HomeMy WebLinkAboutItem 2PLAN COMMISSION STAFF REPORT SEPTEMBER 16, 2025
ITEM 2: GRANT PRIVILEGE-IN-THE-STREET FOR PRIVATE
UNDERGROUND TELECOMMUNICATION LINE LOCATED IN THE
WEST WAUKAU AVENUE RIGHT-OF-WAY
Applicant: Bill Fagan RCDD CC&N
Owner: Hydrite Chemical Co.
Action Requested: The applicant requests a Privilege-in-the-Street to allow for
installation of a private, fiber option telecommunication line to be placed underground
across the public right-of-way on West Waukau Avenue, just west of Bradley Street.
Applicable Ordinance Provisions: N/A, any location of a non-city or public utility use in
City right-of-way requires the issuance of a Privilege-in-the-Street permit.
The private fiber optic line will be placed underground at a location approximately 30
feet west of the west right-of-way line of Bradley Street. According to the submitted
narrative, Hydrite Chemical Co. is currently using a data link to maintain
communication with their operation plants at both 191 West 28th Avenue and 101 West
Waukau Avenue locations.
The applicant has expressed the use of the data link for communication between the two
buildings has been unreliable and would desire to have a hard wire connection between
them to minimize disruption to their plant operations. The proposed private utility line is
shown to limit the private utility presence within the public right-of-way by keeping its
crossing distance to the shortest length possible. The applicant is also proposing to install
the fiber communication line within a protective two-inch conduit to further shield the
private utility from damage and minimize the need to dig up the right-of-way if repairs
are required in the future.
The applicant will coordinate with the Department of Public Works to ensure no conflicts
with City utilities. The Department of Public Works has reviewed the request and has no
concerns with the proposed installation that cannot be addressed with the standard
Privilege-in-the-Street conditions.
Recommendation: Staff recommends approval of the request for Privilege-in-the-Street
with the following conditions:
1. The petitioner/owner shall follow the current edition of the Standard Specifications
for the City of Oshkosh, Wisconsin for all construction related to the installation and
maintenance of the private utility within the public right-of-way, including all
applicable Municipal Codes.
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Item 2 - Privilege in Street – 191 West 28th Avenue
2. The petitioner/owner shall work with the Department of Public Works regarding
the precise location of the underground private utility line within the public right-
of-way. The Department of Public Works shall approve the precise location, but
the approval of the utility location shall not be unreasonably denied.
3. The petitioner/owner shall apply for and obtain the appropriate right-of-way
license and permit. The petitioner/owner shall not perform any work within the
public right-of-way until an issued right-of-way permit has been granted by the
Department of Public Works for all work related to the Privilege-in-the-Street,
including any future maintenance work.
4. The petitioner/owner is responsible for all costs, expenses, and damages to the
extent they are related to the petitioner/owner’s activities pursuant to the
Privilege-in-the-Street. Any problems that may arise as a result of the private
utility line installation will be the responsibility of the petitioner/owner to correct.
Petitioner/owner shall notify the Department of Public Works immediately upon
being made aware of such damages occurring.
5. The petitioner/owner shall secure and submit to the City Clerk a separate
insurance policy which names the City of Oshkosh, and its officers, Council
Members, agents, employees, and authorized volunteers as additional insured’s
with a minimum commercial general liability coverage of $200,000 per occurrence
and $500,000 in general aggregate coverage. It is the responsibility of the
petitioner/owner to file in a timely manner a new insurance certificate with the
City Clerk upon expiration of an existing certificate. Failure to do so may result in
the revocation of the Privilege-in-the-Street within ten (10) days of notice.
6. The petitioner/owner shall be registered with Diggers Hotline System for the
purposes of having the private underground utility properly marked and located
in conformance with all Digger’s Hotline System requirements for the duration in
which the private utility remains active within the public right-of-way.
7. The petitioner/owner shall enter into a Privilege-in-the-Street Agreement with the
City of Oshkosh that will formalize the private utility within the public right-of-
way and all application conditions here applied and added to by City Staff who
are authorized to include additional conditions that are in the best interest of the
City. The petitioner/owner shall take into consideration the City’s use of the right-
of-way and, as a result, plan its actions to provide the least amount of disruption
that is reasonably possible to the operation of the public right-of-way and all
active underground utilities.
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Item 2 - Privilege in Street – 191 West 28th Avenue
Aerial View
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H:\jeffn\Arc_GIS_Pro_Projects\Planning_Base_Map\Planning_Base_Map_2025.aprx User: jeffn
W. WAUKAU AVENUE &
BRADLEY STREET
ZONING & AERIAL MAP
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 9/10/2025
¯110 0 110 22055
Feet
Prepared by: City of Oshkosh, WI
1 inch equals 0.038 miles
1 inch equals 200 feet
Proposed Privilege
in the Street
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