Chapter 12.16


12.16.010    Definitions.

12.16.020    Registration for right-of-way occupancy required.

12.16.030    Registration and reporting information.

12.16.040    Penalty.

12.16.010 Definitions.

The following definitions apply in this chapter:

“City” means the city of Brookfield.

“City engineer” means the city engineer or his or her designee.

“City inspector” means any person authorized by the city engineer to carry out inspections related to the provisions of this chapter.

“Company” means the same as defined as in Section 182.017(1g)(b), Wisconsin Statutes.

“Degradation” means the accelerated deterioration of the paved portion of the right-of-way caused by its excavation resulting in the need to reconstruct the paved right-of-way earlier than would be required if the excavation had not occurred.

“Emergency” means a condition that poses a clear and immediate danger to life or health or a significant loss of property.

“Excavate” means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.

“Facilities” means any pipe, pipeline, pole, structure, wire, cable, duct, conduit, fiber optics or radio signal transmission equipment, and associated plant and equipment, whether underground or above ground, that has been placed or proposed to be placed in the right-of-way and that is owned and/or operated by a company or public utility or any other person to provide utility services. “Facilities” includes wireless telecommunications facilities as defined in Section 12.17.010. Pipes that will be connected to each other or attached to existing underground pipes as part of the same placement project shall be considered one facility for the purposes of this section.

“Local representative” means a person designated by the permittee or registrant to accept notices and communication from the city who is available so as to be at a facility location quickly and authorized to make decisions for the permittee or registrant regarding all matters within the scope of this chapter.

“Person” means any person, firm, entity, organization, or corporation. “Person” does not include the city or any contractor doing work in the right-of-way for the city.

“Proper restoration” means that turf grass is growing and covers all unpaved portions of the right-of-way in sufficient quantity to prevent erosion and that all excavated pavement has been restored to standard and has not failed.

“PSCW” means the Public Service Commission of Wisconsin.

“Public utility” means the same as defined in Section 196.01(5), Wisconsin Statutes.

“Registrant” means any person who has registered with the city (1) to have its facilities placed in any right-of-way or (2) already has its facilities in the right-of-way.

“Repair” means to perform work necessary to return facilities to an operable or more optimal condition.

“Restoration deposit” means a cash deposit to ensure the availability of sufficient funds to assure that right-of-way excavation restoration is completed in a timely manner per city specifications.

“Restore” or “restoration” means the process by which an excavated right-of-way and surrounding area, including pavement, foundation, turf and landscaping, are reconstructed, per city specifications.

“Right-of-way” means the surface of and the space above and below the entire width of an improved or unimproved public roadway, highway, street, bicycle lane, landscape terrace, shoulder, side slope, and public sidewalk over which the city of Brookfield exercises any rights of management and control or in which the city of Brookfield has an interest.

“Tower” means the same as in 47 CFR 1.6100(b)(9), which defines the term as any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site. This definition does not include utility poles.

“Utility pole” means a structure in the right-of-way designed to support electric, telephone, and similar utility distribution lines and associated equipment. A tower is not a utility pole. “Utility pole” shall not include poles used for governmental operations such as traffic signals or traffic control devices, street lights, and emergency alert signals, or a utility’s high-voltage transmission lines.

“Utility service” means water, sewer, stormwater, gas, electric, wireless communications, telecommunications, cable, or other similar service provided by a public utility or a company subject to Section 182.017, Wisconsin Statutes. (Ord. 2564-19 § 2 (part), 2019)

12.16.020 Registration for right-of-way occupancy required.

A.    Registration. Any person who owns, or will own, including by lease, sublease or assignment, facilities shall register with the city engineer and pay the fee set forth in Section 3.28.010(TT).

1.    Exemption. If the applicant or registrant is another municipality, the municipality shall be exempt from paying the permit fee and any renewal fees.

B.    Applicability. This section shall not apply to those persons exclusively utilizing facilities provided by another or installing items other than facilities.

C.    Annual Registration Renewal Required. Each registrant with facilities in the right-of-way shall annually renew its registration and pay the fee set forth in Section 3.28.010(TT) or discontinue and properly abandon its facilities as provided for under Section 12.15.100.

D.    Failure to Register. Any person who is required to timely register, renew, or update its registration by the terms of this chapter, but who fails to do so, shall pay double permit and registration fees.

E.    Completeness of Registration. A registration or renewal shall not be complete until the applicant or registrant has submitted all information and paid all registration or renewal fees required by this chapter. (Ord. 2592-20 § 22, 2020; Ord. 2564-19 § 2 (part), 2019)

12.16.030 Registration and reporting information.

A.    Registration Information.

1.    Registration information shall be provided on city forms and include, in addition to the construction plans required in subsection (B) of this section, the following, but not be limited to:

a.    The registrant’s name, street address, email address, and telephone number.

b.    The name, street address, email address, and telephone number of a local representative. The local representative or designee shall be chosen by registrant to respond quickly on site in emergencies and when the city has issues with the registrant’s facilities during construction and be authorized to make decisions as to facilities. Any changes to the contact information for the local representative shall be updated within one business day.

c.    A copy of the registrant’s certificate of authority from the PSCW or other applicable state or federal agency if the registrant is required to have such a certificate.

d.    Certificate(s) of insurance compliant with the city’s standards, which are set forth in Section 12.17.070(D)(14).

e.    Execution of an indemnification agreement with the terms set forth in Section 12.17.070(D)(5) and included in the application form prescribed by the city.

2.    The registrant shall at all times maintain with the city accurate contact information for the registrant and all companies using the facility, which shall include a phone number, mailing address, and email address for at least one natural person.

B.    Construction and Major Maintenance Plan Reporting Obligations. Registrants shall attempt to coordinate construction in the public right-of-way whenever reasonably possible. Periodic reporting by the registrant of known construction plans will be useful to achieve this objective, therefore:

1.    Every registrant shall, at the time of registration and no later than January 1st of each year, file a construction and major maintenance plan with the city engineer. The registrant’s plan shall be submitted on a form prescribed by the city and shall contain information determined by the city engineer to be necessary to facilitate the coordination and reduction in the frequency of excavations of rights-of-way, including, but not limited to, the following information:

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

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

2.    Notwithstanding the foregoing, registrants may, with permission of another registrant, undertake construction or maintenance during the other’s project as long as the other registrant’s project was listed in a filed plan, without amending either registrant’s filed plans.

3.    Any registrant may change any project in its list, but must notify the city of all such changes in the list. (Ord. 2564-19 § 2 (part), 2019)

12.16.040 Penalty.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2564-19 § 2 (part), 2019)