ORDINANCE # 2025-1

AN ORDINANCE RELATED TO UTILITIES IN STREET RIGHTS OF WAY OR A TOWNSHIP EASEMENT IN THE TOWN OF BEAR LAKE

The Town Board of Town of Bear Lake in Rice Lake, Wisconsin, do ordain as follows:

SECTION 1. Section 336-1 1 of the Town of Bear Lake Code of Ordinances is created to read as follows:

                336-11              Utilities in Street Rights of Way.

62. Authority; Purpose. This ordinance is adopted pursuant to the authority under Wis. Stat. sV62.16 and 196.58 authorizing municipalities to regulate streets within their jurisdiction, including the regulation of utilities within such streets.
63. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein:
64. “Right-of-way” (“ROW”) means the surface of, and the space above and below, any public street, road, alley, highway, dedicated way, local access road or road easement used or intended to be used by the general public for vehicles, and any utility easement granted to the Town.
65. “Utility” means any entity, including cooperatives, that supplies electrical energy, water, sewer, manure lines, stormwater, gas, heat, cable, or communications.
66. Location of Utilities in Right-of-Way. No Utility may place utility facilities, including but not limited to pipes, wires, conduits, pedestals, hydrants, manholes, valves or other means to provide utility services in the Right-of-Way without the prior, express, written approval of the Town of Bear Lake. For purposes of this Section 336-1 1, the Town of Bear Lake Board may designate one or more Town employees to approve the location of utility facilities in the Right-of-Way.
67. Upon reasonable notice and a written request from Town to a Utility, the Utility shall relocate any utility facilities located within a Right-of-Way to a new location acceptable to the Town. The Utility shall be solely responsible for the cost to relocate utility facilities from within the Right-of-Way. The Town shall provide written notice of the time by which a Utility must remove, relocate, change, alter or bury underground its facilities and of the reason therefor, which shall be to promote the health, safety, or public welfare. If a Utility fails to remove, relocate, change, alter or bury underground any utility facility as requested by the Town, by the date reasonably established by the Town, the Utility shall pay all costs incurred by the Town due to such failure. Costs shall include but not be limited to costs related to project delays. If the Utility refuses to make a change requested by the Town, the Town may cause the utility facility to be removed, relocated, changed, altered, or buried underground at the Utility’s sole expense. Upon receipt of a detailed invoice from the Town, the Utility shall reimburse the Town for the costs the Town incurred. Reimbursement shall be made within 30 days of the date of the invoice.
68. Removal of Unauthorized Facilities. Unless otherwise agreed to in writing by the Town, within 30 days following written notice from the Town, the Utility and any other person who owns, controls, or maintains any abandoned or unauthorized utility facility within the Right-of-way shall, at its own expense, remove or abandon in place the utility facility and restore the Right-of-way to its condition prior to such removal.
69. Removal by Town.
70. The Town retains the right and privilege to cut or move any utility facilities located within the Right-of-way, without notice, as the Town may determine to be necessary, appropriate, or useful in response to a public health or safety emergency.
    2. If the Utility fails to remove any facility when required to do so under this Section 336-1 1, the Town may remove the facility using qualified personnel or contractors consistent with applicable State and Federal safety laws and regulations, and the Utility shall be responsible for paying the full cost of the removal and any administrative and legal costs incurred by the Town in removing the utility facility and obtaining reimbursement. Upon receipt of an invoice from the Town, the Utility shall reimburse the Town for the costs the Town incurred within 30 days of the date of the invoice.
    3. The Town shall not be liable to any Utility for any damage to utility facilities, or for any consequential losses resulting directly or indirectly therefrom, caused by the Town or its contractor in removing, relocating or altering the utility facilities pursuant to this Section 336-11 or resulting from the Utility’s failure to remove, relocate, alter, or bury underground its facilities as required by this Section 336-11 unless such damage arises directly from the Town’s willful misconduct.
    4. Violation. Violation of any of the provisions of this Section 336-11 shall be punishable by a forfeiture in the amount of $100 per violation, with each day during which the violation continues constituting a separate offense.
    5. A permit is required. The board reserves the right to waive fees- per their discretion related to any fees outlined in the permit and/or ordinance.

SECTION 2. Effective Date. This ordinance shall take effect upon passage and publication as provided by law.

ADOPTED at a regular meeting of the Town of Bear Lake Town Board this 11^th day of June, 2025.

                                                                                                                                      ____________________________

                                                                                                                                       Paul Toft, Chairman

ATTEST:             __________________________________

                        Lisa Blechinger, Clerk

 

 

Passed and Adopted: At the June 11, 2025 Board Meeting            

 

Published: Posting on website & town shop 6/16/25-7/15/25      EFFECTIVE: 7/16/2025