[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 3-27-2023 by Ord. No. 230327-1. Amendments noted where applicable.]
A.
In the exercise of its police powers, the Village has priority over
all other uses of the public rights-of-way. The Village desires to
anticipate and minimize the number of obstructions and excavations
taking place in the public rights-of-way to ensure that the rights-of-way
remain available for public services and safe for public use. The
taxpayers of the Village bear the financial burden for the upkeep
of the rights-of-way and a primary cause for the early and excess
deterioration the public rights-of-way is the frequent excavation
by persons who place facilities therein.
B.
The Village finds that there has been an increase in the use of the
public rights-of-way and, as a result, increased costs to the taxpayers
of the Village and that these costs are likely to continue into the
foreseeable future.
C.
The Village finds that excavation and occupancy of the public rights-of-way
causes direct and indirect costs to be borne by the Village and its
taxpayers, including but not limited to:
(1)
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(2)
Management costs associated with ongoing management activities necessitated
by public right-of-way users.
(3)
Repair costs to the roadway associated with 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.
D.
In response to the foregoing facts, the Village hereby enacts this
new chapter relating to administration of and permits to excavate
obstruct and/or occupy the public rights-of-way, together with an
ordinance making necessary revisions to other Code provisions. This
chapter imposes reasonable regulations on the placement and maintenance
of facilities currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles
of state and federal agencies.
E.
The purpose of this chapter is to provide the Village a legal framework
within which to regulate and manage the public rights-of-way and to
provide for recovery of costs. This chapter provides for the health,
safety and welfare of the residents of the Village as they use the
rights-of-way of the Village, as well as to ensure the structural
integrity of the public rights-of-way.
F.
Under this chapter, all persons who excavate, obstruct and/or occupy
the public rights-of-way will reimburse the Village's administrative,
ongoing management and degradation costs. Rights-of-way users will
bear a fair share of the financial responsibility for the integrity
of the public rights-of-way.
The following definitions apply in this chapter. References
hereafter to "sections" are, unless otherwise specified, references
to sections in this chapter. Defined terms remain defined terms whether
or not capitalized.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The accelerated depreciation of the right-of-way, caused
by an excavation of the right-of-way, resulting in the need to reconstruct
such right-of-way earlier than would be required if the excavation
did not occur.
The Village's Street Superintendent and/or designee.
Any person authorized by the Department to carry out inspections
related to the provisions of this chapter.
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, in, within, on or under a right-of-way.
A local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make
decisions for that registrant regarding all matters within the scope
of this chapter.
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.
To dwell or reside above, on, in, or below the boundaries
of the public rights-of-way.
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the Village under this chapter.
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.
The Public Service Commission of Wisconsin.
Has the meaning provided in § 196.01(5), Wis. Stats.
Any person who has registered with the Village:
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.
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.
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.
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.
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.
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.
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.
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.
A.
Registration. Each service, utility service or right-of-way user who occupies, uses, or seeks to occupy or use, the right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities located in any right-of-way, shall register with the Department and pay the fee set forth in § 310-6. Registration will consist of providing application information and paying a registration fee. This section shall not apply to those persons exclusively utilizing facilities provided by another right-of-way user.
B.
Registration prior to work. No person may construct, install, repair,
remove, relocate, or perform any other work on, or use any facilities
or any part thereof in any right-of-way without first being registered
with the Department.
C.
Exceptions. Nothing herein shall be construed to repeal or amend
the provisions of a Village ordinance requiring persons to plant or
maintain the tree lawn in the area of the right-of-way between their
property and the street curb, construct sidewalks, install street
signs or perform other similar activities. Persons performing such
activities shall not be required to obtain any permits under this
chapter.
A.
Information required. The information provided to the Department
at the time of registration shall include, but not be limited to:
(1)
Each registrant's name, diggers hotline registration certificate
number, address and email address, if applicable, and telephone and
facsimile numbers.
(2)
The name, address and email 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.
(3)
All right-of-way users shall demonstrate to the satisfaction of the
Village the financial capability to cover any liability that might
arise out of their presence in the right-of-way. If the person is
a corporation, a LLC or LLP, a copy of any certificate required to
be filed under Wisconsin Statutes as recorded and certified by the
Secretary of State.
(4)
A copy of the person's certificate of authority from the PSCW
or other applicable state or federal agency, where the person is lawfully
required to have such certificate from said commission or other state
or federal agency.
(5)
Execution of an indemnification agreement in a form prescribed by
the Department.
B.
Notice of changes. 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.
A.
Annual registration fee. Each registrant shall annually renew its
registration or discontinue and properly abandon its facilities. The
Department shall establish the registration fee in an amount sufficient
to recover the costs incurred by the Village for processing registrants.
This fee shall be computed as the average of labor costs, indirect
costs, and other costs associated with registration.
B.
Fee computation. The Department may recalculate and establish a new
registration fee each year.
A.
Excavation permit required.
(1)
Except as otherwise provided in this chapter or other chapters of
the Village Code, no person shall excavate any right-of-way or place
facilities in a right-of-way without first having obtained an excavation
permit from the Department.
(2)
No person shall excavate the right-of-way or maintain an excavation in the right-of-way beyond the date or area specified in the permit unless such person makes a supplementary application for another excavation permit before the expiration of the initial permit, pursuant to § 310-16, and a new permit or permit extension is granted.
B.
Distinct project permit areas (DPPAs). Any utility project that exceeds
one mile in cumulative corridor length or one square mile in total
area of Village impact (not area of disturbance) shall be permitted
incrementally, by distinct project permit areas (DPPAs). A DPPA shall
not exceed one square mile in size of Village impact. Each DPPA will
be permitted and approved separately, and the Village will make the
determination of how many DPP As can be permitted and active at one
time. Village staff will release a DPPA for construction once the
initial utility design has been approved and there is capacity for
additional DPPAs. Village staff will not release a new DPPA until
an active DPPA has been closed out.
C.
Permit display. A copy of any permit issued under this chapter 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.
A.
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 chapter;
(2)
Submission of a completed permit application form, including the
following:
(a)
If the proposed project involves the installation of a pole
or tower in the right-of-way, the applicant must submit scaled drawings
of the proposed pole or tower and all proposed attachments.
(b)
The applicant shall identify in detail the location of the proposed
project and any affected right-of-way, public utility easements, and
the location of all existing and proposed facilities within the project
area in addition to installation details, traffic control plans and
other details requested by the Department.
(c)
If the proposed project involves the installation of a pole
or tower in the right-of-way, the applicant must submit evidence sufficient
to demonstrate that the applicant is prohibited from using an existing
pole or tower (either owned by the applicant or a third party) because
such use is technically infeasible, economically prohibitive, or prohibited
by law.
(d)
If the proposed project involves the installation of a pole
or tower in the right-of-way that is greater than 10 feet taller than
existing poles or towers in nearby right-of-way, the applicant must
submit evidence sufficient to demonstrate that:
[1]
The greater height is required to accomplish the applicant's
purposes;
[2]
The applicant is prohibited from using existing poles or towers
(either owned by applicant or a third party) to accomplish its purposes
because such use is technically infeasible, economically prohibitive,
or prohibited by law; and
[3]
The pole or tower, due to its height and size, poses no greater
danger to the health, safety, and welfare of the public than existing
poles in nearby right-of-way.
(3)
Payment of all money due to the Village for:
(4)
A statement on forms provided by the Department that the registrant
will comply with all local, state and federal codes, including but
not limited to safety, building, traffic control codes and the Manual
of Uniform Traffic Control Devices (MUTCD).
(5)
Furnish a certificate of liability insurance compliant with standards
of the Department.
(6)
Post a repair bond. When an excavation permit is requested for purposes
of installing additional facilities, and the posting of a repair bond
for the additional facilities is insufficient, the posting of an additional
or larger repair bond for the additional facilities may be required.
A.
Fee calculation. The excavation permit fee shall be established by
the Department in an amount sufficient to recover the costs incurred
by the Village. This fee shall recover costs incurred by the Village
for administrative, repair and degradation costs.
B.
Village exemption. The Village and its contracted contractors shall
not pay administrative and degradation fees.
C.
Payment of permit fees. No excavation permit shall be issued without
payment of applicable fees, unless the applicant shall agree to pay
such fees within 30 days of billing therefor.
D.
Fee computation. The Department may recalculate and establish a new
fee structure each year.
A.
The work to be done under the excavation permit, and the repair of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under § 310-13.
B.
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.
C.
A permittee may request to have the Village repair the right-of-way.
(1)
Village repair. If the permittee requests to have the Village repair
the right-of-way, the Village may accept or reject the request at
its sole option. If the Village accepts, the permittee shall be billed
for the Village's costs, and shall pay the amount thereof within
30 days of billing.
(2)
Permittee repair. If the permittee chooses to repair the right-of-way,
it shall, at the time of application for an excavation permit, post
a repair bond in an amount determined by the Department to be sufficient
to cover the cost of repairing the right-of-way to Department specifications.
If, 36 months after completion of the repair of the right-of-way,
the Department determines that the right-of-way has been properly
repaired, the surety on the repair bond shall be released.
D.
Standards. The permittee shall perform repairs according to the specifications
of the Department and/or in accordance with the conditions specified
in the permit. The Department shall have the authority to prescribe
the manner and extent of the repair and may do so in written procedures
of general application or on a case-by-case basis.
E.
Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion, except for organic material, which shall be maintained for 12 months. During either period, the permittee shall, upon notification from the Department, correct all repair 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 or days when work is prohibited as unseasonable or unreasonable under § 310-13.
F.
Failure to repair. If the permittee fails to repair the right-of-way
in the manner and to the condition required by the Department, or
fails to satisfactorily and timely complete all repair required by
the Department, the Department at its option, may do such work. In
that event the permittee shall pay to the Village, within 30 days
of billing, the cost of repairing the right-of-way. If the permittee
fails to pay as required, the Village may exercise its rights under
the repair bond.
A.
Notice of completion. When the work under any permit issued hereunder
is 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 the work.
C.
Authority of department. At the time of inspection, the Village may order the immediate cessation of any work that poses a threat to the life, health, safety, or well-being of the public. The Village may issue an order to the registrant for any work that does not conform to the applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant shall present proof to the Department that the violation has been corrected. If such proof has not been presented within the required time, the Department may revoke the permit pursuant to § 310-18.
A.
In general, normal work hours of 7:00 a.m. to 7:00 p.m. are allowed
Monday through Friday. Occasionally, the Village has special events
throughout the course of the year, including various marathon/5K runs.
These events attract large gatherings of people whereby traveling
safely is of utmost importance. Review of work near special event
sites may involve adjusting schedules of when work can be performed.
No work is allowed on weekends or holidays without prior approval
from the Village.
B.
Excavation work may take place from the spring thaw until the ground
freezes again in winter. The Village will determine these dates each
year based on weather conditions. All hardscape restoration must be
completed by October 31 of any given year.
A.
Poles and other utility structures over 60 feet in height shall be
located so that all residential, commercial, retail or other occupied
buildings are outside the fall radius of the structure.
B.
Rigid nonbreakaway poles and other utility structures shall be located
a minimum of 10 feet from roadway curbs or shoulders and behind existing
or future sidewalks.
A.
Joint application. Registrants may jointly apply for permits to excavate
the right-of-way at the same place and time.
B.
With Village projects. Registrants who join in a scheduled excavation
performed by the Village, whether or not it is a joint application
by two or more registrants or a single application, are not required
to pay the degradation portion of the excavation permit fee.
C.
Shared fees. Registrants who apply for permits for the same excavation,
which the Department does not perform, may share in the payment of
the excavation permit fee. Registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
A.
Limitations on area. An excavation permit is valid only for the area
of the right-of-way specified in the permit. No permittee may perform
any work or excavate outside the area specified in the permit, except
as provided herein. Any permittee which determines that an area greater
than that specified in the permit must be excavated must, before working
in that greater area:
B.
Limitation on dates. An excavation permit is valid only for the dates
specified in the permit. No permittee may begin its work before the
permit start date or, except as provided herein, continue working
after the end date. If a permittee does not finish the work by the
permit end date, it must apply for a new permit for the additional
time it needs and receive the new permit or an extension of the old
permit before working after the end date of the previous permit.
C.
Fees for supplementary applications. A permittee shall pay administration
costs for any additional permits. A permittee is not required to pay
an additional degradation fee for the same excavation, if such fee
has already been paid on the original permit.
A.
Compliance with other laws. Obtaining a permit to excavate and/or
occupy the right-of-way does not relieve a permittee of its duty to
obtain all other necessary permits, licenses, and authority and to
pay all fees required by any other Village, county, state, or federal
rules, laws, or regulations. A permittee shall comply with all requirements
of local, state, and federal laws. 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.
B.
Prohibited work. Except in an emergency, or with the approval of
the Department, no right-of-way excavation may be done when seasonally
prohibited or when conditions are unreasonable for such work.
C.
As-built plans. Utility owner or contractor will need to provide
an electronic shapefile as-built of the entire utility project in
order to close out the project. If a utility project required the
initiation of Distinct Project Permit Areas (DPPAs), then, as part
of the closeout process for each DPPA, the proposed contractor must
provide as-built's of the utilities installed, that accurately
show the utilities as installed.
A.
Grounds. 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 by § 310-5 to be registered and has not done so or the permit application is otherwise incomplete;
(2)
The applicant or permittee is seeking to perform work not included in its construction and major maintenance plan required under § 310-9; which work was reasonably foreseeable by the applicant or permittee at the time said plan was filed;
(3)
Issuance of a permit for the requested date would interfere with
an exhibition, celebration, festival, or other event;
(4)
Misrepresentation of any fact by the applicant or permittee;
(5)
Failure of the applicant or permittee to maintain required bonds
and/or insurance;
(6)
Failure of the applicant or permittee to complete work in a timely
manner;
(7)
The proposed activity is contrary to the public health, safety or
welfare;
(8)
The extent to which space is available in the right-of-way for which
the permit is sought;
(9)
The competing demands for the particular space in the right-of-way;
(10)
The availability of other locations in the right-of-way or in
other rights-of-way for the facilities of the permittee or applicant;
(11)
If the permittee or applicant proposes to install a new pole
or tower in the right-of-way, the availability of other existing poles
or towers owned by the permittee or applicant or by a third party;
(12)
The applicability of ordinances or other regulations of the
right-of-way that affect location of facilities in the right-of-way;
(13)
The condition and age of the right-of-way, and whether and when
it is scheduled for total or partial reconstruction; or
(14)
The applicant or permittee is otherwise not in full compliance
with the requirements of this chapter or state or federal law.
B.
Discretionary issuance. Notwithstanding Section § 310-18A(2), the Department may issue a permit where issuance is necessary:
(1)
To prevent substantial economic hardship to a customer of the permittee
or applicant;
(2)
To allow such customer to materially improve its public utility service;
or
(3)
To allow the permittee or applicant to comply with state or federal
law or Village ordinance or an order of a court or administrative
agency.
C.
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 first with the Village Manager and then the Village
Board. A request for review shall be filed within 10 days of the decision
being appealed. Following a hearing, the Village Manager or Village
Board may affirm, reverse or modify the decision of the Department.
A.
Emergency situations. Each registrant shall immediately notify the
Village by verbal notice on an emergency phone number provided by
the Village 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. If the
Village becomes aware of an 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 Village may take whatever action it deems necessary to protect
the public safety as a result of the emergency, the cost of which
shall be borne by the registrant whose facilities occasioned the emergency.
B.
Nonemergency situations. Except in an emergency, any person who,
without first having obtained the necessary permit, excavates a right-of-way
must subsequently register and apply for an excavation 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 Village Code, 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. If a subsequent
permit is denied or is not approved, the registrant shall discontinue
and abandon its facilities.
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.
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 existing facilities shall be
done underground or contained within buildings or other structures
in conformity with applicable codes.
B.
Corridors. The Department may assign specific corridors within the
right-of-way, or any particular segment thereof as may be necessary,
for each type of facility that is or, pursuant to current technology,
the Village expects will someday be located within the right-of-way.
All excavation, obstruction, or other permits issued by the Village
involving the installation or replacement of facilities shall designate
the proper corridor for the facilities at issue consistent with the
Department's assignment. Any registrant who has facilities in
the right-of-way in a position at variance with the corridors established
by the Village shall, no later than at the time of the next reconstruction
or excavation of the area where the facilities are located, move the
facilities to the assigned position within the right-of-way, unless
this requirement is waived by the Village for good cause shown, upon
consideration of such factors as the remaining economic life of the
facilities, public safety, customer service needs and hardship to
the registrant.
C.
Limitation of space. To protect health, safety, and welfare, or when
necessary to protect the right-of-way and its current use, the Department
may prohibit or limit the placement of new, replacement or additional
facilities within the right-of-way if there is insufficient space
to accommodate all of the requests of persons to occupy and use the
right-of-way. In making such decisions, the Village shall strive to
the extent possible to accommodate all existing and potential users
of the right-of-way, but shall be guided primarily by considerations
of the public interest, the public's needs for the particular
utility service, the condition of the right-of-way, the time of year
with respect to essential utilities, the protection of existing facilities
in the right-of-way, and future Village plans for public improvements
and development projects which have been determined to be in the public
interest.
A.
Except as prohibited by state or federal law, a registrant must promptly
and at its own expense, with due regard for seasonal working conditions,
permanently remove and relocate its facilities in the right-of-way
whenever the Department requests such removal and relocation, and
shall restore the right-of-way to the same condition it was in prior
to said removal or relocation. The Department may make such request
to prevent interference by the company's facilities with:
(1)
A present or future Village use of the right-of-way;
(2)
A public improvement undertaken by the Village;
(3)
An economic development project in which the Village has an interest
or investment;
(4)
When the public health, safety and welfare require it; or
(5)
When necessary to prevent interference with the safety and convenience
of ordinary travel over 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.
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.
A.
Discontinued operations.
(1)
A registrant who has determined to discontinue its operations in
the Village must either:
(a)
Provide information satisfactory to the Department that the
registrant's obligations for its facilities under this chapter
have been lawfully assumed by another registrant; or
(b)
Submit to the Department a proposal and instruments for dedication
of its facilities to the Village. If a registrant proceeds under this
clause, the Village may, at its option:
[1]
Accept the dedication for all or a portion of the facilities;
[2]
Require the registrant, at its own expense, to remove the facilities
in the right-of-way at ground or above ground level; or
[3]
Require the registrant to post a bond or provide payment sufficient
to reimburse the Village for reasonably anticipated costs to be incurred
in removing the facilities.
(2)
However, any 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 Section § 310-25A, 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 Village may, at its option:
C.
Public utilities. This section shall not apply to a public utility
that is required to follow the provisions of § 196.81 Wis.
Stats.
The Village, by the granting of a permit to excavate, obstruct
and/or occupy the right-of-way, or by registering a person under this
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.
