City of Onalaska, WI Division 4 Street Openings, Permits and Encroachments

6.02.41 Regulations regarding construction of mailboxes.

A. Purpose. The purpose of this section is to establish standards for providing safe mailbox installation to lessen the likelihood of injuries, deaths, and substantial property damage resulting from mailboxes which do not have breakaway supports and/or sufficient attachment of mailbox to support so as to prevent the separation of the box from the support post when struck.

B. Support systems. The support should be a wood post or steel channel installed no more than 24 inches in the ground and extending to a vertical height such that the bottom of the mailbox is a minimum of 41 inches, but not to exceed a maximum of 45 inches above the ground surface. The support should be the following dimensions:

1. Square post: four by four.

2. Round wood post: 4 1/2 inch diameter.

3. Steel channel: two pounds per foot.

C. Location. In compliance with the requirements set by the United States Post Office for the location of a mailbox, the front edge of the mailbox itself shall be six to eight inches behind the back edge of the curb and gutter system, in the event that there is no curb and gutter system in place, contact the postmaster for guidance.

Fig. from USPS.com/mailboxes

D. Anchoring of support. Anchor plates shall not be used with metal posts. No support shall be set in concrete. Anti-twist flanges may be installed on a steel channel support but shall not be imbedded more than 10 inches into the ground.

E. Attachment. The box-to-post attachment shall be sufficient to prevent the separation of the box from the support post when struck.

F. Permit. Any support system not meeting the requirements of this section shall need a street privilege permit approved by the Director of Public Works.

G. Damage. Mailboxes damaged during the process of snow removal, street sweeping or other street department activities will only be replaced or repaired if that mailbox complies with the support system and location requirements, as set forth above, and only if physically hit by the snow removal or street equipment. If City replacement or repair is warranted, the mailbox will be returned to working condition until such time as permanent replacement or repair can be made. Repair or replacement shall be limited to a basic metal mailbox and a four-inch-by-four-inch square wood post, with material cost not to exceed $50.

H. Noncompliance. Persons constructing mailboxes in noncompliance with these provisions shall be required to sign a waiver of liability for replacement of the structure if it is damaged by street maintenance.

6.02.42 Excavations of streets, alleys, public ways and grounds.

A. Permit required. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, right-of-way, public alley, public way, public ditch, public ground, public sidewalk or City-owned easement within the City of Onalaska without a permit therefor from the City Engineer.

B. Application for permit. The application for a permit shall be in writing and signed by the applicant or their agent. The applicant shall submit to the City Engineer at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The City Engineer shall determine if sufficient information is submitted.

C. City work excluded. The provisions of this section shall not apply to excavation work by City employees or to contractors performing work under contract with the City necessitating openings or excavations in City streets.

D. Validity of permit. Permits shall be valid for a period of 90 days after approval beginning from the date of project commencement, except as provided for under Section 6.02.43 for pavement replacement. Permit holders may apply for a one-time extension for an additional 90 days at the discretion of the City Engineer by filling out a new permit application.

[Amended 3-14-2023 by Ord. No. 1758-2023]

E. Renewal of permit. If operations have begun under an approved permit and will continue beyond the thirty-day validation period, the permittee shall apply for a thirty-day permit renewal by written request to the City Engineer and payment outlined in the City Fee Schedule.[1] Permit renewals shall be issued at the discretion of the City Engineer.

[1] Editor's Note: The current Fee Schedule is on file in the City offices.

F. City standards; fees.

1. City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and Section 6.02.41. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

2. Fee. The fee for a street opening permit shall be as outlined in the City Fee Schedule. Permit fees shall be paid to the City Treasurer who shall issue the receipt therefor.

G. Insurance required. A permit shall be issued only upon condition that the applicant submit to the City Engineer satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $1,000,000 per one person, $1,000,000 for one accident and property damage coverage of not less than $1,000,000. The policy shall name the City of Onalaska as the additional insured.

H. Bond requirements.

1. Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant must execute and deposit with the City Clerk an indemnity bond of $10,000 conditioned that he will indemnify and save harmless the City of Onalaska and its officers from all liability for accidents and damage caused by any of the work covered by their permit, and that he will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Board of Public Works for a period of three years, and that they will pay all fines or forfeitures imposed upon them for any violation of any rule, regulation or ordinance governing street openings or drain-laying adopted by the Board of Public Works and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such bond shall also guarantee that, if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for three years. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given. An annual bond may be given.

2. Faulty work or materials shall be immediately replaced by the permittee upon notice by the City. Failure to correct deficiencies shall result in a one year revocation of the right to obtain a street opening permit. The Board of Public Works shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

3. The person who does such restoration shall be responsible therefore for three years from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the City in an amount of $10,000.

4. Whenever the Board of Public Works shall find that any such work has become defective within three years of the date of completion, he shall give written notice thereof to the contractor or to their surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Board of Public Works to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the City for the cost of doing the work as set forth in the notice.

5. An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the City Engineer as necessary to adequately protect the public and the City.

I. Public utilities. All public utilities as defined in § 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and Section 6.02.43. any and all subparagraphs thereunder, except that a public utility as defined within this section shall not be required to post the per-project indemnity bond nor annual bond.

6.02.43 Regulations governing excavations and openings.

A. Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and May 1 except where it is determined by the City Engineer to be an emergency excavation.

B. Protection of public.

1. Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the City Engineer or Police Department, and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Common Council, Board of Public Works, or its designee, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet from where pipe or conduit has been laid.

2. All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the City in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or their employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

3. Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to their project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

4. The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Section 6.02.43.H.

5. When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Section 6.02.43.H.

C. Pavement removal.

1. Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of their work and in accordance with all applicable codes and regulations. Concrete pavement shall be removed to the nearest joints.

2. If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The City Engineer shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

3. Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

4. The City Engineer may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to insure a full depth of concrete at the joint.

D. Excavation.

1. All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.

2. Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

E. Backfilling.

1. All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which in, in the opinion of the City Engineer, is unsuitable.

2. In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the City Engineer, hauled in.

3. Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

4. Mechanical compaction shall be used on all materials used for trench backfill. Each layer 12 inches maximum shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM-1557). Compaction or consolidation by flooding shall not be permitted.

5. All excavations shall be subject to testing by the City. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.

6. When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

F. Notice. It shall be the duty of the permittee to notify the City Engineer and all public and private individuals, firms and corporations affected by the work to be done at least one business day before such work is to commence. The City Engineer shall also be notified at least four hours prior to backfilling and/or restoring the surface.

G. Pavement replacement and sidewalk, curb and gutter and driveway restoration.

1. Backfill material shall be left below the original surface to allow for five inches of three inch crushed stone and four inches of 3/4 inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted 3/4 inch crushed stone.

2. Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers with each layer compacted to maximum density and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.

3. Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw-cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. Tie bars shall be installed as directed by the City Engineer.

4. All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform with the grade of the existing adjacent curb and gutter.

5. All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the City Engineer. No patching of concrete driveway areas will be allowed between joints or dummy joints.

6. Sidewalks shall be replaced the full width of the walk and minimum length shall be 60 inches. All replaced walk shall be four inches thick, except at driveways, where it shall be six inches thick. The new walk shall slope to conform to existing construction across the width of the walk toward the street.

7. In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of 3 1/2 inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.

H. Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley easement, way or ground and their agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify the Police Department immediately.

I. Excavation in new streets limited. Whenever the City 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 shall begin. Immediately after such determination by the Common Council, the Board of Public Works shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Board of Public Works, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.

J. Repair by City. The City may elect to have the City or a contractor working for the City make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining such repair for three years shall be charged to the person making the street opening.

6.02.44 Construction, obstructions, occupancy and encroachments.

[Amended 7-13-2021 by Ord. No. 1709-2021]

A. Purpose and findings.

1. In the exercise of governmental functions, the City has priority over all uses of the public rights-of-way. The City desires to anticipate and minimize the number of obstructions and excavations taking place therein 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 safe for public use. The taxpayers of the City bear the financial burden for the upkeep of the rights-of-way and a primary cause for the early and excessive deterioration of its rights-of-way is the frequent use of such rights-of-way.

2. 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.

3. 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:

a. Administrative costs associated with public rights-of-way projects, such as registration, permitting, inspection and supervision, supplies and materials.

b. Management costs associated with ongoing management activities necessitated by public rights-of-way users.

c. Repair or restoration costs to the roadway associated with the actual excavation into the public rights-of-way.

d. Degradation costs defined as depreciation caused to the roadway in terms of decreased useful life due to excavations into the public rights-of-way.

4. In response to the foregoing facts, the City hereby enacts this section relating to the 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 at some future time. This section also imposes reasonable restrictions on the placement of obstructions or other use of rights-of-way and is intended to complement the regulatory roles of state and federal agencies.

5. The purpose of this section is to provide the City with 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 section provides for the health, safety and welfare of the residents of the City as they use the rights-of-way of the City, as well as ensuring the structural integrity of the public rights-of-way.

B. Administration. The City Engineer or their designee is responsible for the administration of the rights-of-way, and the permits and ordinances related thereto.

C. Reservation of regulatory and police powers. The City, by the granting of a permit or registration to excavate, obstruct and/or occupy the rights-of-way, or by registering a person under this section, 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 to regulate the use of the rights-of-way by the permittee; and the permittee, by its acceptance of a permit to excavate, obstruct and/or occupy the rights-of-way or by registration under this section, agrees that all lawful powers and rights, regulatory powers, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the 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.

D. 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 they are the owner or occupant, except as set forth in this section. The following are exempt from the requirements of this section:

1. Building materials for the period authorized by the Building Inspector and City Engineer which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

2. Excavations and openings permitted under Sections 6.02.42. and 6.02.43. of this Title.

3. 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.

4. Awnings and/or canopies which do not extend below any point eight feet above the sidewalk, street or alley.

5. As allowed in Section 14.02.16.A.2., which states that projecting signs shall not extend closer than six feet to the edge of the public rights-of-way or extend closer than 10 feet to a side parcel line. Properties located along Main Street between State Highway 35 and 4th Avenue and located along State Highway 35 from Quincy Street to Oak Forest Drive shall be allowed to install a sign where the lowest portion thereof is a minimum of 10 feet above the level of the public sidewalk or public pedestrian thoroughfare or extend beyond four feet over the public sidewalk or public pedestrian thoroughfare.

E. Permit to excavate in the rights-of-way.

1. Except as otherwise provided in this section or other chapters of this Code, no person shall excavate any rights-of-way without first having obtained an excavation permit from the Engineering Department. The City and its contractors shall not be required to obtain a permit, provided such work is being done under the authorization of the City Engineer. 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 Engineering or Inspection Departments upon request.

2. Application for a permit shall be made to the Engineering Department. Permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions:

a. Registration with the Engineering Department if required by this section.

b. 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.

c. Payment of all fees due to the City for applicable permit fees, any unpaid fees or costs from prior excavations and any loss, damage or expense suffered by the City because of applicant's prior excavations of the rights-of-way or any emergency actions taken by the City.

3. The Engineering Department shall, pursuant to § 182.017(9), Wis. Stats., approve or deny a permit application no later than 60 days after receipt of the application. If the Engineering Department fails to act within the specific time frame, the application is considered approved. If the Engineering Department denies a permit application, the Engineering Department shall provide the applicant a written explanation of the reasons for the denial at the time of denial.

4. Permit inspections. Permittee shall notify the Engineering Department when work under the permit is begun and completed. 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. 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 Engineering Department that the violation has been corrected. If such proof has not been presented within the required time, the Engineering Department may revoke the permit pursuant to Section 6.02.44.F.

5. Permit fee. The excavation permit fee shall be established by the Engineering Department and shall be as set forth on the City of Onalaska Fee Schedule. This fee shall recover administrative and inspection costs, as well as degradation costs should the permittee choose to repair rather than restore the rights-of-way.

a. Payment of said fees shall be collected prior to issuance of the permit. However, the City Engineer may, with the advice and consent of the comptroller, 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. Fees shall not be waived unless the work involved is a direct result of the City Engineer's demand that a plant owned by a utility be removed or relocated or unless waived by the Board of Public Works on appeal.

b. The fee for a permit issued after commencing work, except in cases of emergency as determined by the City Engineer, shall be double the fees set forth herein. This permit fee shall be in addition to any forfeiture provided elsewhere in this section.

c. For those permit applications which provide for a substantial undertaking of excavation within the public rights-of-way attended by disruption of the general public and traffic, the City Engineer is authorized to assess the actual cost of the City staff'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.

d. The City and its contractors shall not pay permit or degradation fees for excavations due to general government functions.

e. Permit fees paid for a permit that the Engineering Department has revoked are not refundable.

6. Compliance with other laws. Obtaining a permit to excavate and/or occupy the rights-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 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 rights-of-way pursuant to its permit, regardless of who does the work.

F. Revocations, suspensions and refusals to issue or extend permits. The Engineering 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 per Section 6.02.44.K 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 rights-of-way space where the permit is sought is unavailable as determined by the City Engineer or their designee;

8. The competing demands for the particular space in the rights-of-way;

9. The availability of other locations in the rights-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 rights-of-way that affect location of facilities in the rights-of-way.

G. Rights-of-way repair and restoration.

1. The permittee shall be required to repair the public rights-of-way to Engineering Department specifications, subject to inspection and acceptance by the Department, and to pay a degradation fee, as per Section 6.02.44.H. unless the permittee elects to restore the rights-of-way pursuant to Section 6.02.44.I. 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 Engineering Department. The Engineering 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 City.

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 Engineering 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 Engineering Department, not including days during which work cannot be done because of circumstances constituting force majeure.

3. Failure to repair/restore. If the permittee fails to repair/restore the rights-of-way in the manner and to the condition required by the Engineering 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 rights-of-way to the City's standard.

H. 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.

I. 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 City Engineer or their designee.

J. Appeals. Any person aggrieved by a decision of the Engineering Department revoking, suspending, refusing to issue or refusing to extend a permit may file a request for review with the Board of Public Works. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Board of Public Works may affirm, reverse or modify the decision of the Engineering Department.

K. Registration for rights-of-way excavation, construction or permanent occupation.

1. Each person who has, or seeks to have, facilities located in any rights-of-way shall register with the Engineering Department on such form as set forth by the Department and pay the fee set forth on the City of Onalaska Fee Schedule. 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 rights-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 rights-of-way unless that person is registered with the Engineering Department or is a prequalified contractor.

3. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance requiring persons to plant or maintain the street terrace in the area of the rights-of-way between their property and the street curb or pavement, sidewalks or driveways or other similar activities. Persons performing such activities shall not be required to obtain any permits under this section.

L. Work done without a permit.

1. 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 section.

2. If the City becomes aware of any emergency regarding a registrant's facilities, the Engineering 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.

3. Except in an emergency, any person who, without first having obtained the necessary permit, excavates a rights-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 section or other chapters of this Code, deposit with the department the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of this article.

M. Issuance of permit for obstructions.

1. The City Engineer may issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:

a. The property must be located in an area with a non-residential zoning district.

b. Te fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.

c. The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than four feet at any point.

d. The property owner shall provide the City with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $1,000,000 per occurrence and the policy shall specifically state that it includes coverage for the fixtures located on the City sidewalks. In addition, the City shall be identified as a third-party insured.

e. The fixture(s) shall not be for sale nor shall the fixture(s) be used for the sale of merchandise, except if adjacent to the property and for no more than three consecutive days up to four times per calendar year for a sidewalk sale, specifically excluded are all forms of vending machines, vendors carts or tables, etc.

f. The property owner whose property adjoins the City sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.

g. The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.

h. Payment of a fee as set forth on the City of Onalaska Fee Schedule.

2. Upon reviewing the permit application if it is determined by the City Engineer that all of the above requirements have been met, they shall issue the permit. Said permit may be revoked by the Board of Public Works, Director of Public Works, Building Inspector or any City law enforcement officer at any time when one or more of the above requirements are not complied with or if they determine that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.

N. Removal by City for obstruction and encroachments located in city sidewalks, streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any City enforcement official determines that a City sidewalk, street, alley, public grounds or land dedicated for public use is unlawfully obstructed or encumbered in violation of this section, they shall issue a written notice to the property owner or occupant of the premises which adjoins the obstructed public area directing that the obstruction be removed within 24 hours.

O. Failure to remove obstruction.

1. If the owner or occupant fails to remove the obstruction within the time period established in Subsection N. above, respectively, any City enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

2. The failure of the City Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the City expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

P. Discontinued operations. A registrant who has determined to discontinue its operations in the City must either:

1. Provide information satisfactory to the Engineering Department that the registrant's obligations for its facilities under this section have been lawfully assumed by another registrant; or

2. Submit to the Engineering Department a proposal and instruments for dedication of its facilities to the City. If a registrant proceeds under this section, the City may, at its option:

a. Accept the dedication for all or a portion of the facilities;

b. Require the registrant, at its own expense, to remove the facilities in the rights-of-way at ground or above ground level; or

c. Require the registrant to post a bond or provide payment sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.

3. However, any registrant who has unusable and abandoned facilities in any rights-of-way shall remove it from that rights-of-way within two years, unless the Engineering Department waives this requirement.

Q. 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. However, this section shall not apply to a public utility that is required to follow the provisions of § 196.81, Wis. Stats. In addition, to any remedies or rights it has at law or in equity the City may, at its option:

1. Abate the nuisance;

2. Take possession of the facilities; or

3. Require removal of the facilities by the registrant, or the registrant's successor in interest.

R. Violations. Any person who violates this section or fails to comply with the provisions of this section shall be subject to a fine of not less than $200 nor more than $600. Each day such violation or failure to comply continues shall be considered a separate offense. In addition to the fine, any person who violates this section shall be liable for any and all costs incurred by the City in removing obstructions and/or restoring the rights-of-way to its condition prior to the occupancy or obstruction.

6.02.45 Street privilege permit.

A. When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the City may be granted to applicants by the City as per § 66.0425, Wis. Stats. for the purpose of moving any building, structure, or other large items which encroaches on more than one lane of traffic, 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 such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code of Ordinances. The City Clerk or his/her authorized deputy shall issue the permit. The City Clerk or their deputy shall request advisory recommendations from the Chief of Police, Director of Public Works, City Engineer and Building Inspector prior to issuance of the permit. City officials may attach conditions to the permit, including proof of liability insurance.

B. Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk a bond of $10,000, conditioned that the applicant will indemnify and save harmless the City from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance 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 City resulting from such building or moving operations.

C. Fee. The fee for a street privilege permit shall be as outlined in the City Fee Schedule.[1]

[1] Editor's Note: The current Fee Schedule is on file in the City offices.

D. 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, structures or other items as defined above, and shall be given upon the following terms and conditions and subject to revocation without notice by the Board of Public Works, Chief of Police, Common Council or Building Inspector for violation thereof:

1. Such temporary obstruction shall cover not more than 1/3 of any street or alley.

2. Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

3. 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.

4. The process of moving any building, structure or other large item as defined above shall be as continuous as practicable until completed and, if ordered by the Chief of Police, Common Council or Board of Public Works, shall continue during all hours of the day and night.

5. No building, structure or other large item as defined above 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.

6. Buildings, structures or other large items as defined above shall be moved only in accordance with the route prescribed by the Common Council, upon the recommendation of the Chief of Police.

7. 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.

E. 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 discretion of the Common Council.

F. Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall remove or neglect to remove such obstruction within 24 hours after such notice from the Common Council, Board of Public Works, City Engineer, Chief of Police or Building Inspector to do so, it shall be the duty of the Common Council, Board of Public Works, City Engineer, Chief of Police or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the City 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.

6.02.46 Use of streets, alleys and other public ways by persons and businesses renting dumpsters and roll-off containers.

A. Permit required. No person or business engaged in the business of leasing dumpsters or refuse containers for the storage of materials discarded or used in the process of construction or alteration of buildings are to place or allow for placement such dumpsters or refuse containers in any street, alley, highway, sidewalk or other public way within the City without first obtaining a permit from the Public Works Department.

B. Application. Applications for the dumpster or refuse container business permit shall be on forms provided by the City Public Works Department. Each person engaged in the business of leasing to others dumpsters or refuse containers which are placed in any street, alley, highway, sidewalk or other public way within the City for the storage of materials discarded or used in the process of construction or alteration of structures or buildings shall make a separate application and said permit shall be valid for the period of time specified thereon, not to exceed 14 days.

C. Fees. The permit fee for each person engaged in the business of renting or leasing to others the use of dumpsters or refuse containers which are placed in the street or other public ways within the City shall be as outlined in the City Fee Schedule.

D. Insurance. Prior to the issuance of a permit provided for in this section, the permittee must furnish the Department of Inspection satisfactory written evidence that it has in force and will maintain during the term of the permit public liability insurance of not less than $1,000,000 for one person, $1,000,000 for one accident and property damage insurance of not less than $1,000,000. Each permittee shall also furnish to the City a certificate of insurance naming the City of Onalaska as additional insured, and evidence of the same shall be on file with the Public Works Department at all times during the term of the permit.

E. Regulations.

1. Each dumpster or refuse container shall have posted thereon the name, address and phone number of the lessor or owner of said dumpster or refuse container.

2. Each dumpster or refuse container shall be equipped with reflectorized tape or other reflector devices adequate to warn others of its presence during night hours.

3. No dumpster or refuse container shall be placed in a moving lane of traffic.

4. Each permittee shall notify the Public Works Department of the location of all dumpsters or refuse containers placed in the streets, alleys, highways, sidewalks or other public ways within the City.

5. Each permittee shall comply with any order of the Public Works Department to remove any dumpster or refuse container should the placement or location of the dumpster or refuse container constitute a safety hazard.

6. No dumpster or refuse container shall be placed so as to interfere with public works construction being performed by the City.

7. Each permittee shall place flashing lights on at least two sides of each dumpster or refuse container so as to alert all persons of the placement of the dumpster or container during hours of darkness.

8. No dumpster or refuse container shall be placed within 25 feet of any intersection.

F. Security. Each permittee shall provide in the sum of not less than $1,000 a bond by an approved insurance or security company or letter of credit meeting the approval of the City Attorney in order to insure removal of any dumpster or refuse container ordered removed by the Public Works Department and to cover any damages to any street, alley, highway, sidewalk or other public way that may be damaged by the permittee's placement of a dumpster or refuse container.