Title
Ordinance to amend sections 11.11(4)(a), 11.11(5)(a)2., 11.11(9), and 11.18(3) and create section 11.20 of the West Allis Municipal Code relating to the installation and maintenance of small wireless facilities
Body
Whereas 2019 Wisconsin Act 19 was enacted on July 10, 2019; and
Whereas pursuant to Wis. Stat. ? 66.0414(2)(d), state law requires that the City enact an ordinance that implements rates, fees, and terms for access to the right-of-way that comply with Wis. Stat. ? 66.0414(2); and
Whereas the City seeks to enact regulations that are consistent with state law and also protect the public health, safety, and welfare;
Now, therefore, the Common Council of the City of West Allis, Milwaukee County, do ordain as follows:
Part 1. Code Revision
Section 11.11(4)(a) of the Municipal Code of the City of West Allis is hereby amended to read as follows:
Permit Requirement.
(a) Special Right-of-Way Permit Required. Except as otherwise provided in Section 11.11, or other Chapters of the Revised Municipal Code, no person shall excavate, obstruct or occupy the right-of-way or place or collocate facilities in a right-of-way without first obtaining a special right-of-way permit [see Subsection 11.18(3)] from the City Engineer. No person shall engage or continue in construction in the right-of-way beyond the date or area specified in the permit, unless such person makes application for a permit to perform such additional work before the expiration of the initial permit. No permit is necessary under this paragraph for routine maintenance, the replacement of a small wireless facility with a small wireless facility that is substantially similar to, or the same size or smaller than, the existing small wireless facility, or the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code.
Part 2. Code Revision
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