The following definitions apply in this chapter. References
hereafter to "sections" are, unless otherwise specified, references
to sections in this chapter. Defined terms remain defined terms whether
or not capitalized.
APPLICANT
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
DEGRADATION
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.
DEPARTMENT
The Village's Street Superintendent and/or designee.
DEPARTMENT INSPECTOR
Any person authorized by the Department to carry out inspections
related to the provisions of this chapter.
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, in, 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 chapter.
OBSTRUCT
To place any object in a right-of-way so as to hinder free
and open passage over/under on or in 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 excavate or occupy a right-of-way
has been granted by the Village under this chapter.
PERSON
Municipality, corporation, company, including a "company"
as defined in § 182.017(1g)(b), Wis. Stats. association,
firm, partnership, limited liability company, limited liability partnership
and individuals and their lessors, transferees and receivers.
PSCW
The Public Service Commission of Wisconsin.
REGISTRANT
Any person who has registered with the Village:
A.
To have its facilities located within any right-of-way; or
B.
To use or seek to occupy or use the right-of-way or any facilities
in the right-of-way.
REPAIR
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 that is in as good or better condition
as the facilities were before the work commenced.
REPAIR BOND
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 Department specifications.
RIGHT-OF-WAY
The surface and space above and below a public roadway, highway,
street, bicycle lane, landscape terrace, shoulders, side slopes, and
public sidewalk in which the Village has an interest, including other
dedicated rights-of-way for travel purposes.
RIGHTS-OF-WAY USER
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.
SERVICE or UTILITY SERVICE
Includes services such as municipal sewer and water services
and services provided by a public utility or a company subject to
§ 182.017 Wis. Stats., and other similar services.
SUPPLEMENTARY APPLICATION
An application made to excavate or obstruct more of the right-of-way
than allowed in, or to extend, a permit that has already been issued.
UNUSABLE FACILITIES
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 purchaser or user of the facilities.
VILLAGE
The Village of Fox Crossing, Wisconsin, a Wisconsin municipal
corporation.
The Department is responsible for the administration of the
rights-of-way, and the permits and ordinances related thereto.
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
Department of the accurate information as soon as this information
is known.
When the Village performs work in the right-of-way and finds
it necessary to maintain, support, shore, or move a registrant's
facilities, the Village shall notify the local representative. The
registrant shall meet with the Village'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 Village agrees
to a longer period. In the event that the registrant does not proceed
to maintain, support, shore, or move its facilities, the Village may
arrange to do the work and bill the registrant, said bill to be paid
within 30 days.
By registering with the Village, or by accepting a permit under
this chapter, a registrant or permittee, as the case may be, agrees
to indemnify, defend, and hold harmless the Village, its officers,
boards, committees, commissions, elected officials, employees and
agents (collectively, "indemnified parties"), 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
an indemnified party for damages because of bodily injury, including
death at any time 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.
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
chapter, does not surrender or to any extent lose, waive, or impair,
the lawful powers and rights, which it has now or maybe 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
chapter, 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 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.