As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
CITY
The City of Reedsburg, Wisconsin, a Wisconsin municipal corporation.
DEGRADATION
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.
DEPARTMENT
The Department of Public Works of the City.
EMERGENCY
A condition that:
A.
Poses a clear and immediate danger to life or health, or of
a significant loss of property; or
B.
Requires immediate repair or replacement in order to restore
service to a customer.
EXCAVATE
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
FACILITIES
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.
IN
When used in conjunction with "right-of-way," means over,
above, within, on or under a right-of-way.
LOCAL REPRESENTATIVE
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.
OBSTRUCT
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.
OCCUPY
To dwell or reside above, on, in, or below the boundaries
of the public rights-of-way.
PERMITTEE
Any person to whom a permit to use, occupy, excavate or obstruct
a right-of-way has been granted by the City.
PERSON
Corporation, company, association, firm, partnership, limited
liability company, limited liability partnership and individuals and
their lessors, transferees and receivers.
REGISTRANT
Any person who has registered with the City to have its facilities
located in any right-of-way.
REPAIR
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.
RESTORE or RESTORATION
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed, per Department
specifications.
RIGHT-OF-WAY
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.
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.
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.
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.