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Chapter 9 Section 11

Section 9.11 PROJECT COORDINATION.

A. Coordination of Projects. It is in the best interests of all persons to attempt to coordinate projects whenever it is reasonably possible. Therefore, periodic reporting by Permittees of known construction project plans will be useful to achieve this objective.

1. Project Plans. At the time of application the applicant shall file a construction and major maintenance project plan with the Village. The plan shall include, but shall not be limited to, the following information:

a. The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year.

B. Location of Facilities.

1. Undergrounding. This section applies to any facilities not governed by Section 12.015 of the Village ordinances. The Village desires that all new facilities and all replacements of above ground facility lines be placed underground (or within buildings or other structures). Unless existing above ground facilities are used; the installation of new lines shall be underground. Where lines are added to existing above ground facilities, they shall not increase the expected life of the above ground facility. In recognition that in developed areas, undergrounding of existing lines may be significantly more expensive than replacement above ground lines, replacements of existing above ground lines with lines to increase capacity or if a majority of the poles in a line segment are to be replaced, the lines shall be placed underground except where undergrounding is unreasonably expensive, interferes with a roadway structure, or is physically impractical. All new and replacement above ground lines require the approval of the Village based on the above criteria. Such approval shall not be unreasonably withheld.

2. Limitation of Space. Where there is insufficient space in a right-of-way to accommodate all of the requests of Persons to occupy and use the right-of-way, the Village shall request a meeting of representatives of all persons involved to resolve the issue. Where no agreement can be reached to make space available, the Village may prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the Village shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but may prohibit or limit the placement of new or additional facilities when required to protect the public health, safety or welfare.

C. Relocation of Facilities.

1. Relocation Coordination. Existing facilities may interfere with proposed or modified Village use of the right-of-way, or with public improvements undertaken by the Village.

2. Relocation Required. Except as prohibited by State or Federal law, a Permittee shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove or relocate its facilities in the right-of-way whenever the Village requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The Village may make such request to prevent interference of facilities with:

a. a present or future Village use of the right-of-way,

b. a public improvement undertaken by the Village,

c. when the public health, safety and welfare require it, or

d. when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way.

D. Abandoned Facilities.

1. Discontinued Operations. A Permittee who has determined to discontinue its operations in the Village shall either:

a. Provide information satisfactory to the Village that the Permittee’s obligations for its facilities under this Chapter have been lawfully assumed by another Permittee; or

b. Submit to the Village a proposal and instruments for dedication of its facilities to the Village. If a Permittee proceeds under this clause, the Village may, at its option:

(1) accept the dedication for all or a portion of the facilities; or

(2) require the Permittee, at its own expense, to remove the facilities in the right-of-way at ground or above ground level; or
(3) require the Permittee to post a bond or provide payment sufficient to reimburse the Village for reasonably anticipated costs to be incurred in removing the facilities.

2. Abandoned Facilities. Facilities of a Permittee who fails to comply with Subsection. 1 above, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:

a. abate the nuisance,

b. take possession of the facilities, or

c. require removal of the facilities by the Permittee, or the Permittee’s successor in interest.

3. Exemption. Subsections. 1 and 2 above of this Section shall not apply to:

a. a municipality, or

b. a public utility.

4. Records of Discontinued Operations or Abandoned Facilities. The person that owns discontinued operations or abandoned facilities in the public rights-of-way shall retain records of those facilities and shall make those records available whenever any designer or excavator requests information regarding the locations of existing facilities in public rights-of-way.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane