Fiscal Note
No fiscal impact.
Title
Repealing and replacing Section 10.05 of the Madison General Ordinances entitled “Occupancy of Rights-of-Way” and amending Sec. 1.08(3)(a) to update the bond schedule.
Body
DRAFTER'S ANALYSIS: This ordinance repeals and replaces the existing right-of-way occupancy ordinance to update the City’s requirements for the use of the public right-of-way. The City’s current ordinance needs to be updated to account for current practices and in light of various issues that have faced the City over the years and that are likely to face the City in the years to come.
Of note, there is a recent movement within the telecommunications industry where companies are beginning to look to site tall (e.g. 50 foot tall or higher) communication only poles or towers within the public right-of-way rather than siting these poles or towers on zoning lots. While the City may enact reasonable regulations directed at these sorts of installations, the City’s current requirements do not impose requirements sufficient to give staff enough information to review these poles or towers and their impact on the public’s health, safety and welfare. The updates directed at these sorts of installations in the right-of-way are consistent with the City’s existing authority. These changes will not apply to traffic signals, street lights, emergency alert signals or high voltage transmission lines. Applicants will be required to notify the area alder and nearby property owners as part of the application process. New poles and towers over 50 feet tall must be located outside of the fall radius of a residential, commercial, retail or other occupied building.
Moreover, this ordinance codifies the statutory Digger’s Hotline requirements to enable the City to enforce these requirements. The City has found itself unable to do anything when faced with either a registrant’s non-marking or untimely marking. The resulting delays are costly and problematic, not only f...
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