractors performing work under contract
with the Village necessitating excavations in Village streets.
Registering or obtaining a permit under this chapter does not
relieve the registrant or permittee of its duty to obtain all other
necessary permits, licenses, and authority and to pay all fees required
by any other municipal, county, state, or federal rules, laws or regulations,
including building codes. A permittee shall comply with all requirements
of local, state and federal laws. A permittee shall perform all work
in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way
pursuant to its permit, regardless of who does the work.
If any section, subsection, sentence, clause, or other portion
of this chapter is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining provisions,
which shall remain in full force and effect to the greatest extent
allowed by law.
