[HISTORY: Adopted by the Village Board of the Village of
Sherwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-8-1995 by Ord. No. 55; amended 2-25-2002]
[Amended 8-10-2015 by Ord. No. 2015-123]
No person shall construct or make any alterations to a driveway,
sidewalk, culvert or ditch without first obtaining a permit from the
Village Administrator.
[Amended 8-10-2015 by Ord. No. 2015-123]
A permit fee, as prescribed in Chapter 40, Fees and Penalties, of this Code, shall be on file in the Clerk-Treasurer's office.
A.
Every
person required to have a permit as set forth above shall post a bond
with the Village Clerk-Treasurer prior to the permit being issued.
B.
The
bond for the construction or alteration of a driveway, sidewalk or
culvert shall be determined by the Village Engineer so as to be sufficient
to replace or repair, at the Village's discretion, the work performed
by the permit holder and any damage to the curb or gutter abutting
the property resulting from the installation or improvements to the
driveway, sidewalk or culvert.
C.
The
bond for the construction and maintenance of a ditch line shall be
determined by the Village Board and on file in the Clerk-Treasurer's
office.
D.
The
bond(s) shall be released upon completion of the project and inspection
by the Village Administrator or his designee.
E.
The
builder or developer is responsible to reclaim the bond within two
years of the date of building permit issuance. Unclaimed funds remaining
after two years will revert to the Village.
[Added 4-11-2011]
A.
After
the issuance of a permit, the Village shall, within five days, cause
the staking of the grades for the elevation of the culvert. All culverts
shall be installed according to the stakes established by the Village.
B.
Within
five days of installing the culvert, the permit holder shall give
written notice to the Clerk-Treasurer that the culvert has been installed.
C.
In
the event the Village determines the culvert has been improperly installed,
the Village shall give a written notice to repair, modify or reinstall
the culvert according to the specifications of the Village. Upon completion
of the specifications set forth in the notice or the expiration of
the time to complete these specifications as set forth in the notice,
whichever is earliest, the Village shall cause the culvert installation
to be reinspected at the expense of the permit holder and shall make
a claim for these expenses against the bond.
D.
In
the event the permit holder fails to complete the specifications within
the period set forth in the notice, the Village shall make a claim
against the bond for the costs of completing the specifications in
the notice, along with all costs and expenses, administrative and
professional, which were incurred by the Village. The Village shall
then complete the specifications set forth in the notice. The determination
of compliance with the specifications of the notice shall be made,
in writing, by the appropriate Village representative.
A.
This
section shall apply only where an existing culvert has been installed
for a driveway or drainage ditch(es) in the Village. The connection
of any pipe to either end of an existing culvert installation shall
be considered an extension of that culvert installation.
B.
No extension shall cause the existing culvert and its extension together to exceed a total length of 40 feet, excluding end walls, except as provided in Subsection E.
C.
In
the event it is necessary to use the assistance of the Village Engineer,
the permit holder shall be required to pay all engineering expenses.
The Village Administrator shall make a claim against the bond for
the engineering expenses.
D.
The
Village Administrator shall have the right to refuse the extension
permit if it is determined that the existing installation already
constitutes an impediment to drainage or requires substantial adjustment
in order to maintain adequate drainage flows, or that an addition
or extension to the existing culvert would create an obstruction or
impediment to existing drainage flow.
E.
On
property which is zoned for commercial or industrial purposes, an
extension of an existing culvert or the installation of a new culvert
may be allowed which will bring the total length of the driveway culvert
to a maximum length of 60 feet, provided the sixty-foot culvert length
is necessary for ingress and egress of traffic. The total culvert
length for driveways whose main function and/or purpose is for employee
or customer parking is hereby limited to 40 feet.
A.
All
culverts within the Village right-of-way shall be installed according
to the grade established and set by the Village.
B.
All
new installations and modifications to existing culverts shall have
end walls on both ends of the culvert pipe.
C.
Only galvanized steel culvert pipe and end walls or reinforced concrete pipe and end walls are permitted for use. The minimum length of any installation shall be 24 feet of actual culvert pipe, and the maximum length allowed in § 5-5E shall be allowed if all provisions of that subsection are applicable and all conditions are met. Other installations may be made in excess of 40 feet only with the permission and subject to any conditions of the Village Board. All descriptions of length hereunder do not include the end walls.
D.
The
minimum culvert diameter shall be 18 inches in diameter unless the
Village Engineer designates the need for culverts of a larger diameter.
E.
All
culverts shall be set a minimum of eight feet from the property line
within sixty-six-foot-wide right-of-way and a minimum of six feet
from the property line within sixty-foot right-of-way. Culverts may
be set at greater distances from the property line than those established
above if prior written approval is obtained from the Village Administrator.
F.
To
protect the culvert from crushing, breaking or bending or any other
damage, it is required that a minimum of eight inches of crushed rock
or gravel be placed on top of the culvert.
G.
In
the event eight inches of cover would bring grade level too high,
the installation of all arch (oval) culvert pipe may be required by
the Village.
H.
Bedding
and filling around the pipe and bedding and filling beneath the pipe
shall be done with crushed rock, stone, gravel or other material approved
by the Village, but in no event shall dirt, clay or other loose ground
be used.
A.
General
design. Private driveways shall be of such width and so located that
all of such driveways and their appurtenances are within the limits
of the frontage abutting the street of the property served. Driveways
shall not provide direct ingress or egress to or from any street intersection
area and shall not encroach upon or occupy areas of the street right-of-way
required for effective traffic control or for street signs or signals.
A driveway shall be so located and constructed that vehicles approaching
or using it shall have adequate sight distance along the street, All
driveway approaches shall be at least six feet apart, with any one
driveway no closer than three feet to the property line, except by
special permission from the Village Board, and driveways shall, in
all cases, be placed wherever possible as not to interfere with utilities
in place.
(1)
For a corner lot, no driveway shall be closer than 10 feet to the
property line or 30 feet to the extended street line at an intersection,
whatever is greater.
(2)
The pavement surface of the driveway shall not extend beyond the
edge of the roadway pavement and shall terminate at a butt joint.
The driveway pavement surface shall not overlay onto the roadway pavement.
All cuts through existing concrete curbing for driveway entrances
shall be saw cut, leaving the full width of the curb section. Each
end of the curb section shall be saw cut at no more than a forty-five-degree
angle from horizontal.
B.
Number.
The number of driveways to serve a single-family residence fronting
on a street shall be one and no more than two for a multifamily dwelling,
except where deemed necessary and feasible by the Village Board for
reasonable and adequate service to the property, considering the safety,
convenience and utility of the street.
C.
Drainage.
The surface of the driveway connecting with rural-type street cross
sections shall slope downward and away from the highway shoulder a
sufficient distance to preclude ordinary surface water drainage flowing
onto the street roadbed.
D.
Driveway
widths.
(1)
Residential property. Openings for vehicular ingress and egress shall
be at least 10 feet wide at the property line for residential properties,
but shall not exceed three feet wider than the garage door opening
or 34 feet (whichever is greater) at the property line, with a maximum
additional six feet at the road.
(2)
Commercial property. No part of the private driveway located within
the dedicated area of a public street shall, except as hereinafter
provided, have a width greater than 35 feet measured at right angles
to the center line of said driveway, except as increased by permissible
radii. In instances where the nature of the commercial or industrial
activity or the physical characteristics of the land would require
a driveway of greater width than herein specified, the Village Board
in its discretion may permit a driveway of additional width.
E.
Concrete
aprons. No concrete driveway apron may be installed in the right-of-way
of streets that do not have a curb and gutter. The Village will not
be responsible for the repair or replacement of the concrete for any
existing driveway apron in the public right-of-way due to damage or
removal for ditch maintenance, underground utility installation or
repair or road reconstruction purposes. However, concrete driveway
aprons may be installed on streets with curb and gutter, and repairs
of concrete driveway aprons, for any of the above-stated purposes,
shall be the responsibility of the Village.
A.
Application.
This section and regulation shall apply to all property owners in
the Village owning property that abuts upon any ditch or natural watercourse
which exists upon easements for roads or ditches in the Village. The
requirements of this section shall obligate the property owner relevant
to the maintenance of said ditches or watercourses for all such ditches
or watercourses within 50 feet of the property line of said property.
In the event the easement is less than 100 feet and is bordered on
two sides by private property owners, each property owner shall be
responsible for that 1/2 of the easement adjacent to his property.
Any property owner in the Village who has property that abuts any
ditch or watercourse as described above shall be responsible to maintain
said watercourse and/or ditch to allow the free, open and continuous
flow of water through said ditch or watercourse.
B.
Regulation.
Where there occurs in said ditch or watercourse any accumulation or
deposits of materials or vegetation, other than naturally deposited
snow and/or ice, which shall create a condition that shall cause the
obstruction, diversion or blockage, temporary or otherwise, of water,
which blockage causes the backing up of the water flow or stagnation
of the water, or causes said water to flow upon property of another
or of the Village, outside of the area of said easement for said ditch
or watercourse, the property owner shall be required to remove such
blockage, obstruction or materials causing diversion within 48 hours
of notice in writing from the Village. If the owner of said property
or premises shall fail to remove such blockage, obstruction or diversion,
as required by this section, the Village shall complete said work,
and the expense thereof shall be made a special tax upon the property
adjacent to which the work was done pursuant to the above definition
of areas of responsibility of the property owners.
[Amended 8-10-2015 by Ord. No. 2015-123]
C.
Ditch
enclosure. Ditches may be enclosed with the installation of an appropriately
sized pipe or culvert upon the written request of the abutting property
owners and the approval of the Village Board. The full cost of such
an installation and restoration shall be borne by the property owners
requesting the same. Recommendation on the project must be given by
the Village Engineer prior to commencement of the work, and the work
must be inspected during the installation, along with final inspection.
Manholes or cleanouts may be required for culvert lengths exceeding
50 feet. All costs of clearing, ice removal and other maintenance
work shall be borne by the abutting property owners.
[Amended 8-10-2015 by Ord. No. 2015-123]
[Added 8-10-2015 by Ord.
No. 2015-123]
Violations of this article shall be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code.
[Adopted 5-9-2016]
A.
The Village finds that the passage of the Telecommunications Act
of 1996 and updates to both federal law and the Wisconsin Statutes
have resulted in increased use of the public rights-of-way and increased
costs to Village taxpayers and that these costs are likely to continue
into the foreseeable future.
B.
The Village finds that excavation and occupancy of the public rights-of-way
causes direct and indirect 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 costs to the roadway associated with excavation into the right-of-way.
(4)
Degradation costs defined as depreciation caused to the roadway in
terms of decreased useful life, due to excavations into the public
rights-of-way.
C.
In response to the foregoing facts, the Village hereby enacts this
article relating to administration of and permits to excavate, obstruct
and/or occupy public rights-of-way, together with an ordinance making
necessary revisions to other Code provisions. This article imposes
reasonable regulations on placement and maintenance of facilities
currently within its rights-of-way or to be placed therein at some
future time. It is intended to complement the regulatory roles of
state and federal agencies.
D.
Village authority to enact this article is pursuant, but not limited
to, the following federal, state and local authority: 47 U.S.C. § 253(c);
§ 62.11(5), Wis. Stats.; § 66.045, Wis. Stats.;[1] § 66.048, Wis. Stats.;[2] § 86.16, Wis. Stats.; § 182.017, Wis.
Stats.; § 196.58(1), Wis. Stats.; § 196.499(1),
Wis. Stats.; and the Sherwood Municipal Code.
E.
The purpose of this article is to provide the Village a legal framework
within which to regulate and manage the public rights-of-way and provide
for recovery of costs.
F.
This article provides for the health, safety and welfare of Village
residents as they use the Village rights-of-way and ensures the structural
integrity of the public rights-of-way. The Village desires to minimize
and anticipate the number of excavations taking place thereon and
to regulate the placement of facilities within the rights-of-way to
ensure they remain available for public services both now and in the
future.
G.
Village taxpayers bear the financial burden for the upkeep of public
rights-of-way. A primary cause for the early and excessive deterioration
of these is the frequent excavation by persons who locate facilities
therein.
H.
Under this article, all persons who excavate, obstruct and/or occupy
any public rights-of-way will reimburse the Village's administrative,
ongoing management and degradation costs. Right-of-way users will
bear a fair share of the financial responsibility for the integrity
of the public rights-of-way.
The following definitions apply in this article. References
hereafter to "sections" are, unless otherwise specified, references
to sections in this article. Defined terms remain defined terms whether
or not capitalized.
Has the meaning in § 196.01, Wis. Stats.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The accelerated depreciation of the 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 Sherwood Public Works Department, or its designee, as
determined by Village Administration.
Any person authorized to carry out inspections related to
the provisions of this article.
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, fiber optic cables, lines, antennas, microwave
dishes, and other structures and appurtenances.
When used in conjunction with "right-of-way," over, above,
in, 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 article.
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.
To dwell or reside above, on, in, or below the boundaries
of the public rights-of-way.
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the Village under this article.
Municipality, corporation, company, association, firm, partnership,
limited liability company, limited liability partnership and individuals
and their lessors, transferees and receivers.
The Public Service Commission of the State of Wisconsin.
Has the meaning provided in 196.01, Wis. Stats.
Any person who has registered with the Village 1) to have
its facilities located in any right-of-way or 2) to use or seek to
occupy or use the right-of-way or any facilities in the right-of-way.
To perform construction work necessary to make the right-of-way
usable for travel, according to department specifications, or to return
facilities to an operable condition.
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 performance bond, a letter of credit, or cash deposit posted
to ensure the availability of sufficient funds to assure that right-of-way
excavation restoration work is completed in both a timely and quality
manner, per Village specifications.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed according
to Village specifications.
The surface and space at, on, above and below a dedicated
public roadway, highway, street, bicycle lane, multimodal path, public
sidewalk, greenway, etc., in which the Village has an interest, including
other dedicated rights-of-way for travel purposes.
Includes municipal sewer and water services and also includes,
except as provided herein, but not limited to 1) services provided
by a public utility as defined in § 196.01 Wis. Stats.;
2) telecommunications, pipeline, fire and alarm communications, water,
electricity, light, heat, cooling energy, or power services; 3) services
provided by a district heating or cooling system; and 4) cable service
as defined and regulated under 47 U.S.C. §§ 521 through
573. Wireless telecommunications service and cellular mobile radio
telecommunications (CMRS) services as defined by Section 332(d) of
the Federal Communications Act of 1996 [47 U.S.C. § 332(d)]
are excluded, unless these services have a presence in the right-of-way.
An application made to excavate or obstruct more of the right-of-way
than allowed in, or to extend, a permit that had already been issued.
Has the meaning in § 196.01 of the Wisconsin Statutes.
Has the meaning in § 196.01 of the Wisconsin Statutes.
A person owning or controlling a facility in the public right-of-way
or seeking to own or control a facility in the public right-of-way
that is used or is intended to be used for transporting telecommunications
or other voice or data information. This includes telecommunications
providers, utilities, ATUs, and carrier. For purposes of this article,
a cable television system defined and regulated under 66.082(2)(d),
Wis. Stats.,[1] and telecommunications activities related to providing
natural gas or electric energy services, and which are not offered
for resale as telecommunications services, are not telecommunications
right-of-way users.
Offering for sale or conveyance of voice, data or other information
at any frequency over any part of the electromagnetic spectrum, including
the sale of service for collection, storage, forwarding, switching
and delivery incidental to such communication and including the regulated
sale of customer premises equipment. This does not include cable television
service, wireless service or broadcast service.
Has the meaning in § 196.01 of the Wisconsin Statutes.
Facilities in the right-of-way which have remained unused
for one year and for which the registrant is unable to provide proof
that it has either a plan to begin using them within the next 24 months
or a potential facility purchaser or user.
The placement and/or connection of utilities such as water,
sewer, storm sewer, electric, gas, etc., that wishes to use the right-of-way
to service an individual lot, which taps into a utility system controlled
by the Village that has been previously approved through the local
subdivision process.
The placement and/or connection of a utility that wishes
to use the right-of-way to service typically more than an individual
lot and which does not necessarily tap into a utility system controlled
by the Village, nor has its placement or connection been previously
approved through the local subdivision process.
The Village of Sherwood, Wisconsin, a Wisconsin municipal
corporation.
[1]
Editor's Note: Section 66.082, Wis. Stats., was renumbered
§ 66.0419 and amended by 1999 Act 150, § 241,
effective 1-1-2001.
The Village offices/administration is responsible for oversight
of the rights-of-way and the permits and ordinances related thereto.
A.
Each person who occupies, uses, or seeks to occupy or use the right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities located in any right-of-way shall register with the Village and pay the fee set forth in § 5-15. Registration will consist of providing application information and paying an application fee.
(1)
The initial application and registrant shall be wholly responsible
for all requirements and liability related to usage of the approved
application.
(2)
This section shall not apply to persons exclusively utilizing facilities
provided by another right-of-way user.
(3)
The responsibilities contained within this article remain wholly
the sole responsibility of the applicant and shall not transfer to
any other entity in the event the applicant sublets or otherwise allows
any other user to use the same right-of-way space for which the initial
application is approved.
B.
No person shall construct, install, repair, remove, relocate, or
perform any other work or use any facilities or any part thereof in
any right-of-way without first being registered with the Village.
C.
Nothing herein shall be construed to repeal or amend the provisions
of a Village ordinance requiring persons to plant or maintain their
street tree(s), lawn, culverts, etc., legally placed in the right-of-way
area between their property and the street or street curb, construct
sidewalks, install street signs or perform other similar activities.
Persons performing such activities shall not be required to obtain
any permits under this Chapter.
A.
Information required; local representation.
(1)
The information provided to the Village at the time of registration
shall include, but not be limited to:
(a)
A completed Request to Work in Village Right-of-Way application;
(b)
Each registrant's name, address, contact telephone number,
facsimile number, and e-mail address;
(c)
Nature of work describing work to be done;
(d)
Notification of abutting property owners;
(e)
Declaration of payment to the Village for allowance to process
the application;
(f)
Diggers Hotline registration certification.
(2)
A local representative and his or her name and contact address, phone
number and e-mail address shall be available for contact at all times
and in case of an emergency.
B.
All right-of-way users shall demonstrate to the satisfaction of the
Village the following:
(1)
Financial capability to cover any liability which might arise out
of their presence in the right-of-way if the person is a corporation,
a LAX or LLP, a copy of any certificate required to be filed under
the Wisconsin Statutes as recorded and certified by the Secretary
of State.
(2)
A copy of the applicant'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 said Commission or other state or federal agency.
C.
Insurance requirements for registrants.
(1)
The registrant shall maintain at all times during the progress of
work on or use of right-of-way insurance with the minimum limits shown
below:
(a)
Workers' compensation, including occupational disease,
meeting the statutory requirements of Wisconsin. The registrant will
provide a waiver of subrogation in favor of the Village. Even if the
registrant is a self-employed person without employees, the registrant
is required to maintain such workers' compensation insurance
coverage for registrant's own protection against workplace injuries.
The registrant will provide a waiver of subrogation in favor of the
Village.
(b)
Commercial general liability insurance providing limits for
both bodily injury with personal injury including its employees of
$1,000,000 each occurrence, $1,000,000 personal and advertising injury,
$2,000,000 products and completed operation aggregate, and $2,000,000
general aggregate. The aggregate limits must apply per project. The
policy must include the Village as an additional insured on a primary
and noncontributory basis for both ongoing and completed operations.
The registrant will provide a waiver of subrogation in favor of the
Village.
(c)
Umbrella liability insurance with limits of $1,000,000.
D.
Registrant shall keep all of the information listed above current
at all times by providing information to the Village as to changes
within 15 working days following the date on which the registrant
has knowledge of any change.
A.
A registration fee shall be established by the Village in an amount
sufficient to recover the costs incurred by the Village for processing,
maintaining, and reviewing registrant materials. This fee shall be
computed as the average of labor costs, indirect costs, and other
direct and indirect hard and soft costs associated with registration.
B.
Planned utilities. In the case of planned utility placement, such
as a development that has gone through a public hearing process and
been approved via the local subdivision process that includes public
hearings, for tapping into preset water, sewer, electrical, etc.,
hook ups normally associated with a such development, whether residential,
commercial, or otherwise, the registrant needs to apply for a one-time
permit to register to work in the right-of-way for each separate parcel
hookup associated with each new building. In this event, the registration
fee shall also cover the cost of a permit fee and not necessitate
any further fees.
C.
Unplanned utilities. In the case of unplanned utility placement,
such as the request to place or connect a utility in the right-of-way,
but not necessarily to any local, public utility, nor having gone
through the standard local public hearing process associated with
approved local development(s), the registrant shall pay a registration
fee, as well as other fees discussed in this article, as said unplanned
utility is not considered typical utility (placement).
D.
The Village may at any time recalculate and reestablish the registration
fee as local conditions warrant.
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. This is especially true regarding the potential
subletting of certain previously permitted right-of-way space to be
used by an entity other than the registrant. Therefore, periodic reporting
by the registrant of known construction plans will be useful to achieve
this objective.
A.
Construction and major maintenance plan.
(1)
Every registrant shall, at the time of registration and no later
than January of each year, file a construction and major maintenance
plan with the Village. The Village shall make available at the time
of registration, and on January 1 of each year, its construction and
major maintenance plan, currently in form of a Five-Year Capital Improvement
Plan. The registrant's plan shall be submitted to the Village
in a form that facilitates coordination and reduction in the frequency
of rights-of-way excavations.
(2)
The plan shall include, but shall not be limited to:
(a)
Locations and estimated beginning and ending dates of projects
to be commenced during the next calendar year (in this section, a
"next-year project"); and
(b)
Tentative locations and estimated beginning and ending dates
for projects contemplated for the two years following the next calendar
year (in this section, a "two-year project").
(3)
The term "project" in this section includes both next-year projects
and two-year projects.
A.
Except as otherwise provided in this article or other chapters of
the Village Code, no person shall excavate any right-of-way or place
facilities in a right-of-way without first having obtained an excavation
permit from the Village.
B.
No person shall excavate the right-of-way or maintain an excavation in the right-of-way beyond the date or area specified in the permit unless such person makes a supplementary application for another excavation permit before the expiration of the initial permit, pursuant to § 5-25, and a new permit or permit extension is granted.
C.
A copy of any permit issued under this article shall be made available
at all times by the permittee at the worksite and shall be available
for inspection by the Village upon request.
A.
Application for a permit shall be made to the Village and will be
considered complete only upon compliance with the requirements of
the following provisions:
(1)
Registration with the Village as required by this article.
(2)
Submission of a completed permit application form, including all
required attachments, and scaled drawings showing the location and
area of the proposed project and the location(s) of all existing and
proposed facilities.
(3)
Notation of abutting property owners and relative distance(s) from
proposed project to current building(s) and any known future building
sites potentially affected by the proposed project.
B.
Payment of all money due to the Village shall be made for:
(1)
Applicable permit fees and costs as set forth herein, subject also
to any and all unpaid fees or costs due for prior excavations; and
(2)
Any loss, damage, or expense suffered by the Village because of applicant's
prior rights-of-way excavations or any emergency actions taken by
the Village due to applicant's deemed negligence, as determined
by the Village.
C.
When an excavation permit is requested for purposes of installing
additional facilities and the posting of a restoration bond for the
additional facilities is insufficient, the posting of an additional
or larger restoration bond for the additional facilities is required.
D.
The Village shall not deny a registrant an excavation permit because
of a dispute between the Village and the registrant, if the dispute
is the subject of an appeal filed by the registrant and no decision
in the matter has as yet been rendered.
A.
An excavation permit fee shall be established by the Village in an
amount sufficient to recover costs incurred by the Village. The fee
shall recover costs incurred for each of the following categories
as provided herein:
(1)
Administrative. The general formula for computing the administrative
fee shall be the average per-permit costs for labor plus indirect
and other costs.
(2)
Repair. No repair fee shall be collected by the Village. However, the permittee shall be required to repair the right-of-way to Village standards, subject to inspection and acceptance by the Village, as per § 5-11, and to pay a degradation fee.
(3)
Degradation.
(a)
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. (Note: This applies to applicable asphalt,
concrete, or other material treatments, as well as any other public
infrastructure impacted by permittee's project.)
(b)
The patch area shall be calculated by adding two feet to each
side of the actual street cut. Depreciation schedules shall be provided
by type of street. (Note: The Village may choose to use the average
of its roadway depreciation schedules or provide a more specific schedule,
based on other data.)
(c)
[Note: The Springstead Study Formula is Degradation Fee = (Cost
per Square Yard for Street, Overlay and Sealcoat) x (Depreciation
Schedule Rates) x (Area of Patch).]
(d)
The total excavation permit fee shall be calculated as Permit
Fee = Administrative Cost + Degradations Fee.
B.
The Village and its contractors shall not pay degradation fees.
C.
No excavation permit shall be issued without payment of applicable
fees.
A.
Timing. Work to be done under the excavation permit, and repair of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work was prohibited as unseasonable or unreasonable under § 5-26.
B.
General repair. In addition to repairing its own work, permittee
must repair the general area of the work and surrounding areas, including
the paving and its foundations, to the specifications of the Village.
The Village shall inspect the area of the work and accept the work
when it determines proper repair has been made.
C.
Permittee repair. If the permittee chooses to repair the right-of-way,
it shall at the time of application apply for an excavation permit
and post a repair bond in an amount determined by the Village to be
sufficient to cover the cost of repairing the right-of-way to Village
specifications. If, 36 months after completion of the repair of the
right-of-way, the Village determines the right-of-way has been properly
repaired, the surety on the repair bond shall be released, at permittee's
request to the Village.
D.
Standards. Permittee shall perform repairs according to the specifications
of the Village and/or in the conditions specified in the permit. The
Village shall have the authority to prescribe the manner and extent
of the repair and may do so in written procedures of general application
or on a case-by-case basis.
E.
Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion, except for organic material which shall be maintained for 24 months. During this period the permittee shall, upon notification from the Village, correct all repair work to the extent necessary, using the method required by the Village. Said work shall be completed within 10 calendar days of the receipt of the notice from the Village, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under § 5-26.
F.
Failure to repair. If the permittee fails to repair the right-of-way
in the manner and to the condition required by the Village, or fails
to satisfactorily and timely complete all repairs required by the
Village, the Village, at its option, may do, or cause to have done,
such work at permittee's expense. In that event the permittee
shall pay to the Village, within 30 days of billing, the cost of repairing
the right-of-way. If permittee fails to pay as required, the Village
may exercise its rights under the repair bond.
A.
Choice. Permittee may elect to restore the excavation and surrounding pavement in lieu of repair and a degradation fee. If restoration is elected, the Village shall specify the area to be restored and the methods and materials to be used for restoration. Permittee shall then also comply with the preceding § 5-20, though as applied to restoration instead of repair.
B.
Responsibility. In either event, whether permittee, or its agents
in such case, chooses to restore or repair the approved work area
in the public right-of-way, the financial responsibility is completely
that of the approved applicant/permittee, whose work must be done
to the satisfaction of the Village.
When work under any permit is completed, the permittee shall
notify the Village.
A.
The permittee shall make the work site available to the Village and
to all others as authorized by law for inspection at all reasonable
times during the execution of and upon completion of the work.
B.
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 for any work that does not conform to the applicable 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 shall present proof to the Village the violation has been corrected. If such proof has not been presented within the required time, the Village may revoke the permit pursuant to § 5-27.
A.
Fees shall reflect the ongoing or long-term costs to the Village
of managing access to the right-of-way. These costs are exclusive
of administrative costs collected under excavation permit fees. Fees
shall be initially set, and may be annually recomputed, to recover
the costs incurred by the Village in ongoing management of the right-of-way.
Ongoing management costs include, but are not limited to, inventory
maintenance, facility tracking, GIS, tree trimming, grass mowing,
R-O-W maintenance, location marking and general inquiries related
to public R-O-W users. The fee shall be based on the number of feet
of right-of-way occupancy by a telecommunications R-O-W user.
B.
The per-foot management fee shall be calculated as follows: Annual
management fee p/foot = Total annual management cost/Total R-O-W occupancy
feet.
C.
Ongoing management fees shall be subject to adjustment and correction
at the conclusion of the calendar year. Such fees shall be paid for
all and any part of a calendar year, prorated on a daily basis, during
any time period in which an entity either uses or occupies the right-of-way
to furnish telecommunications service or places, maintains or uses
an entity's wires, mains, pipes, or any other facilities in the
right-of-way.
Joint enterprise applications shall not be allowed. The registrant/applicant/permittee
is the sole responsible party for any particular R-O-W permit.
A.
Excavation permit area. An excavation permit is valid only for the
area of the right-of-way specified in the permit. No permittee may
perform any work or excavate outside the area specified in the permit,
except as provided herein. Any permittee that determines an area greater
than that specified in its permit must be excavated must, before working
in that greater area:
B.
Excavation permit duration. An excavation permit is valid only for
the dates specified in the permit. No permittee may begin work before
the permit start date or, except as provided herein, continue working
after the end date. If a permittee does not finish the work by the
permit end date, it must apply for a new permit for the additional
time it needs and receive the new permit, or an extension of the old
permit, before working after the end date of the previous permit.
C.
Additional permit fees. The permittee shall pay administration costs
for any additional permits.
D.
Excluded additional permit fees. The permittee is not required to
pay an additional degradation fee for the same excavation, if one
has already been paid on the original permit.
A.
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.
B.
All work performed for the benefit of the permittee shall be in conformance
with all applicable codes and established rules and regulations and
to the Village's satisfaction. It is the sole responsibility
of permittee for any and all work done in the right-of-way pursuant
to its permit, regardless of who does the work, and irrespective if
it is the permittee, a sublettor, a lessee, or their equivalent, doing
the work. The permittee is the responsible party.
C.
Except as agreed to by the Village, no right-of-way excavation may
be done when seasonally prohibited or when conditions are unreasonable
for such work, including, but not limited to:
A.
The Department may refuse to issue a permit and may revoke, suspend
or refuse to extend an existing permit if it finds any of the following
grounds:
(1)
The applicant or permittee is required by this article to be registered and has not done so (see § 5-13);
(2)
The applicant or permittee is seeking to perform work not included in its construction and major maintenance plan required by this article, which work was reasonably foreseeable by the applicant or permittee at the time said permit was filed (see § 5-16);
(3)
Issuance of a permit for the requested date would interfere with
an exhibition, celebration, festival, or other event;
(4)
Misrepresentation of any fact(s) by the applicant or permittee;
(5)
Failure of the applicant or permittee to maintain required bonds
and/or insurance;
(6)
Failure of the applicant or permittee to complete work in a timely
manner;
(7)
The proposed activity is contrary to the public health, safety or
welfare;
(8)
The extent to which right-of-way space where the permit is sought
is not available;
(9)
There exist competing demands for the particular space in the right-of-way;
(10)
There is availability of other locations in the right-of-way or in
other rights-of-way for the facilities of the permit applicant;
(11)
The applicability of ordinances, regulations, conditions or concerns
of the right-of-way that affect location of facilities in the particular
requested right-of-way space;
(12)
The condition and age of the right-of-way, and whether and when it
is scheduled for construction and/or total or partial reconstruction;
or
(13)
The applicant or permittee is otherwise not in full compliance with
requirements of this article or state or federal law.
B.
Notwithstanding these conditions, the Village may issue a permit
where issuance is necessary:
(1)
To prevent substantial economic hardship to a customer of the permittee
or applicant; or
(2)
To allow such customer to materially improve its utility service;
or
(3)
To allow the permittee or applicant to comply with state or federal
law or Village ordinance or an order of a court or administrative
agency.
C.
Any person aggrieved by a decision of the Village revoking, suspending,
refusing to issue or refusing to extend a permit may file a request
for review with the Plan Commission.
(1)
A request for review shall be filed at the Village offices with the
Plan Commission within 10 days of the decision to deny an application.
Following Plan Commission review, that body shall make a recommendation
to either "affirm" or "reverse" the Village Administration determination.
(2)
Thereafter, a person aggrieved by the Plan Commission's nonreversal
of the initial administration decision to refuse a request may request
a final hearing before the Village Board of Appeals to affirm, reverse
or modify the initial decision of the Village administration.
A.
In the event of an emergency, each permittee shall immediately notify
the Village by verbal notice on an emergency phone number provided
by the Village, or via the Calumet County Sheriff's Department,
of any event regarding its facilities it considers to be an emergency.
Permittee may proceed to take whatever actions are necessary to respond
to the emergency. Within two business days after the occurrence of
the emergency, the permittee shall apply for the necessary permits,
pay related fees associated therewith, and otherwise fully comply
with the requirements of this article.
B.
In the event the Village becomes aware of an emergency regarding
a permittee's facilities, the Village may attempt to contact
the local representative of each affected site, or potentially affected,
by the emergency. The Village may take whatever action it deems necessary
to protect the public safety as a result of the emergency, the cost
of which shall be borne by the permittee whose facilities occasioned
the emergency.
C.
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 ordinance,
pay double the normal fee for said permit, pay double all the other
fees required by this chapter and/or other chapters of the Village
Code, deposit with the Village the fees necessary to correct any damage
to the right-of-way and comply with all of the requirements of this
article.
If the excavation of the right-of-way begins later or ends sooner
than the date given on the permit, the permittee shall notify the
Village of the accurate information as soon as this information is
known.
A.
Under conformity with local, state and federal law, unless 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 Village may assign specific corridors within the right-of-way,
consistent with Wisconsin Public Service Commission standards. All
excavation or other permits issued by the Village involving the installation
or replacement of facilities shall designate the proper corridor for
the facilities at issue consistent with the Wisconsin Public Service
Commission's corridor selection standards.
B.
The Village may prohibit or limit the placement of new or additional
facilities within the right-of-way if there is insufficient space
to accommodate all of the requests of persons to occupy and use the
right-of-way. In making such decisions, the Village 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 the public good,
health, safety or its welfare.
A.
Except as prohibited by state or federal law, a permittee must promptly
and at its own expense, with due regard for seasonal working conditions,
permanently remove and relocate its facilities in the right-of-way
whenever the Village requests such removal and relocation and shall
restore the right-of-way to the same condition it was in prior to
said removal or relocation.
B.
The Village may make such request to prevent interference by a private
entity's facilities with:
(1)
A present or future Village use of the right-of-way; or
(2)
A public improvement undertaken by the Village; or
(3)
An economic development project in which the Village has an interest
or investment; or
(4)
When the public good, health, safety and welfare require it; or
(5)
When necessary to prevent interference with the safety and convenience
of ordinary travel using the right-of-way.
C.
Notwithstanding the foregoing, a person shall not be required to
remove or relocate its facilities from any right-of-way which has
been vacated in favor of a non governmental entity unless and until
the reasonable costs therefor are first paid to the person.
D.
Relocation of any and all facilities shall be solely at the expense
of the registrant/permittee.
A.
When the Village performs work in the right-of-way and finds it necessary
to maintain, support, shore, or move a permittee's facilities,
the Village shall notify the local representative. Permittee shall
meet with the proper Village representative within 24 hours and coordinate
the protection, maintenance, supporting, and/or shoring of the permittee's
facilities. Permittee shall accomplish the needed work within 72 hours,
unless the Village agrees to a longer period.
B.
In the event that the permittee does not proceed to maintain, support,
shore, or move its facilities, the Village may arrange to do or have
the work done on its behalf and bill the permittee, of which said
bill shall be paid within 30 days, and shall be solely at the expense
of the permittee.
Permittee expressly acknowledges and agrees, by acceptance of
the permit, to indemnify, defend, and hold harmless the Village, its
officers, boards, committees, commissions, elected officials, employees
and agents, from and against all loss or expense (including liability
costs and attorney's fees) by reason of any claim or suit, or
of liability imposed by law upon the Village or its agents or employees
for damages because of bodily injury, including death at anytime resulting
therefrom, sustained by any person or persons or on account of damages
to property, including loss of use thereof, arising from, in connection
with, caused by or resulting from the permittee's acts or omissions
in the exercise of its rights under this permit, whether caused by
or contributed to by the Village or its agents or employees.
A.
A permittee who has determined to discontinue its operations in the
Village must either:
(1)
Provide information satisfactory to the Village that its obligations
for its facilities under this article have been lawfully assumed by
another registrant; or
(2)
Submit a proposal and instruments for dedication of its facilities
to the Village:
(a)
If a permittee proceeds under this clause, the Village may,
at its option, either accept the dedication for all or a portion of
the facilities; or
(b)
Require the permittee, at its own expense, to remove all permitted
facilities in the right-of-way above ground level, at ground level,
and below ground level; or
(3)
Require the permittee to post a bond or provide payment sufficient
to reimburse the Village for reasonably anticipated costs to be incurred
in removing the facilities, including also any and all associated
Village administrative and/or construction costs.
B.
However, any permittee who has unusable and abandoned facilities
in any right-of-way shall remove it from that right-of-way within
two years, unless the Village waives this requirement.
C.
Facilities that fail to comply with § 5-34 and which, for two years, remain unused shall be deemed to be abandoned.
D.
Abandoned facilities are deemed to be a nuisance. In addition to
any remedies or rights it has at law or in equity, the Village may,
at its option:
E.
This section shall not apply to a public utility as defined by 196.01(5),
Wis. Stats.
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
article, does not surrender or to 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 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 article, agrees that all lawful powers and rights, regulatory
power, 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 exercise thereof by the Village
at any time. A permittee or registrant is deemed to acknowledge that
its rights are 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 law and ordinances enacted by the Village pursuant
to such powers.
If any section, subsection, sentence, clause, phrase, or portion
of this article 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 portions
thereof.
