[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A.
Findings.
(1)
In the exercise of governmental functions 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 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 Village 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 excavation by persons
who locate facilities therein.
(2)
The Village finds increased use of the public rights-of-way
and increased costs to the taxpayers of the Village and that these
costs are likely to continue into the foreseeable future.
(3)
The Village finds that occupancy and excavation of
its rights-of-way causes costs to be borne by the Village and its
taxpayers, including but not limited to:
(a)
Administrative costs associated with public
right-of-way projects, such as registration, permitting, inspection
and supervision, supplies and materials.
(b)
Management costs associated with ongoing management
activities necessitated by public right-of-way users.
(c)
Repair or restoration costs to the roadway associated
with the actual excavation into the public right-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.
B.
In response to the foregoing facts, the Village hereby
enacts this article relating to administration of and permits to excavate,
obstruct and/or occupy the public rights-of-way. This article 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. It is intended to complement the regulatory roles of
state and federal agencies.
C.
The purpose of this article is to provide the Village
with a legal framework within which to regulate and manage the public
rights-of-way and to provide for recovery of the costs incurred in
doing so. This article 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 ensuring the structural integrity of the public
rights-of-way.
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.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The Public Works Committee of the Village.
The decrease in the useful life of the paved portion of the
right-of-way, excluding the sidewalk right-of-way, caused by an excavation
of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation did not occur.
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 in order to restore service to a customer.
The Village Engineer or his/her designee.
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, 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 article.
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.
Any person to whom a permit to occupy, excavate or obstruct
a right-of-way has been granted by the Village under this article.
A corporation, company, association, firm, partnership, limited
liability company, limited liability partnership and individuals and
their lessors, transferees and receivers.
A contractor approved by the Committee on an annual basis
to work in the right-of-way.
Has the meaning provided in § 196.01(5), Wis. Stats.
Any person who has registered with the Village to have its
facilities located in any right-of-way.
To perform construction work necessary to make the right-of-way
usable for travel according to Committee specifications, or to restore
equipment to an operable condition.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed, per Committee
specifications.
The surface and space above and below an improved or unimproved
public roadway, highway, street, bicycle lane and public sidewalk
in which the Village has an interest, including other dedicated rights-of-way
for travel purposes.
The Village of Maple Bluff, Wisconsin, a Wisconsin municipal
corporation.
[Amended 7-12-2021]
The Director of Public Works, or his/her designee,
is responsible for the administration of the rights-of-way and permits
and ordinances related thereto. The Director of Public Works, or designee,
shall have the authority to issue permits and exercise authority for
emergency repairs and maintenance under this article when the excavation
or occupancy is either 1) undertaken by a Wisconsin public utility,
or 2) is for a duration of less than 90 days. All other permits under
this article shall be issued in accordance with § 66.0425
of the Wisconsin Statutes,
as amended from time to time.
A.
Each person who has, or seeks to have, facilities located in any right-of-way shall register with the Village Administrator and pay the fee set forth in § 192-20. 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 right-of-way pursuant to a franchise or other agreement.
B.
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 right-of-way unless that person is registered
with the Village Administrator or is a prequalified contractor.
C.
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 or pavement, construct sidewalks or driveways
or other similar activities. Persons performing such activities shall
not be required to obtain any permits under this article.
A.
The information provided to the Village Administrator
at the time of registration shall include but not be limited to the
following:
(1)
Each registrant's name, Diggers' Hotline registration
certificate number, address and e-mail address, if applicable, and
telephone and facsimile numbers.
(2)
The name, address and e-mail address, if applicable,
and telephone and facsimile numbers of a local representative. The
local representative or designee shall be available at all times.
Current information regarding how to contact the local representative
in an emergency shall be provided at the time of registration.
(3)
A certificate of insurance on a form prescribed by
the Committee.
(4)
If the registrant is a corporation, a limited liability
company (LLC) or limited liability partnership (LLP), a copy of any
certificate required to be filed under Wisconsin Statutes as recorded
and certified by the Secretary of State.
(5)
A copy of the registrant's certificate of authority
from the Wisconsin Public Service Commission 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.
(6)
Execution of an indemnification agreement in a form
prescribed by the Committee.
B.
The registrant shall keep all of the information listed
above current at all times by providing to the Village Administrator
information as to changes within 15 working days following the date
on which the registrant has knowledge of any change.
The Village shall charge an annual registration
fee in an amount as set by the Village Board to recover the costs
incurred by the Village for processing and updating registration information.
It is in the best interests of all affected
parties to attempt to coordinate construction in the public right-of-way
whenever it is reasonably possible. Therefore, periodic reporting
by the registrant of known construction plans will be useful to achieve
this objective.
A.
Every registrant shall, at the time of registration
and no later than January 1 of each year, file a construction and
major maintenance plan with the Village Administrator. The Village
Administrator shall make available at the time of registration, and
on January 15 of each year, the Committee's construction and major
maintenance plan. The registrant's plan and the Committee's plan shall
be submitted on a form prescribed by the Committee and shall contain
the information determined by the Committee to be necessary to facilitate
the coordination and reduction in the frequency of excavations of
rights-of-way. The plan shall include, but shall not be limited to,
the following information:
B.
By February 15 of each year the Village Administrator
will have available for inspection in his/her office a composite list
of all projects of which the Village Administrator has been informed
in the annual plans. All registrants are responsible for keeping themselves
informed of the current status of this list.
C.
Thereafter, by February 1, each registrant may change
any project in its list and must notify the Village Administrator
of all such changes in said list. The Village Administrator will make
all such changes available for inspection in his/her office. Notwithstanding
the foregoing, a registrant may at any time join in a project of another
registrant listed by the other registrant or undertake any maintenance
or construction project not listed in the registrant's plan.
A.
Excavation permit required. Except as otherwise provided
in this article or other chapters of the Maple Bluff Code, no person
shall excavate any right-of-way without first having obtained an excavation
permit from the Committee. A copy of any permit issued under this
article shall be made available at all times by the permittee at the
indicated work site and shall be available for inspection by the Director
of Public Works upon request.
B.
Excavation permit application. Application for a permit
shall be made to the Village Administrator. Permit applications shall
contain and will be considered complete only upon compliance with
the requirements of the following provisions:
(1)
Registration with the Village Administrator if required
by this article.
(2)
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.
The excavation permit fee shall be established
by the Village Board in an amount sufficient to recover the costs
incurred by the Village. This fee shall recover administrative and
inspection costs, as well as degradation costs should the permittee
choose to repair rather than restore the right-of-way. Payment of
said fees shall be collected prior to issuance of the permit. However,
the Director of Public Works may, with the advice and consent of the
Village Administrator, 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.
A.
Waiving of fees. Fees shall not be waived unless the
work involved is a direct result of the Director of Public Works'
demand that a plant owned by a utility be removed or relocated or
unless waived by the Public Works Committee on appeal.
B.
Fee schedule.
(1)
The minimum fee for each excavation permit shall be
set by the Village Board. Excavation permits for utility work in new
subdivisions and within the limits of public works projects, where
the work is undertaken prior to the installation of pavement, shall
only be charged the minimum fee. The fee for a permit issued after
commencing work, except in cases of emergency as determined by the
Village President, shall be double the fees set forth herein. This
permit fee shall be in addition to any forfeiture provided elsewhere
in this article.
(2)
For those permit applications which provide for a
substantial undertaking of excavation within the public right-of-way
attended by disruption of the general public and traffic, the Village
President is authorized to assess the actual cost of the Village employees'
time engaged in the review and inspection of the anticipated work
multiplied by a factor determined by the Village President to represent
the Village'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 Village employees which is attributed to the work, plus all consultant
fees associated with the work at the invoiced amount plus 10% for
administration.
C.
Village exemption. The Village and its contractors
shall not pay degradation fees for excavations due to general government
functions.
D.
Permit fees paid for a permit that the Committee has
revoked are not refundable.
The permittee shall be required to repair the
public right-of-way to Committee specifications, subject to inspection
and acceptance by the Committee, and to pay a degradation fee, as
per Subsection C, unless the permittee elects to restore the right-of-way
pursuant to Subsection D. 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 Committee. The Committee shall inspect the area of the work
and accept the work when it determines that proper repair has been
made, per specifications of the Committee.
A.
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 Committee, correct all
work to the extent necessary, using the method required by the Committee.
Said work shall be completed within 10 calendar days of the receipt
of the notice from the Committee, not including days during which
work cannot be done because of circumstances constituting force majeure.
B.
Failure to repair/restore. If the permittee fails
to repair/restore the right-of-way in the manner and to the condition
required by the Committee or fails to complete satisfactorily and
timely all work required by the Committee, the Committee 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/restoring the right-of-way.
C.
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 or the patch
shall be calculated by adding one foot to each side of the actual
street cut. The degradation fee schedule is provided in Figure 1 on
file at the office of the Clerk-Treasurer.
D.
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 Committee. The permittee shall then also comply with Subsections A and B.
A.
Notice of completion. When the work under any permit
hereunder is begun and completed, the permittee shall notify the Committee.
B.
Site inspection. The permittee shall make the work
site available to the Committee 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 Committee. At the time of inspection the Village may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The Village may issue an order to the registrant or permittee for any work that does not conform to the applicable Village 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 Committee that the violation has been corrected. If such proof has not been presented within the required time, the Committee may revoke the permit pursuant to § 192-28.
The cost of trimming trees around facilities
is an ongoing cost to the Village. The specific cost will be determined
and a fee to offset those costs may be assessed in the future.
Obtaining a permit to excavate and/or occupy
the right-of-way does not relieve 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.
A.
The Committee 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
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 right-of-way space where the permit
is sought is available.
(8)
The competing demands for the particular space in
the right-of-way.
(9)
The availability of other locations in the right-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 right-of-way that affect location of facilities in the right-of-way.
B.
Discretionary issuance. The Committee may issue a
permit where issuance is necessary to:
C.
Appeals. Any person aggrieved by a decision of the
Public Works Committee revoking, suspending, refusing to issue or
refusing to extend a permit may file a request for review with the
Village Board. A request for review shall be filed within 10 days
of the decision being appealed. Following a hearing, the Village Board
may affirm, reverse or modify the decision of the Public Works Committee.
A.
Emergency situations.
(1)
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 article.
(2)
If the Village becomes aware of any emergency regarding
a registrant's facilities, the Committee 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 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 article
or other chapters of the Maple Bluff Code, deposit with the Committee
the fees necessary to correct any damage to the right-of-way and comply
with all of the requirements of this article.
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 facilities shall be done
underground or contained within buildings or other structures in conformity
with applicable codes.
B.
Limitation of space. The Committee may prohibit or
limit the placement of new 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 Committee shall strive to the extent possible to accommodate all
existing and potential users of the right-of-way but may prohibit
or limit the placement of new or additional facilities when required
to protect the public health, safety or welfare.
C.
Attachment to bridges. Whenever an applicant or permittee
under this section requests permission to attach pipes, conduits,
cables or wires to any Village bridge structure, the applicant shall
pay a fee as set by the Village Board upon the granting of such permission
to help defray administrative expense in the analysis and inspection
of such installation. The owner of such pipes, conduits, cables or
wires shall be entitled to no compensation for removal or relocation
of the same in the case of repair, removal, or replacement of said
bridge structure by the Village.
A registrant must, promptly and at its own expense,
permanently remove and relocate its facilities in the right-of-way
whenever the Village, acting in its governmental capacity, requests
such removal and relocation. If requested, the registrant shall restore
the right-of-way. 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.
A.
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.
B.
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.
A.
Discontinued operations.
(1)
A registrant which has determined to discontinue its
operations in the Village must either:
(a)
Provide information satisfactory to the Committee
that the registrant's obligations for its facilities under this article
have been lawfully assumed by another registrant; or
(b)
Submit to the Committee a proposal and instruments
for dedication of its facilities to the Village. If a registrant proceeds
under this subsection, 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 which has unusable and abandoned
facilities in any right-of-way shall remove them from that right-of-way
within two years, unless the Committee waives this requirement.
B.
Unused facilities. Facilities of a registrant which fails to comply with Subsection A(1) and which, for two years, remain 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, abate the nuisance, take possession of the facilities, or require removal of the facilities by the registrant or the registrant's successor in interest.
C.
Public utilities. This section shall not apply to
a public utility, as defined by § 196.01(5), Wis. Stats,
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 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 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 article:
A.
Agrees that all lawful powers and rights, regulatory
powers, or police powers 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;
B.
Shall be 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
C.
Is deemed to agree to comply with all applicable general
law and ordinances enacted by the Village pursuant to such powers.
