[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg 5-8-2017 by Ord.
No. 1841-17. Amendments noted where applicable.]
A.
In the exercise of governmental functions, the City has priority
over all other uses of the public rights-of-way. The City desires
to anticipate and minimize the number of obstructions and excavations
taking place 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 City 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 use and excavation by persons who locate facilities
therein.
B.
The City finds increased use of the public rights-of-way and increased
costs to the taxpayers of the City and that these costs are likely
to continue into the foreseeable future.
C.
The City finds that delays by occupants of the rights-of-way in maintaining,
supporting, protecting or relocating facilities, if they affect public
construction projects, have the potential to significantly increase
public works projects costs borne by the taxpayers.
D.
The City finds that occupancy and excavation of its rights-of-way
causes costs to be borne by the City and its taxpayers, including,
but not limited to:
(1)
Administrative costs associated with public rights-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(2)
Management costs associated with ongoing management activities necessitated
by pubic rights-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 into the public
rights-of-way.
A.
Based on the foregoing facts, the City enacts this chapter relating
to administration of and permits to excavate, obstruct and/or occupy
the public rights-of-way. This chapter imposes reasonable regulations
on the placement and maintenance of equipment 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.
B.
The purpose of this chapter is to provide the City a legal framework
within which to regulate and manage the public rights-of-way and to
provide for the recovery of the costs incurred in doing so. This chapter
provides for the health, safety and welfare of the residents of the
City as they use the right-of-way of the City, as well as to ensure
the structural integrity of the public rights-of-way.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The City of Reedsburg, Wisconsin, a Wisconsin municipal corporation.
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 Department of Public Works of the City.
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 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.
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 use, occupy, excavate or obstruct
a right-of-way has been granted by the City.
Corporation, company, association, firm, partnership, limited
liability company, limited liability partnership and individuals and
their lessors, transferees and receivers.
As defined in Wis. Stats. § 196.01(5).
Any person who has registered with the City to have its facilities
located in any right-of-way.
To perform construction work necessary to make the right-of-way
usable for travel according to Department specifications, or to restore
equipment to an operable condition.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed, per 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 City has an interest, including other dedicated rights-of-way
for travel purposes.
The Director of Public Works or designee is responsible for
the administration of the rights-of-way and the related permits and
ordinances.
A.
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 the City Fee Schedule. Registration will consist of providing
application information and paying a registration fee.
B.
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.
C.
Nothing herein shall be construed to repeal or amend the provisions
of a City ordinance regulating constructing sidewalks or driveways
or other similar activities. Persons performing such activities shall
not be required to obtain any permits under this chapter.
The information provided to the Department at the time of application
shall include, without limitation:
A.
Each registrant's name, Diggers Hotline registration certificate
number, address and e-mail address, if applicable, and telephone and
facsimile numbers.
B.
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.
C.
Reason for and a clear description of the proposed work, use, structure,
or obstruction, and the exact location of said work, use, structure
or obstruction.
D.
The requested dates and hours of work or placement of obstruction.
E.
Other local, state or federal approvals, if necessary.
F.
A certificate of insurance.
G.
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 Department of Financial Institutions.
H.
A copy of the registrant's certificate of authority from the Wisconsin
Public Service Commission or other applicable state or federal agency,
if the person is lawfully required to have such certificate from said
Commission or other state or federal agency.
I.
Sufficient evidence of the following health, welfare, and safety
concerns:
(1)
City infrastructure shall remain fully operational and it shall not
be disturbed or altered unless permitted by the City;
(2)
Drainage shall not be affected in the location; and
(3)
The placement of any structure or obstruction shall not present a
safety concern, with the construction site being sufficiently lit
(if applicable) or fenced and guarded (if applicable).
J.
Execution of an indemnification agreement in a form prescribed by
the Department.
K.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Department shall charge an annual registration fee, as specified
in the City Fee Schedule, to recover the costs incurred by the City
for processing and updating registration information.
A.
Applicant shall have a nonexclusive use of the premises.
B.
Granting the request shall not contribute to public expense.
C.
Applicant's use of the premises shall be in compliance with all local,
state, or federal laws, and applicant shall obtain all permits required
by local, state, or federal authorities required for the use of the
premises.
D.
Applicant shall not install any utility lines, equipment and/or facilities
on private property without written consent of the owner and shall
verify parcel boundaries. Easement/access agreements shall be obtained
for any City parcels not part of public rights-of-way.
E.
A right-of-way user registration shall not be construed as a waiver
of the applicant's obligation to comply with other or more restrictive
City ordinances.
F.
City infrastructure shall not be disturbed or altered unless otherwise
permitted, and shall remain visible, accessible and operational. Any
City infrastructure damaged shall be immediately reported to the Department
of Public Works, be repaired to City standards and time frame, and
inspected and approved by the Public Works Department at the expense
of the applicant.
G.
Any construction, reconstruction, improvements or restoration of
the public right-of-way after disturbance shall be consistent with
City standards, and all public rights-of-way shall be restored to
their original condition upon completion of the work, activities or
installation, unless otherwise permitted.
H.
Drainage shall not be adversely affected due to the installation
of any utility lines, structures, equipment or facilities.
I.
Placement of obstructions during installation and all work and activities
shall:
(1)
Not present a public safety concern;
(2)
Be sufficiently lit at night (if required by permit) so as to be
in full view of the public from all directions;
(3)
Be fenced or guarded (if required by permit) in a manner which ensures
public safety; and
(4)
Be consistent with any limitations and conditions set forth in the
approval.
J.
The applicant shall indemnify and hold the City harmless for any
loss/liability, claims, or damage to any person or property arising
from:
A.
Occupancy/excavation permit required. Except as otherwise provided
in this section or other provisions of the Code of the City of Reedsburg,
no person shall occupy or excavate any right-of-way without first
having obtained a permit 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.
B.
Occupy/excavation permit application. Application for a permit shall
be made to the Department. Permit applications shall contain, and
will be considered complete only upon compliance with the requirements
of the following provisions:
(1)
Registration with the Department as required by this section.
(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 of all existing and
proposed facilities that are part of applicant's proposed project.
(3)
Payment of all money due to the City for applicable permit fees,
unpaid fees or costs due for prior excavations; or any loss, damage,
or expense suffered by the City because of the applicant's prior excavations
of the rights-of-way or any emergency actions taken by the City.
A.
An occupy/excavation permit fee shall be established by the Department
in an amount sufficient to recover the costs incurred by the City.
This fee shall recover administrative and inspection costs, as well
as degradation costs, should the permittee choose to repair rather
than restore the right-of-way. Payment of said fees shall be collected
prior to issuance of the permit. However, the Director of Public Works
may, with the advice and consent of the Common Council, establish
a fee collection process from governmental agencies and private utilities
in order to expedite the permitting system and recognize that certain
excavations are deemed emergencies.
B.
Waiving of fees. Fees shall not be waived unless the work involved
is a direct result of the Public Works Director's demand that a structure
owned by a utility be removed or relocated or unless waived by the
Common Council on appeal.
C.
Fee schedule. Fees shall be as established from time to time by the
Common Council and are included in the City's current Fee Schedule.
There shall be minimum fees for each excavation or for constructing
any building, pole or other structure; or if Plan Commission and/or
Public Works Committee review is required under the Code of the City
of Reedsburg. An annual permit may also be requested. An annual permit
would cover minor or routine work done in the ROW and does not include
work requiring Commission and/or Committee review. Excavation permits
for utility work in new subdivisions and within the limits of public
works projects, where the work is undertaken prior to the installation
of pavement, shall only be charged the minimum fee. The fee for a
permit issued after commencing work, except in cases of emergency
as determined by the Engineer, shall be double the fees set forth
herein, This permit fee shall be in addition to any forfeiture provided
elsewhere in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
For those permit applications which provide for a substantial undertaking
of excavation within the public right-of-way attended by disruption
of the general public and traffic, the Director of Public Works is
authorized to assess the actual cost of the City 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
City'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 City employees which is attributed to the work, plus all consultant
fees associated with the work at the invoiced amount, plus 10% for
administration.
E.
City exemption. The City and its contractors shall not pay degradation
fees for excavations due to general government functions.
F.
Permit fees paid for a permit that the Department has revoked are
not refundable.
A.
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 unless the permittee
elects to restore the right-of-way. 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.
B.
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. Said 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 because of circumstances constituting force majeure.
C.
Failure to repair/restore. If the permittee fails to repair/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 City, within
30 days of billing, the cost of repairing/restoring the right-of-way.
D.
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. The degradation
fee schedule is available upon request from the Director of Public
Works.
E.
Restoration in lieu of repair and degradation. The permittee may
elect to restore the excavation and surrounding pavement in lieu of
repair and a degradation fee. The restoration shall be in accordance
with the Standard Specifications for Public Works Construction and
the plans and specifications of the Department.
A.
Notice of completion. When the work under any permit hereunder is
begun and completed, the permittee shall notify the Department.
B.
Site inspection. The 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 work.
C.
Authority of Department. At the time of inspection, the City may
order the immediate cessation of any work which poses a threat to
the life, health safety or well-being of the public. The City may
issue an order to the registrant or permittee for any work that does
not conform to the applicable City 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 has
not been presented within the required time, the Department may revoke
the permit.
The cost of trimming trees around facilities is an ongoing cost
to the City. The specific cost will be determined and a fee to offset
those costs may be assessed in the future.
Obtaining a permit to excavate and/or occupy the right-of-way
does not relieve the permittee of its duty to obtain all other necessary
permits, licenses, and authority and to pay all fees required by any
other City, 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 does the work.
A.
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:
(1)
The applicant or permittee is required to be registered and has not
done so;
(2)
Issuance of a permit for the requested date would interfere with
an exhibition, celebration, festival or other event;
(3)
Misrepresentation of any fact by the applicant or permittee;
(4)
Failure of the applicant or permittee to maintain required bonds
and/or insurance;
(5)
Failure of the applicant or permittee to complete work in a timely
manner;
(6)
The proposed activity is contrary to the public health, safety or
welfare;
(7)
The extent to which right-of-way space where the permit is sought
is available;
(8)
The competing demands for the particular space in the right-of-way;
(9)
The availability of other locations in the right-of-way or in other
rights-of-way for the facilities of the permittee or applicant;
(10)
The applicability of ordinances or other regulations of the
right-of-way that affect location of facilities in the right-of-way.
B.
Discretionary issuance. The Department may issue a permit where issuance
is necessary to prevent substantial economic hardship to a customer
of the permittee or applicant, or to allow such customer to materially
improve its utility service, or to allow the permittee or applicant
to comply with state or federal law or City ordinance or an order
of a court or administrative agency.
C.
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 City Board. A request for review shall
be filed within 10 days of the decision being appealed. Following
a hearing, the City Board may affirm, reverse or modify the decision
of the Department.
A.
Emergency situations. Each registrant shall immediately notify the
City by verbal notice on an emergency phone number provided by the
City 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 chapter.
B.
If the City 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 City 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 registrant whose facilities occasioned the emergency.
C.
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 ordinance, pay double the normal fee for said permit,
pay double all the other fees required by this chapter or other chapters
of the Code of the City of Reedsburg, 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 chapter.
A.
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.
B.
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 decisions, 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
the public, health, safety or welfare.
A.
A registrant must, promptly and at its own expense, permanently remove
and relocate its facilities in the right-of-way whenever the City,
acting in its governmental capacity, requests such removal and relocation.
If requested, the registrant shall restore the right-of-way.
B.
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 nongovernmental entity unless and until
the reasonable costs thereof are first paid to the person therefor.
A.
When the City performs work in the right-of-way and finds it necessary
to maintain, support, shore or move the registrant's facilities, the
City shall notify the local representative. The registrant shall meet
with the City's representative within 24 hours and coordinate the
protection, maintenance, supporting and/or shoring of the registrant's
facilities. The registrant shall accomplish the needed work within
72 hours unless the City agrees to a longer period.
B.
In the event that the registrant does not proceed to maintain, support,
shore, or move its facilities, the City may arrange to do the work
and bill the registrant, said bill to be paid within 30 days.
A.
Discontinued operations. A registrant who has determined to discontinue
its operations in the City must either:
(1)
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
(2)
Submit to the Department a proposal and instruments for dedication
of its facilities to the City. If a registrant proceeds under this
clause, the Village may, at its option:
(a)
Accept the dedication for all or a portion of the facilities;
or
(b)
Require the registrant, at its own expense, to remove the facilities
in the right-of-way at ground or above ground level; or require the
registrant to post a bond or provide payment sufficient to reimburse
the City for reasonable anticipated costs to be incurred in removing
the facilities. However, the registrant who has unusable and abandoned
facilities in any right-of-way shall remove it from that right-of-way
within two years, unless the Department waives this requirement.
B.
Abandoned facilities. Facilities of a registrant who fails to comply
with this section and which for two years remains unused shall be
deemed to be abandoned. Abandoned facilities are deemed to be a nuisance.
In addition to any remedies or rights it has at law or in equity,
the City may, at its option:
C.
Public utilities. This section shall not apply to a public utility,
as defined by § 196.01(5), Wis. Stats, that is required
to follow the provisions of § 196.81, Wis. Stats.
The City, by the granting of a permit to excavate, obstruct
and/or occupy the right-of-way, or by registering a person under this
chapter, does not surrender or in any extent lose, waive, impair,
or lessen the lawful powers and rights which it has now or may be
hereafter granted to the City 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 chapter agrees that all lawful powers and rights, regulatory
powers, or police power, or otherwise as are the same may be from
time to time vested in or reserved to the City, shall be in full force
and effect and subject to the regulatory and police powers of the
City 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 City pursuant
to such powers.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions
thereof.
Any person who violates this chapter or fails to comply with
the provisions of this chapter shall be subject to a forfeiture of
not less than $50 nor more than $500. Each day such violation or failure
to comply continues shall be considered a separate offense.
