[HISTORY: Adopted by the Village Board of
the Village of Saukville 12-17-1985 by Ord. No. 389 as Secs. 6.01, 6.02, 6.04,
6.05, 6.06, 6.09 and 6.20 of the 1985 Code. Amendments noted where
applicable.]
[Amended 4-17-2001 by Ord. No. 565; 8-9-2014 by Ord. No. 750]
A.
Establishment.
The grade of all streets, alleys and sidewalks shall be established
by resolution by the Village Board and the same recorded by the Village
Clerk in his or her office. No street, alley or sidewalk shall be
worked until the grade thereof is established.
B.
Alteration
of grade prohibited. No person shall alter the grade of any street,
alley, sidewalk or public ground or any part thereof in the Village,
by any means whatsoever, unless authorized or instructed to do so
by the Village Board or the Public Works Superintendent. All such
alterations of grade shall be recorded in the office of the Village
Clerk by the officer authorizing the alteration.
[Amended 8-9-2014 by Ord. No. 750; 11-28-2022 by Ord. No. 824
A.
Owner to construct. The abutting property owner shall
build, repair, construct and perpetually maintain sidewalks along
or upon any street, alley or highway in the Village and pay the entire
cost thereof. Whenever the Village Board shall, by resolution, determine
that a sidewalk be laid, rebuilt, repaired, lowered or raised along
or upon any public street, alley or highway within the Village, it
shall proceed according to § 66.0907, Wis. Stats.
B.
Permit required. No person shall lay, remove, replace
or repair any public sidewalk within the Village unless that person
is under contract with the Village to do such work or has obtained
a permit therefor from the Public Works Superintendent at least seven
days before work is proposed to be undertaken. No fee shall be charged
for such permit.
C.
Bond requirements.
(1)
No permit shall be issued under Subsection B until the permit applicant has posted or filed a right-of-way bond with the Village Clerk as provided herein.
(2)
Right-of-way
bonds shall be required for all projects where the potential for damage
to public improvements within the right-of-way, which would include,
but not be limited to, sidewalks, curb and gutter, roadways, turf,
trees, light poles and signs, is probable as a result of construction-related
activities, except sheds, decks and other structures that pose no
potential damage to the sidewalk, as determined by the Public Works
Superintendent.
(3)
The
right-of-way bond amount shall be established by resolution of the
Village Board and included on the Village fee schedule.
(4)
Inspection
of sidewalk repair and construction shall be performed by and release
of all or a portion of the bond shall be determined by the Public
Works Superintendent.
D.
Specifications. All sidewalks within the Village shall
be repaired, rebuilt or constructed in accordance with the specifications
of the Public Works Superintendent.
[Amended 11-8-2000 by Ord. No. 558; 4-17-2001 by Ord. No. 565; 10-6-2009 by Ord. No. 702; 12-21-2010 by Ord. No. 713; 8-9-2014 by Ord. No. 750; 3-22-2016 by Ord. No. 763]
A.
General provisions.
(1)
Purpose and findings.
(a)
In the exercise of governmental functions the Village has priority
over all other uses of the public rights-of-way. The Village desires
to anticipate and minimize the number of obstructions and excavations
taking place and to regulate the placement of facilities in the rights-of-way
to ensure that the rights-of-way remain available for public services
and are safe for public use, and to ensure that facilities are timely
maintained, supported, protected or relocated to accommodate reconstruction
or repairs. The taxpayers of the Village bear the financial burden
for the upkeep, maintenance and reconstruction of the rights-of-way
and a primary cause for the early and excessive deterioration of its
rights-of-way is the frequent excavation by persons who locate facilities
therein.
(b)
The Village finds increased use of the public rights-of-way
and increased costs to the taxpayers of the Village and that these
costs are likely to continue into the foreseeable future.
(c)
The Village finds that delays by occupants of the rights-of-ways
in maintaining, supporting, protecting or relocating facilities, if
they impact public construction projects, have the potential to significantly
increase public works project costs borne by the taxpayers. Moreover,
the Village finds that some right-of-way occupants have a history
of delays and nonresponsiveness.
(d)
The Village finds that occupancy and excavation of its rights-of-way
causes costs to be borne by the Village and its taxpayers, including
but not limited to:
[1]
Administrative costs associated with public right-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 defined as depreciation caused to the roadway
in terms of decreased useful life due to excavations in the public
right-of-way.
(e)
In response to the foregoing facts, the Village hereby adopts
this section relating to administration of and permits to excavate,
obstruct and/or occupy the public rights-of-way. This section imposes
reasonable regulations on the placement and maintenance of equipment
currently within its rights-of-way or to be placed therein in the
future. It is intended to complement the regulatory roles of state
and federal agencies.
(f)
The purpose of this section is to provide the Village a framework
within which to regulate and manage the public rights-of-way, and
to provide for recovery of the costs incurred in doing so. This section
provides for the health, safety and welfare of the residents of the
Village as they use the rights-of-way of the Village, as well as to
ensure the structural integrity of the public rights-of-way.
(2)
APPLICANT
DEGRADATION
DEPARTMENT
EMERGENCY
EXCAVATE
FACILITIES
IN
LOCAL REPRESENTATIVE
MUNICIPAL CODE
OBSTRUCT
PERMITTEE
PERSON
PREQUALIFIED CONTRACTOR
PUBLIC UTILITY
REGISTRANT
REPAIR
RESTORE
RIGHT-OF-WAY
Definitions. The following definitions apply in this section. Defined
terms remain defined terms whether or not capitalized.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The decrease in the useful life of the paved portion of the
right-of-way, excluding the sidewalk right-of-way, caused by an excavation
of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation did not occur.
The Village Department of Public Works.
A condition that:
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
All equipment owned, operated, leased or subleased in connection
with the operation of a service or utility service, and shall include,
but is not limited to, poles, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiberoptic cables, lines and other structures
and appurtenances.
When used in conjunction with "right-of-way," means over,
above, within, on or under a right-of-way.
A local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make
decisions for that registrant regarding all matters within the scope
of this section.
The Municipal Code of the Village of Saukville, as amended.
To place any object in a right-of-way so as to hinder free
and open passage over that or any part of the right-of-way.
Any person to whom a permit to occupy, excavate or obstruct
a right-of-way has been granted under this section or under the Municipal
Code.
Corporation, company, association, firm, partnership, limited-liability
company, limited-liability partnership and individuals and their lessors,
transferees and receivers.
A contractor approved by the Department on an annual basis
to work in the right-of-way.
The meaning provided in § 196.01(5), Wis. Stats.
Any person who has registered with the Village to have its
facilities located in any right-of-way.
To perform construction work necessary to make the right-of-way
useable for travel according to Department specifications, or to restore
equipment to an operable condition.
The process by which the excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed to Department
specifications.
The surface and space above and below an improved or unimproved
public roadway, highway, street, bicycle lane and public sidewalk
in which the Village has an interest, including other dedicated rights-of-way
for travel purposes.
(3)
Administration. The Public Works Superintendent or his/her designee
is responsible for administration of the rights-of-way under this
section, and the permits and any other ordinances related thereto.
B.
Registration for right-of-way occupancy.
(1)
Each person who has, or seeks to have facilities located in any right-of-way shall register with the Department and pay the fee set forth in Subsection D below. Registration will consist of providing application information and paying a registration fee. This section shall not apply to those persons who have facilities in the right-of-way pursuant to a franchise or other agreement.
(2)
No person may construct, install, maintain, repair, remove, relocate
or perform any other work on, or use any equipment or any part thereof
in any right-of-way unless that person is registered with the Department
or is a prequalified contractor.
(3)
Nothing herein shall be construed to repeal or amend the provisions
of any Village ordinance requiring persons to plant or maintain the
parkway in the area of the right-of-way between their property and
the street curb or pavement, construct sidewalks or driveways or other
similar activities. Persons performing such activities shall not be
required to obtain any permits under this section.
C.
Registration information. The information provided to the Department
at the time of registration shall include, but not be limited to:
(1)
Each registrant's name, Diggers Hotline registration certificate
number, address and email address, if applicable, and telephone and
facsimile numbers.
(2)
The name, address and e-mail address, if applicable, and telephone
and facsimile numbers of a local representative. The local representative
or designee shall be available at all times. Current information regarding
how to contact the local representative in an emergency shall be provided
at the time of registration.
(3)
A certificate of insurance on a form prescribed by the Department.
(4)
If the registrant is a corporation, an LLC or LLP, a copy of any
certificate required to be filed under Wisconsin Statutes as recorded
and certified by the Secretary of State or Department of Financial
Institutions.
(5)
A copy of the registrant's certificate of authority from the Wisconsin
Public Service Commission or other applicable state or federal agency,
where the person is lawfully required to have such certificate from
the Commission or other state or federal agency.
(6)
Execution of an indemnification agreement in a form prescribed by
the Department.
(7)
The registrant shall keep all of the information listed above current
at all times by providing to the Department information as to changes
within 15 working days following the date on which the registrant
has knowledge of any change.
D.
Registration fee. The Department shall charge an annual registration
fee in an amount of $65 to recover the costs incurred by the Village
for processing and updating registration information.
E.
Reporting obligations. It is in the best interests of all affected
parties to attempt to coordinate construction in the public right-of-way
whenever it is reasonably possible. Therefore, periodic reporting
by the registrant of known construction plans will be useful to achieve
this objective.
(1)
Every registrant shall, at the time of registration and no later
than January 1 of each year, file a construction and major maintenance
plan with the Department. The Department shall make available at the
time of registration, and on January 15 of each year, the Department's
construction and major maintenance plan. The registrant's plan and
the Department's plan shall be submitted on a form prescribed by the
Department and shall contain the information determined by the Department
to be necessary to facilitate the coordination and reduction in the
frequency of excavations of rights-of-way. The plan shall include,
but shall not be limited to, the following information:
(2)
By February 1 of each year, the Department will have available for
inspection in its office a composite list of all projects of which
the Department has been informed in the annual plans. All registrants
are responsible for keeping themselves informed of the current status
of this list.
(3)
Thereafter, by February 15 of each year, each registrant may change
any project in its list and must notify the Department of all such
changes in its list. The Department will make all such changes available
for inspection in its office. Notwithstanding the foregoing, a registrant
may at any time join in a project of another registrant listed by
the other registrant or undertake any maintenance project not listed
in registrant's plan.
F.
Permit to install, excavate or otherwise occupy right-of-way required.
[Amended 12-2-2016 by Ord. No. 772]
(1)
Permit required. Except as otherwise provided in this section or
the Municipal Code, no person shall install facilities, excavate or
otherwise occupy any right-of-way without first having obtained a
permit for same from the Department. A copy of any permit issued under
this section shall be made available at all times by the permittee
at the indicated work site and shall be available for inspection by
the Department upon request.
(2)
Permit application. Application for a permit shall be made to the
Department on a form provided by the Village. Permit applications
shall contain, and will be considered complete only upon compliance
with the requirements of, the following provisions:
(a)
Registration and qualification as a registrant with the Department
if required by this section.
(b)
Submission of a completed permit application form, including
all required attachments. The application shall have three sets of
plans attached. The plans shall clearly describe the work to be done
and shall include scaled drawings showing any proposed poles and all
proposed equipment to be placed on a pole, the location and area of
the proposed project and the location of all existing and proposed
facilities that are part of applicant's proposed project, identify
all private and public utilities, structures, and street improvements
within the right-of-way area of the work covered under the permit.
The plans shall include right-of-way limits, pavement, curb, gutter,
sanitary sewer, storm sewer, water main, service laterals, natural
gas, electric and communication lines, and utility and light poles.
The plans shall provide the frequencies at which any equipment will
be operating.
(c)
Submission of an interference study certified by a qualified
engineer that the operation of the proposed project will not interfere
with the radio transmission equipment of other right-of-way users,
the Village or other governmental agencies, or nearby property owners.
(d)
Submission of evidence that the permittee has contacted nearby
property owners to determine whether the proposed project will interfere
with the owners' use of their property and whether such interference
issues have been resolved to the satisfaction of the property owners.
(e)
Payment of all money due to the Village for all of the following:
[1]
Applicable permit fees and costs as set forth below,
(f)
The Department shall not deny an applicant a permit because of a dispute between the Village and the applicant related to Subsection F(2)(e)[2] or [3] if:
(3)
Permit expiration. Once issued, a permit shall be valid for a period
of 60 days from the date of issuance. If the work has not commenced
with 60 days of permit issuance, the permit shall be null and void,
all permit fees shall be forfeited, and a new permit application and
fee must be submitted.
(4)
Bond. Before a permit may be issued, the applicant shall furnish the Village with an indemnity bond, approved by the Public Works Superintendent, in the sum of $5,000 or such greater amount as specified by the Public Works Superintendent, conditioned that the applicant will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by the work covered by the permit, and conditioned that the applicant will comply with the repair and restoration provisions of Subsection I.
(5)
Insurance. Prior to commencement of the work, a permittee shall furnish
the Village with satisfactory written evidence that the permittee
has in force, and will maintain during the life of the project, public
liability insurance of not less than $100,000 for one person, $300,000
for one accident, and property damage insurance of not less than $50,000.
G.
Permit fee. The permit fee shall be established by the Department
in an amount sufficient to recover the costs incurred by the Village.
This fee shall recover administrative and inspection costs, as well
as degradation costs. Payment of permit fees shall be collected prior
to issuance of the permit. However, the Public Works Superintendent
may, with the advice and consent of the Village Administrator, establish
a fee collection process from governmental agencies and private utilities
in order to expedite the permitting system and recognize that certain
installations, excavations or occupancies are deemed emergencies.
[Amended 12-2-2016 by Ord. No. 772]
(1)
Waiving of fees. Fees shall not be waived unless the work involved
is a direct result of the Public Works Superintendent's demand that
facilities owned by a utility be removed or relocated or unless waived
by the Public Works Committee upon review of the Public Works Superintendent's
decision.
(2)
Fees.
(a)
The fee for a permit shall be based on three items: a base fee;
a fee for removal of concrete or asphalt paving, curbing or sidewalk;
and a fee per horizontal or vertical lineal foot of boring, driving
or trenching. Fees shall be reviewed annually by the Public Works
Committee and recommendation for modification made to the Village
Board for adoption by resolution. Fee amounts shall be based on reasonable
assessments of the administrative and field personnel time, materials
and equipment in order to review and process the permit and to inspect
the work. If a permit expires before the work is started, all fees
shall be forfeited. The fee for a permit issued after commencing work,
except in cases of emergency as determined by the Public Works Superintendent,
shall be double the fees set forth herein. This permit fee shall be
in addition to any forfeiture provided elsewhere in the Municipal
Code.
(b)
For those permit applications which provide for a substantial
undertaking of excavation or other work within the public right-of-way
attended by disruption of the general public and traffic, the Public
Works Superintendent is authorized to assess the actual cost of the
Village employee's time engaged in the review and inspection of the
anticipated work, multiplied by a factor determined by the respective
department to represent the Village's cost for statutory expense,
benefits, insurance, sick leave, holidays, vacation and similar benefits,
overhead and supervision, said factor not to exceed 2.0, plus the
cost of mileage reimbursed to Village employees which is attributed
to the work, plus all consultant fees associated with the work at
the invoiced amount plus 10% for administration.
(3)
Exemption. The Village and its contractors shall not pay degradation
fees for excavations due to general government functions.
(4)
Nonrefundable fees. Permit fees paid for a permit that the Department
has revoked are not refundable.
H.
Excavation regulations.
(1)
Frozen ground. No excavation in public right-of-way shall be permitted
when the ground is frozen, except where specifically approved by the
Public Works Superintendent.
(2)
Protection of public. The permittee shall enclose with sufficient
barriers each excavation made in the public right-of-way. All machinery
and equipment shall be locked or otherwise effectively safeguarded
from unauthorized use when not being used by the permittee, his agents
or employees. Amber lights or flashers shall be kept lighted from
sunset to sunrise, one amber light or flasher to be placed at each
end of the excavation in the right-of-way and other lights sufficient
in number and placement to give adequate warning. Except by special
permission of the Public Works Superintendent, no trench shall be
excavated more than 250 feet in advance of pipe laying or left unfilled
more than 500 feet where pipe has been laid. The permittee shall take
all necessary precautions to guard the public effectually from accidents
or damage to person or property through the period of work. The permittee
and its agents and employees shall be held liable for all damages,
including costs incurred by the Village in defending any action brought
against it for damages that may result from the neglect of the permittee
or its agents or employees of any necessary precaution against injury
or damage to persons, vehicles or property of any kind.
(3)
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving commences. Immediately after such
determination by the Village Board, the Public Works Superintendent
shall notify in writing each person, entity, utility, Village department,
or other agency owner or controlling any sewer, water main, conduit,
or other utility in or under the street or any real property abutting
the street, that all such excavation work in such street must be completed
within 30 days. After such permanent improvement or repaving has been
completed, no permit shall be issued to open, cut or excavate the
street for a period of five years after the date of completion of
the improvement or repaving, unless in the opinion of the Public Works
Superintendent an emergency exists which makes it essential that the
permit be issued.
I.
Right-of-way repair and restoration.
(1)
The permittee shall be required to repair the public right-of-way to Department specifications, subject to inspection and acceptance by the Department, and to pay a degradation fee, as per Subsection I(4). In addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department. The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department.
(2)
Guarantees. The permittee guarantees its work and shall maintain
it for 36 months following its completion. During this period it shall,
upon notification from the Department, correct all work to the extent
necessary, using the method required by the Department. The work shall
be completed within 10 calendar days of the receipt of the notice
from the Department, not including days during which work cannot be
done due to circumstances constituting force majeure.
(3)
Failure to repair or restore. If the permittee fails to repair or
restore the right-of-way in the manner and to the condition required
by the Department, or fails to satisfactorily and timely complete
all work required by the Department, the Department at its option
may do such work. In that event the permittee shall pay to the Village,
within 30 days of billing, the cost of repairing or restoring the
right-of-way.
(4)
Degradation. The general formula for computing the degradation fee
shall be the cost per square yard for street, overlay and seal coat
multiplied by the appropriate depreciation rate for that street multiplied
by the area of the patch. The area of the patch shall be calculated
by adding one foot to each side of the actual street cut.
J.
Inspection.
(1)
Notice of completion. When the work under any permit hereunder is
begun and completed, the permittee shall notify the Department.
(2)
Site inspection. Permittee shall make the work site available to
the Department and to all others as authorized by law for inspection
at all reasonable times during the execution of and upon completion
of the work.
(3)
Authority of Department. At the time of inspection the Village may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The Village may issue an order to the registrant or permittee for any work that does not conform to applicable Village standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant or permittee shall present proof to the Department that the violation has been corrected. If such proof is not presented within the required time, the Department may revoke the permit pursuant to Subsection M.
K.
Ongoing management fees. The cost of trimming trees around facilities
is an ongoing expense to the Village. Such costs will be determined
and a fee to offset costs may be assessed in the future.
L.
Compliance with other laws. Obtaining a permit to excavate and/or
occupy the right-of-way does not relieve permittee of its duty to
obtain all other necessary permits, licenses, and authority and to
pay all fees required by any other Village, county, state, or federal
rules, laws or regulations. A permittee shall comply with all requirements
of local, state and federal laws. A permittee shall perform all work
in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way
pursuant to its permit, regardless of who performs the work.
M.
Revocations, suspensions, refusals to issue or extend permits.
[Amended 12-2-2016 by Ord. No. 772]
(1)
The Department may refuse to issue a permit or may revoke, suspend
or refuse to extend an existing permit if it finds any of the following
grounds:
(a)
The applicant or permittee is required to be registered and
has not done so.
(b)
Issuance of a permit for the requested date would interfere
with an exhibition, celebration, festival or other event.
(c)
Misrepresentation of any fact by the applicant or permittee.
(d)
Failure of the applicant or permittee to maintain required bonds
and/or insurance.
(e)
Failure of the applicant or permittee to complete work in a
timely manner.
(f)
The proposed activity is contrary to the public health, safety
or welfare.
(g)
The extent to which right-of-way space where the permit is sought
is available.
(h)
The competing demands for the particular space in the right-of-way.
(i)
The availability of other locations in the right-of-way or in other
rights-of-way for the facilities of the permittee or applicant.
(j)
The applicability of Village ordinances, or other regulations
of the right-of-way, that affect the location, type, height, size
and/or use of facilities in the right-of-way.
(k)
The proposed activity requires aboveground structures causing
safety issues including, but not limited to, sight line safety, vision
triangles, breakaway structures, public plowing and snow storage,
obstruction to police, fire and rescue services, and related issues
with the use of the right-of-way.
(2)
Discretionary issuance. The Department may issue a permit where issuance
is necessary: a) to prevent substantial economic hardship to a customer
of the permittee or applicant; or b) to allow such customer to materially
improve its utility service; or c) to allow the permittee or applicant
to comply with state or federal law or Village ordinances or an order
of a court or administrative agency.
(3)
Appeals. Any person aggrieved by a decision of the Department revoking,
suspending, refusing to issue or refusing to extend a permit may file
a request for review with the Village Public Works Committee. A request
for review shall be filed within 10 days of the decision being appealed.
Following a hearing, the Public Works Committee may affirm, reverse
or modify the decision of the Department.
N.
Work done without a permit.
(1)
Emergency situations. Each registrant shall immediately notify the
Village by verbal notice on an emergency phone number provided by
the Village of any event regarding its facilities that it considers
to be an emergency. The registrant may proceed to take whatever actions
are necessary to respond to the emergency. Within two business days
after the occurrence of the emergency, the registrant shall apply
for the necessary permits, pay the fees associated therewith and otherwise
fully comply with the requirements of this section. If the Village
becomes aware of any emergency regarding a registrant's facilities,
the Department may attempt to contact the local representative of
each registrant affected, or potentially affected, by the emergency.
The Village may take such action it deems necessary to protect public
safety as a result of the emergency, the cost of which shall be borne
by the registrant whose facilities occasioned the emergency.
(2)
Nonemergency situations. Except in an emergency, any person who,
without first having obtained the necessary permit, excavates a right-of-way
must subsequently obtain a permit, and shall, in addition to any penalties
prescribed by the Municipal Code, pay double the normal fee for the
permit, pay double all the other fees required by this section or
other provisions of the Municipal Code, deposit with the Department
the fees necessary to correct any damage to the right-of-way, and
comply with all of the requirements of this section.
O.
Location of facilities.
[Amended 12-2-2016 by Ord. No. 772]
(1)
Undergrounding. Unless in conflict with state or federal law, except
when existing aboveground facilities are used, the installation of
new facilities and replacement of old facilities shall be done underground
or contained within buildings or other structures in conformity with
applicable codes. The permittee may not install poles or towers in
right-of-way areas where there are no existing utility poles.
(2)
Limitation of space. The Department may prohibit or limit the placement
of new or additional facilities within the right-of-way if there is
insufficient space to accommodate all of the requests of persons to
occupy and use the right-of-way. In making such determination, the
Department shall strive to the extent possible to accommodate all
existing and potential users of the right-of-way, but may prohibit
or limit the placement of new or additional facilities when required
to protect public health, safety or welfare.
(3)
Attachment to bridges. Whenever an applicant or permittee under this
section requests permission to attach pipes, conduits, cables or wires
to any Village bridge structure, the applicant shall pay a fee of
$1,000 upon the granting of such permission to defray administrative
expense in the analysis and inspection of such installation. The owner
of such pipes, conduits, cables or wires shall be entitled to no compensation
for removal or relocation of the same in the case of repair, removal,
or replacement of said bridge structure by the Village.
(4)
Alternative sites. The permittee shall demonstrate to the Department's
satisfaction that the permittee is: a) prohibited from using an existing
pole or structure (either owned by permittee or a third party) because
such use is technically infeasible, economically prohibitive, or prohibited
by law; or b) from using a site located outside local right-of-way
because such use is technically infeasible, economically prohibitive,
or prohibited by law.
(5)
Height. If the proposed project involves installation of a pole that
is greater than 75 feet in height, the permittee must demonstrate
to the Department's satisfaction that: (a) the greater height is required
to accomplish the permittee's purpose; and b) the permittee is prohibited
from using existing poles or towers (either owned by permittee or
a third party) to accomplish its purposes because such use is technically
infeasible, economically prohibitive, or prohibited by law.
P.
Relocation and protection of facilities. A registrant shall promptly and at its own expense maintain, support, protect or relocate its facilities in the right-of-way whenever the Village, or its agent, acting in its governmental capacity, requests such action to allow for public work in the right-of-way. The Village, or its agent, shall issue a due date for the work to the local representative of not less than 72 hours, which due date shall be reasonable and based upon the actions to be undertaken by the registrant. If requested, the registrant shall restore the right-of-way following the completion of the work. If a registrant fails to perform the action by the due date, the registrant shall be subject to forfeitures as provided in § 1-19 of the Municipal Code. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from a right-of-way which has been vacated in favor of a nongovernmental entity unless the reasonable costs thereof are first paid to the person therefor.
Q.
Village's right to self-help. In the event that a registrant does not proceed to maintain, support, protect or relocate its facilities as ordered in Subsection P, the Village may arrange to do the work and bill the registrant. The bill shall be paid within 30 days of the date mailing to the registrant.
R.
Abandoned facilities.
(1)
Discontinued operations. A registrant who has determined to discontinue
its operations in the Village must either:
(a)
Provide information satisfactory to the Department that the
registrant's obligations for its facilities under this section have
been lawfully assumed by another registrant; or
(b)
Submit to the Department a proposal and instruments for dedication
of its facilities to the Village. If a registrant proceeds under this
clause, the Village may, at its option:
[1]
Accept the dedication for all or a portion of the facilities;
[2]
Require the registrant, at its own expense, to remove the facilities
in the right-of-way at ground or above ground level; or
[3]
Require the registrant to post a bond or provide payment sufficient
to reimburse the Village for reasonably anticipated costs to be incurred
in removing the facilities.
(c)
However, any registrant who has unusable and abandoned facilities
in any right-of-way shall remove them from that right-of-way within
two years, unless the Department waives this requirement.
(2)
Abandoned facilities. Facilities of a registrant who fails to comply with Subsection R(1) and which, for two years, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a public nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option: i) abate the nuisance; ii) take possession of the facilities; or iii) require removal of the facilities by the registrant, or the registrant's successor in interest.
(3)
Public utilities. This subsection shall not apply to a public utility,
as defined in § 196.01(5), Wis. Stats., that is required
to comply with § 196.81, Wis. Stats.
S.
Reservation of regulatory and police powers. The Village, by the
granting of a permit to excavate, obstruct and/or occupy the right-of-way,
or by registering a person under this section, does not surrender,
in any manner or to any extent lose, waive, impair or lessen the lawful
powers and rights which it now has or which may be hereafter granted
to the Village under the Constitution and statutes of the State of
Wisconsin to regulate the use of the right-of-way by the permittee;
and the permittee, by its acceptance of a permit to excavate, obstruct
and/or occupy the right-of-way or of registration under this section,
agrees that all lawful powers and rights, regulatory powers, or otherwise
as are or the same may be from time to time vested in or reserved
to the Village, shall be in full force and effect, and permittee is
subject to the regulatory and police powers of the Village to adopt
and enforce general ordinances and resolutions necessary to the health,
safety and welfare of the public, and is deemed to agree to comply
with all applicable general ordinances and resolutions enacted by
the Village pursuant to such powers.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project
not more than six feet from the face of such building and which do
not extend below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings which do not extend below any point seven
feet above the sidewalk, street or alley.
(3)
Public utility encroachments authorized by state law
or the Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on the sidewalk,
provided that such goods, wares, etc., do not remain thereon for a
period of more than two hours.
C.
Street privilege permit.
(1)
When required. Permits for the use of the streets,
alleys, sidewalks or other public ways or places of the Village may
be granted to applicants by the Public Works Superintendent for the
purpose of moving any building or structure or of encumbering the
street, alley, sidewalk or way with materials necessary in and about
the construction or demolition of any building or structure, provided
that such applicant has complied with the other requirements of this
subsection and has obtained a building permit if required by the Building
Code.[1] The applicant shall provide all necessary equipment to
be placed in accordance with the Public Works Superintendent.
[Amended 8-9-2014 by Ord. No. 750]
(2)
Bond. No street privilege permit shall be issued until
the applicant shall execute and file with the Village Treasurer a
bond in an amount determined by the Public Works Superintendent conditioned
that the applicant will indemnify and save harmless the Village from
all liability for accidents or damage caused by reason of operations
under the permit and will remove such encumbrances upon termination
of the operations and will leave the vacated premises in a clean and
sanitary condition and repair any and all damage to the streets, alleys,
sidewalks or public property of the Village resulting from such building
or moving operations.
[Amended 4-17-2001 by Ord. No. 565; 8-9-2014 by Ord. No. 750]
(3)
Fee. The fee for a street privilege permit shall be as set by resolution
of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
(4)
Conditions of occupancy. The permission to occupy
or obstruct the streets, alleys, sidewalks or public grounds is intended
only for use in connection with the actual erection, alteration, repair,
removal or moving of buildings or structures and shall be given upon
the following terms and conditions and subject to revocation without
notice by the Public Works Superintendent for violation thereof:
[Amended 8-9-2014 by Ord. No. 750]
(a)
Such temporary obstruction shall cover not more
than 1/3 of any street or alley.
(b)
Obstructions shall be sufficiently lighted at
night so as to be in full view of the public from all directions.
(c)
Sidewalk traffic shall not be interrupted, but
temporary sidewalks of not less than four feet in width guarded by
a closed fence at least four feet high on both sides may be maintained
during the period of occupancy.
(d)
The process of moving any building or structure
shall be continuous as practicable until completed and, if ordered
by the Public Works Superintendent, shall continue during all hours
of the day and night.
(e)
No building or structure shall be allowed to
remain overnight on any street crossing or intersection or so near
thereto as to prevent easy access to any fire hydrant.
(f)
Buildings shall be moved only in accordance
with the route prescribed by the Public Works Superintendent.
(g)
Upon termination of the work necessitating such
obstruction, all parts of the streets, alleys, sidewalks or public
grounds occupied under the permit shall be vacated, cleaned of all
rubbish and obstructions and placed in a safe condition for public
travel at the expense of the permittee.
(5)
Termination. All street privilege permits shall automatically
terminate at the end of three months from the date of issuance unless
an earlier termination date is specified thereon at the direction
of the Public Works Superintendent.
[Amended 8-9-2014 by Ord. No. 750]
D.
Removal by Village. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any unlawfully
obstructed sidewalk shall refuse or neglect to remove such obstruction
within 24 hours after notice from the Public Works Superintendent
to do so, the Public Works Superintendent shall remove such obstruction
and make return of the cost and expense thereof to the Village Treasurer
who shall enter such cost on the next annual tax roll as a special
charge against the property abutting such obstructed sidewalk, and
such sum shall be levied and collected as other special taxes against
real estate.
[Amended 4-17-2001 by Ord. No. 565; 8-9-2014 by Ord. No. 750]
[Amended by Ord. No. 487]
A.
Responsibility of owner or occupant. The owner or person in charge
of any building or lot fronting or adjoining any street shall clear
or cause to be cleared the sidewalk abutting such building or lot
from snow and ice and shall cause the same to be kept clear of snow
and ice within 24 hours after such snow or ice has ceased to accumulate,
provided that when ice has formed on any sidewalk so that it cannot
be removed such person shall apply an abrasive material or salt.
[Amended 2-18-2014 by Ord. No. 743]
B.
Deposit on public ways prohibited. No person shall
push, carry, mechanically blow or in any way deposit any snow or ice
on to any public street, alley, sidewalk or other public way. The
deposit of any snow or ice on public ways contrary to the provisions
of this section is a nuisance, and in addition to the penalty provided
for violation of this section, the Village may summarily remove any
snow or ice so deposited and cause the cost of said removal to be
charged to the owner of the property from which said snow or ice was
deposited on to the public way.
C.
Sidewalks to be kept clean. Every owner, occupant,
agent or person in charge of any premises, improved or vacant, that
shall abut on any sidewalk, shall keep the sidewalk free from rubbish,
dirt or filth of any kind.
The name of every street in the Village shall
be as determined and designated in the recorded and published plat
of the Village or any additions thereto.
Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be subject to a penalty as provided in § 1-19 of this Code.