Village of Waterford, WI Streets and Sidewalks

Initial construction. In every event where a sidewalk is initially constructed, the cost of construction and all related costs thereto shall be borne by the abutting property owner.

Repair or replacement. The Village shall notify a property owner of the required repair or replacement of a sidewalk pursuant to the notice requirements of Wis. Stat. § 66.0907.

Except as provided in Subsection B(2)(b), in every instance where an existing public sidewalk is repaired or replaced, the Village and the abutting property owner shall each be liable for 50% of the cost thereof.

If a tree located on private property heaves an existing sidewalk, the property owner shall be liable for the entire cost of the sidewalk repair or replacement upon notification by the Village; however, if the property owner removes the offending tree and grinds the stump at his or her own expense, the Village will bear 50% of the cost of the sidewalk repair or replacement. If a tree located on a Village treelawn or other public right-of-way heaves the sidewalk, the Village shall be liable for the entire cost of the removal of the offending tree and the repair or replacement of the sidewalk; and the property owner may plant an approved-variety, replacement public tree in the treelawn upon the grant of a permit therefor (at no charge) by the Village Forester.

Costs. The Village shall determine the costs of laying, removing, repairing and replacing sidewalks, inclusive of engineering, legal and other collateral costs, and shall pay those costs or charge them to the property owner(s) pursuant to this section and Wis. Stat. § 66.0907.

§ 191-3 Occupancy of rights-of-way.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489; 4-23-2007 by Ord. No. 511]

General provisions.

Purpose and findings.

Purpose.

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.

The purpose of this section 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 the costs incurred in doing so. This section 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.

Findings.

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.

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:

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

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

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

Depreciation caused to the roadway in terms of decreased useful life, due to excavations into the public rights-of-way.

In response to the foregoing facts, pursuant to Wis. Stat. §§ 61.34, 61.36, 196.58, and any other statute granting the Village the power to manage and control its rights-of-way and the utilities operating in the Village, the Village hereby enacts this section of the Code, relating to 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. It is intended to complement the regulatory roles of state and federal agencies.

Definitions. The following definitions apply in this section. References hereafter to "sections" are, unless otherwise specified, references to subsections in this section. Defined terms remain defined terms whether or not capitalized.

APPLICANT

Any person requesting permission to excavate, obstruct and/or occupy a right-of-way.

DEPARTMENT

The Department of Public Works of the Village of Waterford.

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 in order to restore service to a customer.

ENGINEER

The Village Engineer or his/her designee.

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, cabinets, boxes, 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.

LOCAL REPRESENTATIVE

A local person or persons, or designee of such person or persons, authorized by an applicant or permittee to accept service and to make decisions for that applicant or permittee 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 that or any part of the right-of-way.

PERMITTEE

Any person to whom a permit to occupy, excavate or obstruct a right-of-way has been granted by the Village under Chapter 191 of this Code.

PERSON

Corporation, company, association, firm, partnership, limited-liability company, limited-liability partnership and individuals and their lessors, transferees, assignees and receivers.

PUBLIC UTILITY

Has the meaning provided in Wis. Stat. § 196.01(5).

RESTORE or RESTORATION

The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed, per the Standard Specifications for Public Works Construction and Department specifications.

RIGHT-OF-WAY

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.

VILLAGE

The Village of Waterford, Wisconsin, a Wisconsin municipal corporation.

Administration. The Director of Public Works and the Village Administrator, or their designees, are responsible for the administration of the rights-of-way, and the permits and ordinances related thereto.

Requirements for right-of-way occupancy.

Each person who has, or seeks to have, facilities located in any right-of-way shall meet the requirements set forth herein.

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 meets the requirements set forth herein.

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 or other similar activities. Persons performing such activities shall not be required to obtain any permits under this chapter. See also Chapter 211 for permit requirements for street trees.

Reporting obligations. 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 persons intending to work in the right-of-way of known construction plans will be useful to achieve this objective.

Every person intending to work in the right-of way shall, no later than January 1 of each year, file a construction and major maintenance plan with the Department. The Department shall make available at the time of such filing, and on January 15 of each year, the Department's construction and major maintenance plan. The person's plan and the Department's plan shall be submitted on a form prescribed by the Department and shall contain the information determined by the Department 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:

The locations and the estimated beginning and ending dates of all projects planned to be commenced during the next calendar year; and

The tentative locations and estimated beginning and ending dates for all projects contemplated for the two years following the next calendar year.

By February 15 of each year, the Department will have available for inspection in its office a composite list of all projects of which the Department has been informed in the annual plans. All persons are responsible for keeping themselves informed of the current status of this list.

Thereafter, by February 1, each person may change any project in its list and must notify the Department of all such changes in said list. The Department will make all such changes available for inspection in its office. Notwithstanding the foregoing, a person may at any time join in a project of another person listed by the other person or undertake any maintenance or construction project not listed in person's plan.

Permit to excavate and/or place facilities in right-of-way required.

[Amended 5-8-2017 by Ord. No. 652]

Right-of-way permit required. Except as otherwise provided in this chapter or other chapters of the Code of the Village of Waterford, no person shall excavate or place any facilities in any right-of-way without first having obtained a right-of-way permit from the Department. 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.

Right-of-way permit application. 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:

Applicant information. The information provided to the Department at the time of application shall include, but not be limited to:

Each applicant's name, Diggers Hotline registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. If the applicant intends to hire a contractor, the name and contact information for the contractor shall be provided, but the applicant shall be liable for the requirements herein.

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 application.

A certificate of insurance approved by the Village Administrator, naming the Village of Waterford as an additional insured, and/or a cash or performance bond, in an amount determined by the Village Engineer and/or the Director of Public Works, if the Department has reasonable grounds to question the financial responsibility or compliance ability of the applicant.

Execution of an indemnification agreement in a form prescribed by the Department.

[5]

If the applicant regularly performs work in the Village rights-of-way, the applicant may provide the information required in Subsection D(2)(a)[1] through [4] herein annually, provided that the applicant shall be liable to keep said information up-to-date and shall notify the Department within 10 calendar days following the date on which the applicant has knowledge of any change. If applicable, the applicant's insurer shall be required to notify the Village 30 days prior to a cancellation or reduction of coverage or limits.

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, whether above or below the ground.

Payment of all money due to the Village for:

Applicable permit fees and costs as set forth below;

Subject to Subsection D(2)(d), unpaid fees or costs due for prior excavations or right-of-way occupancies; or

Subject to Subsection D(2)(d), any loss, damage, or expense suffered by the Village because of the applicant's prior excavations or occupancies of the rights-of-way or any emergency actions taken by the Village.

The Department shall not deny an applicant a right-of-way permit because of a dispute between the Village and the applicant, related to Subsection D(2)(c)[2] or [3] if:

The dispute has been adjudicated in favor of the applicant; or

The dispute is the subject of any appeal filed by the applicant and no decision in the matter has as yet been rendered.

The Department may deny an applicant a permit pursuant to the provisions of this section. See specifically Subsection I.

Right-of-way permit fee. The right-of-way 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. Payment of said fees shall be collected prior to issuance of the permit. However, the Village Administrator may, with the advice and consent of the Treasurer, establish a fee collection process from governmental agencies and private utilities in order to expedite the permitting system and recognize that certain excavations or occupancies are deemed emergencies.

(4)

Waiving of fees. Fees shall not be waived unless the work involved is a direct result of the Department's demand that facilities owned by a utility be removed or relocated or unless waived by the Finance Committee on appeal.

(5)

For those permit applications which provide for a substantial undertaking of excavation or occupancy within the public right-of-way attended by disruption of the general public and traffic, the Department is authorized to assess the actual cost of the Village employee's time engaged in the review and inspection of the anticipated work multiplied by a factor determined by the respective department 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.

(6)

Village exemption. The Village and its contractors shall not pay permit fees for excavations or occupancies due to general government functions.

(7)

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

Right-of-way work; locating wires; restoration.

Working in the right-of-way.

Frozen ground. No openings shall be permitted when the ground is frozen in any Village street, sidewalk or parking area between November 15 and April 1 except where necessary or in an emergency as determined by the Director of Public Works.

Removal of paving. In opening any street or other public way, all paving or ballasting materials shall be saw cut and removed with the least possible loss of or injury to surfacing materials and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters. All pavement shall be straightedge or saw cut in a straight line, on all sides of the opening to a minimum depth of two inches.

State and county trunk highways. Notwithstanding any other provision to the contrary, state and county trunk highway crossings to install services, laterals, etc., shall be effected through auguring, jacking or tunneling as opposed to making an opening in the highway itself. The applicant shall also obtain the necessary permits from the respective highway commissioners.

Protection of public. Every permittee shall enclose with sufficient barriers each opening which he/she may make in the rights-of-way of the Village. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his/her agents or employees. Amber lights shall be placed at each end of the opening and in other locations necessary to give adequate warning to the traveling public. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled for more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through the period of the work.

Restoring street surface. In making any opening, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs shall be removed and replaced as nearly as possible to their original condition or position and the same relation to the remainder as before. Any excavated material which, in the opinion of the Director of Public Works, is not suitable for refilling shall be replaced with approved backfill material. When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. All trench backfilling under pavement, driveways, shoulders and sidewalk shall be of thoroughly compacted granular backfill. All rubbish shall be immediately removed. In refilling the opening, the granular material shall be puddled or laid in layers not more than six inches deep and in each layer rammed, tamped or flushed to prevent caving. No timber, bracking, lagging, sheathing or other lumber shall be left in any trench. All street openings shall have at least eight inches of compacted crushed road gravel placed on the top of the opening and shall have the original surface restored to the same type and thickness.

(f)

Backfilling trenches. All trenches shall be backfilled within 24 hours after being opened, unless otherwise permitted by the Department, and the surface shall be restored within 72 hours after being opened. The Department reserves the option to complete restoration of any excavation if the above-mentioned time limits are exceeded, assessing any cost thereof pursuant to Subsection E(5).

(g)

Tree lawns. Tree lawns shall be restored with sod or seed.

Locating wire required. Any person installing a nonconductive main or lateral shall also install a locating wire for marking the location of the main or lateral, as follows:

If the main to which the main or lateral is being connected contains a locating wire, the person shall connect one end of the locating wire for the main or lateral to the existing wire located on the stub or the main.

If the main to which the main or lateral is being connected does not contain a locating wire, the person shall attach the locating wire for the main or lateral to its junction with the stub or main.

The person shall continue the installation of the locating wire for the full length of the main installed, and from the lateral to point where the lateral enters the structure. The person shall continue to run the locating wire vertically up the outside of the structure, from the location where the lateral entered the structure, and shall encase the uppermost four feet (or more) of the vertical portion of the locating wire in a one-inch Schedule 80 PVC conduit, with cap, which shall be accessible and uniform. The conduit shall extend at least four inches above the final grade, and shall hold at least one foot of excess wire. There shall be no plantings at the site that would damage the conduit or locating wire, or prevent the detection of the location of the locating wire.

The permittee shall be required to restore the public right-of-way in accordance with the Standard Specifications for Public Works Construction and Department specifications, subject to inspection and acceptance by the Village Engineer. In addition to restoring its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the Standard Specifications for Public Works Construction and the specifications of the Department. The Village Engineer shall inspect the area of the work and accept the work when it determines that proper restoration has been made, per the Standard Specifications for Public Works Construction and the specifications of the Department. The permittee shall not be required to restore the right-of-way or the general area surrounding the work to a condition which improves the pre-excavation condition.

(4)

Guarantees. The permittee shall guarantee its work and shall maintain it for 12 months following its completion. During this period it shall, upon notification from the Department, correct all work to the extent necessary, using the method required by the Department or the Village Engineer. 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.

(5)

Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Village Engineer or the Department, or fails to satisfactorily and timely complete all work required by the Department, the Village, 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 restoring the right-of-way.

Inspection; as-built drawings.

Notice of completion. When the work under any permit hereunder is begun and completed, the permittee shall notify the Department. Upon completion, the permittee shall submit as-built drawings to the Village if required by the Department of Public Works.

Site inspection. The permittee shall make the work site available to the Village Engineer and 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.

Authority of Department. 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 wellbeing of the public. The Village may issue an order to the applicant 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 applicant or permittee 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 Subsection I.

Ongoing management fees. The cost of trimming trees or maintaining landscaping 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.

Compliance with other laws. Obtaining a permit to excavate and/or occupy the right-of-way does not relieve the 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. If an applicant is required to obtain a franchise or enter into an agreement pursuant to any other section of this Code, it shall do so prior to making application hereunder.

Revocations, suspensions, refusals to issue or extend permits.

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:

The applicant has not submitted the required application materials;

Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival or other event;

Misrepresentation of any fact by the applicant or permittee;

Failure of the applicant or permittee to maintain required bonds and/or insurance;

Failure of the applicant or permittee to complete work in a timely manner;

(f)

The proposed activity is contrary to the public health, safety or welfare;

(g)

The extent to which right-of-way space where the permit is sought is available;

(h)

The competing demands for the particular space in the right-of-way.

(i)

The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permittee or applicant;

(j)

The applicability of ordinances or other regulations of the right-of-way that affect location of facilities in the right-of-way;

Discretionary issuance. The Department may issue a permit where issuance is necessary:

To prevent substantial economic hardship to a customer of the permittee or applicant; or

To allow such customer to materially improve its utility service; or

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.

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 with the Public Works and Utilities Committee. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Public Works and Utilities Committee may affirm, reverse or modify the decision of the Department. A decision of the Public Works and Utilities Committee may be appealed to the Village Board.

[Amended 5-9-2011 by Ord. No. 574]

Work done without a permit.

Emergency situations.

Each person 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 person may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the person 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 any emergency regarding a person's facilities, the Department may attempt to contact the local representative of each person 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 person whose facilities occasioned the emergency.

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 chapter or other chapters of the Code of the Village of Waterford, 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.

Location of facilities.

[Amended 5-8-2017 by Ord. No. 652]

Placement.

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.

All aboveground structures, poles, cabinets or boxes shall be precisely indicated on the plans submitted pursuant to Subsection D(2)(b), including the size and appearance thereof.

The Department may require alternative placement of said structures, poles, cabinets or boxes as part of the permitting process if it determines that the planned placement interferes with public safety, health or welfare. In addition:

No aboveground structure, pole, cabinet or box may be placed in a vision clearance triangle or other area where a driver's line of sight may be obstructed.

No structure, pole, cabinet or box may be placed in a location that would interfere with the provision of municipal police or fire services.

Rigid nonbreakaway utility structures shall be located a minimum of 10 feet from roadway curbs or shoulders and behind existing or future sidewalks.

Additional restrictions for poles and structures over 60 feet in height. No pole or structure over 60 feet in height may be placed in the right-of-way within a zoning district that allows residential uses or within 500 feet of such a district. A pole or structure over 60 feet in height may only be placed in a location where there is a clear fall zone of any building that would reasonably be expected to have people inside or underneath. An application for a permit for a pole or structure over 60 feet in height shall include:

[i]

An analysis of alternate existing sites in the right-of-way or elsewhere in or near the Village that shows no suitable alternate site is available and that no ground-based distribution system, or newer technology, is possible.

[ii]

A roadside hazard analysis that shows that the placement of the structure does not exceed the risk of placing a structure 60 feet or less in height in the same location.

[iii]

An ice shedding and ice throw risk assessment inclusive of mitigation measures that will be used.

[iv]

A plan for the replacement of any nonnuisance tree or other vegetation that must be removed to accommodate the pole or structure and its associated equipment.

[v]

An erosion control plan for use when an excavation site or ground disturbance is not restored within 24 hours.

[vi]

Proof of compliance with the Wisconsin Manual on Uniform Traffic Control Devices.

[vii]

Proof that the weight of any equipment placed on a structure will not compromise its structural integrity, and proof that said equipment will not interfere with existing equipment located in the vicinity.

[viii]

An environmental analysis at each pole or structure location.

Cabinets and boxes should not be placed in the right-of-way. If allowed in the right-of-way, cabinets and boxes, along with all other aboveground facilities, shall be located as close to the right-of-way line as practical.

The Department may also reasonably require screening of structures, cabinets or boxes if it determines that the public welfare is harmed by the potential diminution of property values in the area because of the appearance of said structures, cabinets or boxes.

No aboveground facility, pole, structure, cabinet or box may interfere with the use of the adjacent property without the written authorization of the property owner.

All underground facilities shall be precisely indicated on the plans submitted pursuant to Subsection D(2)(b). The Department may require alternative placement of said facilities as part of the permitting process if it determines that said facilities interfere with the public safety, health or welfare. No underground facility may interfere with the use of the adjacent property.

Limitation of space. The Department 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 Department 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. Basic required municipal uses, such as sewer, water and storm sewer mains and laterals, shall be given priority in furtherance of such protection of the public health, safety and welfare.

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, upon the granting of such permission, the applicant shall pay the actual cost to the Village of the administrative and engineering 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.

Relocation of facilities.

Permanent relocation.

A person 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 for the health, safety or public welfare, requests such removal and relocation. If requested, the person shall restore the right-of-way.

Notwithstanding Subsection L(1)(a), 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 person gives written consent to the vacation, or the person fails to use the easements and rights for a period of four years from the date of the vacation, or the reasonable costs of the relocation are first paid to the person therefor, pursuant to Wis. Stat. § 66.1005.

A person must, promptly and at its own expense, permanently relocate its facilities in the public right-of-way if the placement or location of the facilities interferes with an adjacent property's connection to a required utility. A required utility is municipal water service (see § 223-15), municipal sewer service (see § 223-19), and municipal stormwater service (see Chapter 250). The Village mandates connection to said required utilities for the health, safety and welfare of the public, and such connection shall not be considered to be substantially for the benefit of any person other than the Village.

A person must, promptly and at its own expense, permanently relocate its facilities in the public right-of-way if the right-of-way is being widened or altered for the public health, safety or welfare and the location of the facilities interferes with such widening or alteration.

Temporary relocation.

A person must, promptly and at its own expense, temporarily protect, change or relocate its facilities in the right-of-way whenever the Village, acting in its governmental capacity for the health, safety or public welfare, requests such protection, change or relocation. If requested, the person shall restore the right-of-way.

A person must, promptly and at its own expense, temporarily protect, change or relocate its facilities in the public right-of-way if the placement or location of the facilities interferes with an adjacent property's connection to a required utility. A required utility is municipal water service (see § 223-15), municipal sewer service (see § 223-19), and municipal stormwater service (see Chapter 250). The Village mandates connection to said required utilities for the health, safety and welfare of the public, and such connection shall not be considered to be substantially for the benefit of any person other than the Village.

Interference with other facilities during municipal construction.

When the Village performs work in the right-of-way and finds it necessary to maintain, support, shore, or move a person's facilities, the Village shall notify the local representative. The person or its representative shall meet with the Village's representative within 24 hours and coordinate the protection, maintenance, supporting and/or shoring of the person's facilities. The person shall accomplish the needed work within 72 hours, unless the Village agrees to a longer period.

In the event that the person does not proceed to maintain, support, shore or move its facilities, the Village may arrange to do the work and bill the person, said bill to be paid within 30 days.

Discontinued operations; abandoned facilities.

Discontinued operations.

A person who has determined to discontinue its operations in the Village must either:

Provide information satisfactory to the Department that the person's obligations for its facilities under this chapter have been lawfully assumed by another person; or

Submit to the Department a proposal and instruments for dedication of its facilities to the Village. If a person proceeds under this clause, the Village may, but shall not be required to:

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

Require the person, at its own expense, to remove the facilities in the right-of-way at ground level or above ground level; or

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

However, any person who has unusable and abandoned facilities in any right-of-way shall remove them from that right-of-way within two years, unless the Department waives this requirement.

Abandoned facilities. Facilities of a person who fails to comply with Subsection N(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, but shall not be required to:

Abate the nuisance; or

Take possession of the facilities; or

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

Public utilities. This Subsection N shall not apply to a public utility, as defined by Wis. Stats. § 196.01(5), that is required to follow the provisions of Wis. Stats. § 196.81.

Reservation of regulatory and police powers. The Village, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way under this chapter, 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 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 under this chapter, 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 Village, shall be in full force and effect and 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.

Severability. If any section, subsection, sentence, clause, phrase, or portion of this section 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.

Penalty. Any person who violates this section or fails to comply with the provisions of this section shall be subject to a forfeiture of not less than $120 nor more than $600. Each day such violation or failure to comply continues shall be considered a separate offense.

§ 191-4 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 he is the owner or occupant, except as provided in Subsection B.

Exceptions. Subsection A shall not apply to the following:

Signs and clocks with valid sign permits attached to buildings which project not more than six feet from the face of such building and which do not extend at any point lower than 10 feet above the sidewalk, street or alley.

[Amended 1-23-2006 by Ord. No. 489]

Awnings which do not extend at any point lower than seven feet above the sidewalk, street or alley.

Public utility encroachments authorized by the Village.

(4)

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such articles do not remain thereon for more than three hours.

(5)

Building materials, when placed upon the street, alley or sidewalk upon conditions prescribed by the Department of Public Works, which may require such materials to be protected by barricades or appropriate lights.

[Amended 1-23-2006 by Ord. No. 489]

(6)

Mailboxes. Mailboxes may be located in the Village of Waterford's right-of-way if they are installed per the USPS Residential Mailbox Standards and conform to the following standards. No permit is required. All mailboxes placed in the right-of-way are placed there at the owner's risk.

[Added 12-13-2010 by Ord. No. 563]

Standards.

The front of the box must be set back a minimum of eight inches from the back of curb, or, in locations where there is no curb, a minimum of eight inches from the existing graveled shoulder of the road. The mailbox door when opened shall not extend past the back of the curb or graveled shoulder of the road.

The support shall be a wood post, steel pipe, 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 42 inches but not to exceed a maximum of 48 inches above the road surface. The support shall be one of the following dimensions:

Square wood post: four inches by four inches.

Round wood post: four inches in diameter.

Steel pipe: one-and-one-half inch inside diameter.

Steel channel: two pounds per foot.

The support shall not be set in concrete, nor is a base plate acceptable. Anti-twist flanges may be installed on the pipe or channel supports but shall not be imbedded more than 10 inches into the ground.

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

[5]

Multiple mailboxes. No more than two mailboxes may be mounted on one post. For a multiple installation, support posts must be spaced a minimum longitudinal distance apart which is equal to three-quarters of the height of the posts in the installation. For example, in an installation where posts are four feet above ground, they should be spaced three feet apart. The Director of Public Works may approve the design and installation of clusters or groups of mailboxes that vary from this requirement at his or her discretion.

[6]

No mailbox shall be placed within 10 feet of a fire hydrant.

[7]

The Department of Public Works will maintain a supply of standard drawings of approved mailbox installations.

Damage. Any claim of damage from snow removal operations will be investigated by Department of Public Works Staff. In the event that a mailbox that is installed in accordance with this section is actually hit and damaged by Village-owned snow-removal equipment and cannot be repaired, the owner may make a claim to the Director of Public Works, who shall proceed according to Village policy. The Village is not liable for any damage to mailboxes caused by snow and ice being pushed off the roadway by Village equipment.

Owner's responsibility to remove snow. Since plows cannot plow directly up to the edge of a mailbox, it is the property owner's responsibility to keep snow and ice cleared up to the curb in front of their mailbox to enable the Postal Service to have unobstructed access to the mailbox so that carriers can safely and efficiently deliver the mail. Failure to keep this area clear of snow and ice may result in an interruption of mail service.

Limits. Newspaper tubes may be attached to the mailbox post. No other object of any kind shall be attached to the mailbox, newspaper tube or their supports. No other objects, including but not limited to landscaping boulders or fences, may be placed on the right-of-way.

This section is not intended to and shall not be construed to create any affirmative duty on the part of the Village of Waterford to locate and remove obstructing mailboxes.

(7)

Sidewalk seating and decorative displays. Notwithstanding any other provision of this Municipal Code, the Village wishes to allow the operation of sidewalk seating, dining, and outdoor displays to provide for increased activity, revitalization, and business opportunities. Sidewalk seating, dining, and outdoor displays are subject to the standards set forth in this section, which are developed to ensure the health, safety and welfare of the public with the least imposition on pedestrians, vehicular movement, and business patrons and proprietors. No person shall allow sidewalk seating and/or installation of a decorative display on sidewalks unless said seating or decorative display is in conformance with a permit issued pursuant to this section.

[Added 11-26-2012 by Ord. No. 595]

SIDEWALK SEATING AREA and/or DECORATIVE DISPLAY AREA

Definitions. The following words, terms and phrases when used in this section shall have the meanings given in this section, except where the context clearly indicates a different meaning.

DECORATIVE DISPLAY

A display designed for the entertainment or cultural enrichment of the public and has no direct or indirect sales or advertising content.

SIDEWALK

That portion of a highway between the curblines, or the lateral lines of a roadway, and the adjacent property lines, constructed for use by pedestrians. It does not include any portion of a multiuse pathway.

The area designated in the permit and includes any tables, chairs, benches, barriers or partitions, trash containers, and decorative displays maintained upon any part of the sidewalk in the permit area.

Permit required.

[Amended 12-27-2016 by Ord. No. 647]

Except as set forth in Subsection B(7)(b)[2], no person or business shall maintain a sidewalk seating or decorative display area unless a permit for the area has been issued under this section. A seasonal permit is required for sidewalk seating and/or decorative displays and shall be issued by the Director of Public Works or the Director’s designee. In making the determination whether to issue a permit, the Director of Public Works or the Director’s designee shall, on a case-by-case basis, take into consideration public safety, size of the sidewalk seating or decorative display area, location with respect to residential uses and neighborhood conditions, noise, and security.

No permit, application fee, or proof of insurance is required for displays of vegetation placed next to a building’s facade, providing that there is compliance with all pertinent restrictions in Subsections B(7)(e), Location; B(7)(h)[1][a], Sidewalk Clearance; B(7)(h)[1][b], Proximity to Street; B(7)(h)[1][d], Ingress and Egress; and the following regulations:

The rear edges of flowerpots or planters must be placed no further than six inches away from the building wall and may not extend more than a total of 18 inches from the wall.

Flowerpots and planters must be kept level, tended regularly, and have dead materials removed regularly.

Plantings must be of such a nature as to not pose harm to passersby, such as thorns, prickly plants, or vines that trail into the right-of-way.

Notwithstanding that a permit is not required under this subsection, the provisions of Subsections B(7)(j), Suspension and revocation of permits, and B(7)(o), Violations, apply as though a permit has been issued for the display.

No person or business shall maintain a sidewalk seating or decorative display area unless the sidewalk seating/decorative display is in conformance with the standards and requirements of this section.

Application and fee. An applicant for a permit under this section shall file an application on a form provided by the Village Clerk, and must include a site plan drawn to scale and shall accurately describe the area and furniture, and indicate the nature of fencing or other measures intended to provide control over the operation of the area if those measures are required in this section. The application shall be signed by the applicant, and if the business operator is a tenant, then also by the property owner. The initial application shall be accompanied by a drawing of the site requested to be used, showing the approximate location of the furniture and decorative displays. The application shall also be accompanied by a nonrefundable fee in an amount set by the Village Board and set forth on the Fee Schedule.[1]

Editor's Note: The fee schedule is on file in the Village offices.

Location. A sidewalk seating and/or decorative display area may be permitted on the public sidewalk immediately in front of the applicant's business or property. It shall not encroach on neighboring property. The sidewalk seating or decorative display area shall be limited to the area identified in the permit. If more than one business is located on a property and wish to use the sidewalk, the business applying first shall be given priority. No permit shall be issued if the sidewalk and use does not meet the standards and restrictions set forth in this section.

(f)

Indemnification/insurance. The permit holder shall defend, indemnify and hold harmless the Village and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permit holder's use of the public right-of-way. The permit holder shall provide to the Village, in a form acceptable to the Village, a certificate of insurance substantiating the existence of a general liability policy, in an amount not less than $1,000,000, covering the area subject to the permit. The Village shall be named as an additional insured. The insurance certificate shall be provided to and approved by the Village prior to issuance of the permit.

(g)

Hours and months of operation. A permitted sidewalk seating area may be open daily from 6:00 a.m. until 9:00 p.m., from April 1 through October 31. A new permit and permit fee is required annually.

(h)

Standards and restrictions.

Physical requirements.

Sidewalk clearance. An unobstructed sidewalk clearance of four feet shall be maintained for pedestrians at all times from the edge of any table, chair, bench, planter, or other appurtenance used as part of a sidewalk seating or decorative display area. The entire seating area must be paved with concrete, asphalt, brick or pavers.

Proximity to street. Where the sidewalk seating or decorative display area is located adjacent to the street, in addition to the requirements stated in Subsection B(7)[1][a] above, an eighteen-inch clearance shall be maintained from the face of the curb to the sidewalk seating or decorative display area unless there is parking parallel to the street, in which case a thirty-inch clearance is required.

Table size. Tables located within the sidewalk seating area shall be sized so as to maintain the required four-foot, unobstructed sidewalk clearance zone.

Ingress and egress. No sidewalk seating or decorative display shall obstruct any points of building ingress and/or egress.

[e]

Vision corners. On a corner lot, no sidewalk seating or decorative display area shall be located within the area bound by the extensions of the corner building walls between the building and the curb.

[f]

Attachments. No portion of a fixture or feature of the sidewalk seating or decorative display area may be permanently attached to the sidewalk or building.

[g]

Parking increase. Sidewalk seating shall be exempt from additional parking requirements of Chapter 245, Zoning.

[h]

Lighting and sound. No additional exterior lighting is permitted in a sidewalk seating or decorative display area. No entertainment or use, operation or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the reproduction of sound is permitted unless a special events permit is issued pursuant to Chapter 188 of this Municipal Code.

[i]

All items in the sidewalk seating or outdoor display area must be removed at the end of each business day, or 9:15 p.m., whichever is later, or must be adequately secured to prevent theft, or will be subject to removal by the Village. The Village is not responsible for any item in the sidewalk seating or outdoor display area.

[j]

The placement of any item on the public sidewalk that is not in compliance with these regulations is subject to removal by the Village without warning. Items removed by the Village will be disposed of without compensation provided to the owner of the items. The cost of removal will be billed to the permit holder. Failure to pay the bill for costs within 30 days of billing will result in the costs being placed on the tax roll as a special charge against the property at which the permit holder was located.

Design. The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of natural finishes or dark colors.

Maintenance.

The permit holder shall maintain the sidewalk seating or decorative display area and the adjoining street, curb, gutter and sidewalk in a neat, clean, sanitary and orderly condition at all times, regardless of the source of the refuse and litter. Trash disposal shall be inside the establishment operating the sidewalk seating area. The permit holder shall remove litter from the adjoining properties which may have come from the sidewalk seating or decorative display area.

Activities in the sidewalk seating or decorative display area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

The permit holder shall be responsible for preventing excessive noise to ensure minimal or no intrusion on the merchants and inhabitants of the surrounding properties.

The permit holder shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration. In so cleaning, the permit holder shall not allow any chemical or debris substance to enter the storm sewer.

(i)

Service of intoxicating liquor and/or fermented malt beverages.

The permit holder may sell and serve intoxicating liquor and/or fermented malt beverages only if the permit holder holds the appropriate license and has obtained approval of the inclusion of the sidewalk seating area in its described licensed premises by the Village Board. The license shall be automatically conditioned at the time of approval of the sidewalk seating area in the license with a limitation that the enlargement of the premises to allow for the activity of service or consumption of intoxicating liquor or fermented malt beverages within the sidewalk seating area under such liquor license has no vested rights and may be suspended or revoked or nonrenewed by the Village Board without cause being shown.

Sidewalk seating areas where intoxicating liquor or fermented malt beverages are to be served must be defined by an enclosure of no more than three feet in height measured from the sidewalk. Enclosures shall be designed in compliance with ADA accessibility guidelines. An enclosure shall be compatible with the appearance and design of the associated building and sidewalk seating area. Enclosures shall be portable and may consist of planters, removable bollards/barriers or similar features that involve no alteration to or damage to the sidewalk.

Intoxicating liquor or fermented malt beverages must be sold and served by the licensee or licensee's employees and sold or served only to patrons seated at tables in the sidewalk seating area, and must be served in plastic cups.

Each license holder shall be responsible for policing the area of the sidewalk seating to ensure that the beverages are not removed from the sidewalk seating area. Tables must be cleared as soon as patrons leave.

[5]

Small cards must be placed on each table giving notice that removal of intoxicating liquor or fermented malt beverages from the sidewalk seating area is not allowed.

[6]

Storage and/or preparation of intoxicating liquor or fermented malt beverages shall not be permitted in the sidewalk seating area. The bar from which such beverages are dispensed shall be located indoors and shall not be located in the sidewalk seating area.

(j)

Suspension and revocation of permits.

Temporary suspension by Director of Public Works for conflicts. The Director of Public Works or the Director's designee shall have the right to suspend or prohibit the operation of a sidewalk seating or decorative display area at any time because of problems or conflicts in the use of the area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches, and similar special events, repairs to the street, sidewalk or the public facility, or from demonstrations or emergencies occurring in the area. To the extent possible, the Village will give prior notice of any time period during which the operation of the sidewalk seating or decorative display area must be suspended.

Suspension and revocation of permit for noncompliance. In the event of noncompliance with this section by the permit holder, its agents, employees, or patrons, the Director of Public Works or the Director's designee may suspend or revoke the permit upon notice to the permit holder.

Revocation or nonrenewal of permits at the option of the Village Board. The Village Board may determine that use of the public sidewalk shall cease, even without a showing of cause, in the entirety or a portion of the Village. In that event, no sidewalk seating and/or outdoor displays of any kind at that location may continue on the public sidewalk, and no tables or chairs or other encumbrances of the sidewalk may remain.

In the event that permits are suspended or revoked for any reason, items on the public sidewalk shall be removed immediately upon notice to the permit holder. If not removed by the end of the day that notice is delivered, the Director of Public Works or the Director's designee shall cause the encumbrance to be removed and the cost thereof billed to the permit holder. Failure to pay the bill for costs within 30 days of billing will result in the costs being placed on the tax roll as a special charge against the property at which the permit holder was located.

(k)

This section does not limit the Director of Public Works' or the Director's designee's authority to refuse to issue permits for the use of the public sidewalk for sidewalk seating and/or outdoor displays in individual cases, even if the applicant or permit holder meets all conditions of this section.

(l)

A permit under this section is a privilege, not a right. The issuance of any permit under this section may not be construed to create a vested right for the benefit of any person or any liquor or fermented malt beverage licensee. Whether a permit is issued or suspended or nonrenewed or revoked is within the Director of Public Works' or the Director's designee's and the Village Board's discretion, and no cause must be shown for any adverse action with regard to any sidewalk seating and/or decorative display permit.

(m)

The no cause standard on nonissuance, nonrenewal, suspension or revocation is deemed reasonable by the Village Board due to the Village Board's recognition that the sidewalk is primarily for the benefit of the public as a whole for pedestrian travel within its entire width at all times, and that the encumbrance permitted through the issuance of a sidewalk seating and/or decorative display permit is a special privilege that may be extended or withdrawn at any time and for any reason. The notice and hearing provisions of this section may not be construed as a recognition of any right on the part of the permit holder to such special use of the public sidewalk.

(n)

Appeal. Any person aggrieved by a decision of the Director of Public Works or the Director's designee shall have the right to appeal such decision to the Village Board provided such appeal is taken within 30 days of the determination or decision. The permit holder may request a public hearing before the Board. Upon appeal, the Village Board may restore, suspend or revoke the privilege of providing sidewalk seating and/or outdoor displays on public sidewalks.

(o)

Violations.

In addition to the provisions set forth in this section, any sidewalk seating or decorative display that is initiated, operated or maintained contrary to the provisions of this section, including, but not limited to, unlawfully obstructing the public right-of-way, or failure to adequately maintain and clean the sidewalk seating and/or decorative display area, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code.

Persons who are legally in possession of or consuming intoxicating liquor or fermented malt beverages in a location for which a valid permit has been issued under this section are not in violation of § 174-6 of this Municipal Code, Drinking in public.

§ 191-5 Snow and ice removal.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489]

Sidewalks to be kept clear. The owner or occupant of any lot or parcel within the Village shall, within 24 hours after the end of any storm, remove all snow and ice which may have fallen or accumulated upon the sidewalk in front of such lot or parcel; provided when ice has so formed that it cannot be removed, the owner or occupant shall keep the same sprinkled with a material which will prevent the sidewalk from being dangerous to pedestrians. If the owner or occupant fails to comply with this subsection, the Department of Public Works shall cause the snow or ice to be removed or sprinkled as required in this subsection and the cost thereof assessed against the property as a special tax as provided in Subsection B.

[Amended 1-23-2006 by Ord. No. 489]

Assessment. After clearing or sprinkling any such sidewalk as provided in Subsection A, the Village Department of Public Works shall file with the Village Clerk a written report containing a description of the lot or tract charged and the expenses chargeable to the same; and the Clerk shall mail to the owner of each such lot or tract, at his last known address, a statement of such expenses. When paid, the amount so paid shall be credited to the Village General Fund. If any such bill remains unpaid on October 1 next following the clearing or sprinkling of the sidewalk, the Village Clerk shall insert such charge in the general tax roll of the Village; and the same shall be collected in the same manner as other special taxes.

Snow not to be deposited in streets. No person shall cause to be deposited snow from his premises or the sidewalk abutting thereon onto any street in the Village.[1]

[Amended 2-10-2014 by Ord. No. 614]