The purpose of this article is to provide a
framework within which the City may regulate and manage the public
rights-of-way and to allow the City to recover the costs it incurs
in regulating and managing access and use of the rights-of-way and
in repairing and maintaining roadways impacted by such access and
use. This article is intended to provide 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 to ensure the structural integrity of the
public rights-of-way.
This article is enacted pursuant to the following authority: W.S.A. ss. 62.11(5), 66.048, 86.16, 182.017 and 196.58(1) and the City's home rule authority under Article
XI, § 3 of the Wisconsin Constitution.
The following definitions apply in this article.
References hereafter to "sections" are, unless otherwise specified,
references to sections in this article. Defined terms remain defined
terms whether or not capitalized.
APPLICANT
Any person requesting permission to excavate in a right-of-way.
CITY
The City of Rice Lake, Wisconsin, a Wisconsin municipal corporation,
its officers and employees or any duly appointed designee thereof,
including but not limited to the City Council, and the area within
the territorial limits of the City and any area subsequently added
thereto by annexation or otherwise.
DEPARTMENT INSPECTOR
Any person authorized by the Department to carry out inspections
related to the provisions of this article.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health or of a significant loss of property or requires immediate
repair or replacement of facilities in order to restore or to continue
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.
EXCAVATION PERMIT
The permit which, pursuant to §
218-24, must be obtained before a person may excavate in a right-of-way and which authorizes the holder to excavate that part of the right-of-way described in such permit pursuant to the terms of this article and all other applicable local, state and federal laws.
FACILITIES
All equipment owned, operated, used, leased or subleased
in connection with a utility service. "Facilities" shall include but
not be 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.
INTRUSION
A disturbance, excavation and/or obstruction of the public
right-of-way.
LOCAL REPRESENTATIVE
A local person authorized by an occupant to accept service
and to make decisions for that occupant regarding all matters within
the scope of this article.
OBSTRUCT
To place any object in a right-of-way so as to hinder free
and open passage over that or any part of the right-of-way.
OCCUPANT
Any person whose facilities occupy or use more than 100 contiguous
feet of right-of-way.
PERMITTEE
Any person to whom a permit to excavate a right-of-way has
been granted by the City under this article.
PERSON
A municipality, corporation, company, cooperative association organized under W.S.A. ch.
185, association, firm, partnership, limited liability company, limited liability partnership and individuals and their lessors, transferees and receivers.
PSC
The Public Service Commission of Wisconsin.
REPAIR
To restore facilities to a safe and operable condition or
to perform construction work necessary to make a right-of-way usable
for travel.
RESTORE or RESTORATION
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, are returned to the same
condition that existed before the permittee's commencement of work
according to Department specifications and standards.
RIGHT-OF-WAY
The surface and space above and below a public roadway, alley,
highway, street, bicycle lane and public sidewalk in which the City
has an interest, including other dedicated rights-of-way for travel
purposes.
SUPPLEMENTARY APPLICATION
An application seeking authority to extend an existing excavation
permit or to expand the work to be carried out pursuant to an existing
excavation permit.
UNUSABLE FACILITIES
Facilities in a right-of-way that have remained unused for
one year and for which the occupant is unable to provide proof that
it has either a plan to begin using such facilities within the next
12 months or a potential purchaser or user of the facilities.
UTILITY SERVICE
Includes, but is not limited to, the following:
A.
Municipal sewer and water services.
B.
Those services provided by a public utility
as defined in W.S.A. s. 196.01(5).
C.
Telecommunications, pipeline, fire and alarm
communications, water, electricity, light, heat, cooling energy or
power services.
D.
The services provided by a district heating
or cooling system.
E.
Cable television service as defined and regulated
under 47 U.S.C. §§ 521 through 573.
F.
Wireless telecommunications services and cellular
mobile radio telecommunications services as defined in 47 U.S.C. § 332(d)(1).
The Department is responsible for the administration
of the rights-of-way and the permits and ordinances related thereto.
When the City performs work in the right-of-way
and finds it necessary to maintain, support, shore or move facilities
located in the right-of-way, the City shall notify the owner of such
facilities (owner) or its local representative. The owner or its local
representative shall meet with the City's representative within 24
hours and coordinate the protection, maintenance, supporting and/or
shoring of the person's facilities. The owner shall accomplish the
needed work within 72 hours unless the City agrees, in writing, to
a longer period. In the event that the owner does not proceed to maintain,
support, shore or move its facilities, the City may arrange to do
the work and bill the owner, said bill to be paid within 30 days.
Each occupant and each permittee shall indemnify,
defend and hold harmless the City, its officers, boards, committees,
commissions, elected officials, employees and agents 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
the City or its agents or employees 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 occupant's or permittee's acts or omissions in
the exercise of its rights under this article or pursuant to an excavation
permit issued by the Department.
The City, by the granting of a permit to excavate
the right-of-way or by registering a person under this article, does
not surrender or to any extent lose, waive, impair or lessen the lawful
powers and rights which it has now or which may be hereafter granted
to the City under the constitution and statutes of the State of Wisconsin
to regulate the use of the right-of-way by the permittee or occupant,
and the permittee or occupant by its acceptance of a permit to excavate
the right-of-way or by its registration under this article is deemed
to acknowledge that all lawful powers and rights, regulatory power
or police power or otherwise as is or as 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 exercise thereof by the City at any time.
A permittee or occupant is deemed to acknowledge that its rights are
subject to the regulatory and police powers of the City to adopt and
enforce general ordinances necessary to the health, safety and welfare
of the public and is deemed to agree to comply with all applicable
general laws and ordinances enacted by the City pursuant to such powers.