[Amended 1-22-1990; 4-18-2005 by Ord. No. 05-13; 5-18-2009 by Ord. No. 09-29]
The purpose of this article is to regulate work being done within
a Village right-of-way and to ensure public safety during any time
such work is permitted. Nothing herein, in accordance with § 86.07(2),
Wis. Stats., shall abridge the authority of the Village, the Village
Administrator, or the Village Public Works Director, or designee,
to make additional rules, regulations and conditions not inconsistent
herewith as may be deemed necessary and proper for the preservation
of streets and rights-of-way or for the health, safety and welfare
of the public and to make the granting of any such permit conditional
thereon.
For the purposes of this article, the following terms, phrases,
words shall have the meaning:
Any person making written application to the Village for
a road opening or work in the right-of-way permit hereunder.
A day the office of the Village is routinely and customarily
open for business.
A court-issued order to halt activity that is being conducted
without a valid permit.
Any individual, corporation, partnership, association, trust,
body politic or corporate or any other legal entity.
Any street, highway, sidewalk, alley, avenue, or other public
way owned, maintained or dedicated to the Village.
An order issued by the Village Engineer, or designee, which
requires that all construction activity on the site be stopped.
A.
Any person requesting to perform any of the following work within
a Village right-of-way shall first obtain a permit from the Village:
(1)
Construction of any new public streets or public trails, paths or
walkways;
(2)
Road openings for the installation of sanitary sewer, water and storm
sewer laterals;
(3)
Grading or land disturbance within the Village right-of-way, that is not specifically exempt pursuant to Subsection B below;
(5)
Planting within a Village right-of way;
(6)
Temporary site access; or
B.
The following work within a Village right-of-way does not require
a work in the right-of-way permit:
(2)
[2]Any work under the direction of the Village or by any contractor
of the Village performing work for and in behalf of the Village necessitating
openings or excavations in streets;
[2]
Editor's Note: Former Subsection B(2), Curb cuts, was repealed 6-15-2020 by Ord. No. 20-10. Ordinance No. 20-10 also renumbered former Subsection
B(3) through (5) as Subsection B(2) through (4), respectively.
(3)
Any emergency work as determined by the Village Administrator, Public Works Director, or designee, the Village Engineer or the Village Police Chief; however, a permit shall be obtained pursuant to § 305-30; or
(4)
Any work within a county or state right-of-way; however, permits
may be required from the county or state, respectively.
A.
Protection of traffic. The applicant shall install and maintain suitable
timber barriers to confine earth from trenches or other excavations
in order to encroach upon rights-of-way as little as possible. The
applicant shall construct and maintain adequate safe crossings over
excavations and across rights-of-way under improvement to accommodate
vehicular and pedestrian traffic at all street intersections. Vehicular
crossings shall be constructed and maintained of plank, timbers and
blocking of adequate size to accommodate vehicular traffic safely.
Decking shall not be less than four inches thick and shall be securely
fastened together with heavy wire and staples. Pedestrian crossings
shall consist of planking three inches thick, 12 inches wide and of
adequate length, together with necessary blocking. The walk shall
be not less than three feet in width and shall be provided with a
railing as required by the Village Public Works Director, or designee.
B.
Clearance for fire equipment and other emergency vehicles. The work
in the right-of-way shall be performed and conducted so as not to
interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment or
other emergency vehicles shall be kept free of piles of material or
other obstructions.
C.
Protection of watercourses. The applicant shall provide for the flow
of all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as he found them
or shall make such provisions for them as the Village Public Works
Director, or designee, may direct. The applicant shall not obstruct
the gutter of any street but shall use all proper measures to provide
for the free passage of surface water. The applicant shall make provisions
to take care of all surplus water, muck, silt, or other runoff pumped
from excavations or resulting from washing or cleaning or other operations
and shall be responsible for any damage resulting from his failure
to so provide.
D.
Sidewalk excavations. Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
over the excavation on the line of the sidewalk, which bridge shall
be at least three feet wide and securely railed on each side so that
foot passengers can pass over safely at all times.
E.
Protective measures. The applicant shall erect such fence, railing
or barriers around the site of the excavation work in order to prevent
danger to persons using the Village street or sidewalks, and such
protective barriers shall be maintained until the work shall be completed
or the danger removed. If work is not completed by the end of the
workday, any materials, structures or other obstructions or open excavations
shall be adequately covered, barricaded. In addition, sufficient lights
shall be provided during the night. No person shall remove or tear
down the fence, railing or other protective barriers or any lights
provided there for the protection of the public.
F.
Attractive nuisance. No applicant shall suffer or permit to remain
unguarded at the place of excavation or opening any machinery, equipment
or other device having the characteristics of an attractive nuisance
likely to attract children or which may be hazardous to their safety
or health.
G.
Care of excavated material. All material excavated from trenches
and piles adjacent to the trench or in any street shall be piled and
maintained in such manner as not to endanger those working in the
trench, pedestrians or users of the streets and so that as little
inconvenience as possible is caused to those using streets and adjoining
property. Where the confines of the area being excavated are too narrow
to permit the piling of excavated material beside the trench, the
Village Public Works Director, or designee, shall have the authority
to require that the applicant haul the excavated material to a storage
site and then rehaul it to the trench site at the time of backfilling.
It shall be the applicant's responsibility to secure the necessary
permission and make all necessary arrangements for all required storage
and disposal sites.
H.
Damage to existing improvements. Any damage done to existing public
or private improvements during the permitted work shall be repaired
by the applicant. Materials for such repair shall conform to the requirements
of any applicable Village code or ordinance. If, upon being ordered,
the applicant fails to furnish the necessary labor and materials for
such repairs, the Village Public Works Director, or designee, shall
have the authority to cause such necessary labor and materials to
be furnished by the Village, and the cost shall be charged against
the applicant.
I.
Cleanup operations. As the work progresses, all streets and private
properties shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from such work. All cleanup operations
at the location of such excavation shall be accomplished at the expense
of the applicant and shall be completed to the satisfaction of the
Village Public Works Director, or designee. From time to time, as
may be ordered by the Village Public Works Director, or designee,
and, in any event, immediately after completion of such work, the
applicant shall, at his own expense, clean up and remove all refuse
and unused materials of any kind resulting from such work, and upon
failure to do so within 24 hours after having been notified to do
so by the Village Public Works Director, or designee, such work may
be done by the Village Public Works Director, or designee, and the
cost thereof charged to the applicant.
J.
Breaking through pavement. Whenever it is necessary to break through
existing pavement for excavation purposes, or where trenches are to
be four feet or over in depth, the pavement in the base shall be removed
to at least six inches beyond the outer limits of the subgrade that
is to be disturbed in order to prevent settlement, and a six-inch
shoulder of undisturbed material shall be provided in each side of
the excavated trench. A face of the remaining pavement shall be approximately
vertical. A power-driven concrete saw shall be used so as to permit
complete breakage of concrete pavement or base without ragged edges.
Asphalt paving shall be scored or otherwise cut in a straight line.
No pile driver may be used in breaking up the pavement.
K.
Tunnels. Tunnels under pavement shall not be permitted except by
permission of the Village Public Works Director, or designee, and,
if permitted, shall be adequately supported by timbering and backfilling
under the direction of the Village Public Works Director, or designee.
L.
Backfilling. Backfilling in any street opened or excavated pursuant
to work in the right-of-way permit shall be compacted to a degree
equivalent to that of the undisturbed ground in which the trench was
dug. Compacting shall be done by mechanical tappers or vibrators,
by rolling in layers, or by water settling, as required by the soil
in question and sound engineering practices generally recognized in
the construction industry. The decision as to whether a trench shall
be backfilled by water settling shall be based upon such engineering
practices and shall be made by the Village Engineer. The use of public
water shall be paid for by the applicant on the terms agreed upon
with the Public Works Department.
(1)
Backfilling by water settling. When backfilling is done by water
settling, excavated materials above utility installations shall be
deposited uniformly in layers of not more than five feet in thickness
and shall be allowed to flow slowly to the trench from high spots
and shall be worked down to the full depth of the layer of backfill
with bars. All bars used shall be long enough to extend entirely through
the layer being filled and shall be forced down through the loose
backfill material. As the bars are withdrawn, the water shall be allowed
to flow downward around the bar. The channel or hole formed by the
bar shall be kept open and the water kept running into it until the
fill has settled. All work shall be done in such manner as to obtain
a relative compaction through the entire depth of the backfill of
not less than that existing adjacent to the excavation.
(2)
Dry backfilling. Backfilling up to the first 18 inches above the
top of the utility pipes or similar installations shall be done with
thin layers. Each layer is to be tamped by manual or mechanical means.
Layers that are hand tamped shall not exceed four inches in thickness.
Layers that are power tamped shall not exceed six inches in thickness.
The same requirements shall apply to the remainder of the backfilling
if tamping is the method used for backfilling. Backfilling of all
pipes of over 24 inches in diameter shall be carried up to the spring
line of the pipe in three-inch layers, with each layer moistened and
thoroughly tamped with suitable mechanical equipment. The backfill
around all pipes 24 inches or less in diameter shall be flooded or
tamped as specified above to a depth of 18 inches above the top of
the pipe before any additional backfilling is placed thereon.
(3)
Backfill material. Whenever any excavation for the laying of pipe
is made through rock, the pipe shall be laid six inches above the
rock bottom of the trench, and the space under, around and six inches
above the pipe shall be backfilled with clean river sand, noncorrosive
soil or one-fourth-inch minus gravel. Broken pavement, large stones,
and debris shall not be used in the backfill.
(4)
Backfilling at the surface. Backfilling shall be completed by placing
the backfill material well up over the top of the trench. For dry
backfilling, the material shall be compacted with a roller of an approved
type or with the rear of a truck carrying at least five tons until
the surface is unyielding. The surface shall then be graded as required.
M.
Restoration of surface.
(1)
The applicant shall restore the surface of all streets broken into
or damaged as a result of the excavation work to its original condition
in accordance with the specifications of the Village Public Works
Director, or designee.
(2)
The applicant may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the pavement is to be replaced
before the opening of the cut to traffic, the fill above the bottom
of the paving slab shall be made with suitable material well tamped
into place and this shall be topped with a minimum of at least one
inch of bituminous mixture which is suitable to maintain the opening
in good condition until permanent restoration can be made. The crown
of the temporary restoration shall not exceed one inch above the adjoining
pavement. The applicant shall exercise special care in making such
temporary restorations and must maintain such restorations in safe
traveling condition until such time as permanent restorations are
made. The asphalt which is used shall be in accordance with the specifications
of the Village Public Works Director, or designee.
(3)
If, in the judgment of the Village Public Works Director, or designee,
it is not expedient to replace the pavement over any cut or excavation
made in the street upon completion of the work allowed under such
permit by reason of the looseness of the earth or weather conditions,
the applicant shall lay a temporary pavement of wood or other suitable
material designated by him over such cut or excavation to remain until
such time as the repair of the original pavement may be properly made.
(4)
Permanent restoration of the street shall be made by the applicant
in strict accordance with the specifications prescribed by the Village
Public Works Director, or designee, to restore the street to its original
and proper condition or as determined by the Village Public Works
Director, or designee.
N.
Preservation of monuments. The applicant shall not disturb any surface
monuments or hubs found on the line of excavation work until ordered
to do so by the Village Public Works Director, or designee.
O.
Trenches. Except by special permission from the Village Public Works
Director, or designee, no trench shall be excavated more than 250
feet in advance of pipelaying nor left unfilled more than 500 feet
where pipe has been laid. The length of the trench that may be opened
at any one time shall not be greater than the length of pipe and the
necessary accessories which are available at the site ready to be
put in place. Trenches shall be braced and sheathed according to generally
accepted safety standards for construction work as prescribed by the
Village Public Works Director, or designee. No timber bracing, lagging,
sheathing or other lumber shall be left in any trench.
P.
Noise, dust and debris. Each applicant shall conduct and carry out
the excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The applicant shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work any noise,
dust and unsightly debris, and between 10:00 p.m. and 7:00 a.m. no
excavation work shall be done, except by express written permission
of the Village Public Works Director, or designee, or in case of an
emergency as herein otherwise provided, with any tool, appliance or
equipment producing noise of sufficient volume to disturb the sleep
or repose of occupants of the neighboring property.
No person shall commence any work in a Village right-of-way,
as defined in this chapter, without first submitting a work in the
right-of-way application together with the required application materials
for review, paying the required permit fee and receiving a work in
the right-of-way permit from the Village Public Works Director, or
designee.
A.
Content of a work in the right-of-way permit application shall include,
at a minimum:
(1)
The name and address of the applicant;
(2)
The nature, location and purpose of the proposed work in the Village
right-of-way;
(3)
The date of commencement and date of completion, and other data as
may reasonably be required by the Village Public Works Director, or
designee;
(4)
Plans showing the extent of the proposed work, including the location
of adjacent property lines and limits of any easements;
(5)
Any proposed lane closures or detours;
(6)
Any additional information as requested by the Village Public Works
Director, or designee; and
(7)
A liability insurance policy or certificate of insurance issued by
an insurance company authorized to do business in the state shall
be filed with the Village. The policy shall insure the person performing
acts described in this section and the Village, listed as an additional
insured party, in the sum of at least $1,000,000 for injury to one
person and $1,000,000 for one accident and at least $1,000,000 property
damage or in such other amounts as the Board shall determine. The
policy shall be kept in effect until the termination of a permit granted
pursuant to this section.
B.
Review of a work in the right-of-way permit and application materials.
If the Village Public Works Director, or designee, determines that
the work in the right-of-way permit application or plan is lacking
the necessary information or is not in compliance with this chapter,
the applicant shall be notified of the inadequacy. Within 10 business
days of the receipt of the work in the right-of-way application, the
Village shall review the application to determine whether the requirements
of this chapter are met.
(1)
If the application materials comply with this chapter, the Village
Public Works Director, or designee, shall approve the application,
inform the applicant of any conditions of approval and issue the work
in the right-of-way permit.
(2)
If the application materials are incomplete or do not comply with
this chapter, the Village shall inform the applicant that further
information is required. Upon receipt of the additional information,
the Village shall again determine whether the work in the right-of-way
plan meets the requirements of this chapter. If the application is
still not approved, the Village shall inform the applicant in writing
of the reasons for the denial.
C.
Permits.
(1)
Duration. Permits shall be valid for a period of 30 days or the length
of a building permit or other construction activity authorized by
the Village, whichever is longer, from the date of issuance. The Village
Public Works Director, or designee, may extend the period one or more
times for up to an additional 90 days, at no additional cost. The
Village may require additional conditions to be satisfied, as a condition
of the extension, if they are necessary to meet the requirements of
this chapter.
(2)
Permit conditions. The Village Public Works Director, or designee,
may place reasonable conditions on said permit to ensure compliance
with this chapter and all other applicable federal, state and Village
laws and regulations, including the standard provisions as provided
listed below.
(a)
Traffic shall be allowed to pass and to be protected at all
times. If it is not possible to allow traffic to pass, a detour must
be preapproved by the Public Works Department. Notification must be
three working days prior to commencement.
(b)
Traffic control devices shall be in accordance to the most current
MUTCD "Field Manual." When a trail or roadway/driveway has been cut,
appropriate signage must be kept in place and maintained until restoration
is complete.
(c)
Notification shall be provided to the Village Fire & Rescue
and Police Departments 24 hours prior to the commencement of construction,
upon the morning of construction and when construction has been completed
for any fire hydrants that will be obstructed during the construction.
(d)
Excavations shall be shored or sheeted, as required by OSHA,
when necessary, to prevent the undermining of roadways, trailways,
utilities, or for safety reasons. The stockpiling of excavated material
shall not occur within the public right-of-way without proper traffic
control.
(e)
Guy wires shall be freestanding and not be attached to any public
or private appurtenances without written permission from the owner.
(f)
Flaggers and/or warning lights at night shall be furnished by
the applicant whenever the work being done creates a hazard either
to the traffic using roadway or the personnel engaged in the construction
or when directed to do so by the Public Works Department.
(g)
The applicant shall replace any destroyed property monument
corners with the services of a Wisconsin-licensed registered land
surveyor.
(h)
The general provisions, specifications and Standard Plate #360
shall be considered as forming an integral part of each and every
permit issued for operations within the Village. Installation, placement,
location, and relocation of equipment and facilities shall comply
with all federal, state, county, and local laws. The work shall be
done at such time and in such manner as shall be consistent with the
safety of the public and shall conform to all requirements and standards
of the Village. If at any time it shall be found by the Village that
the work is not being or has not been properly performed, the applicant,
upon being notified by the Village, shall immediately take the necessary
steps, at his own expense, to place the work in condition to conform
to said requirements or standards.
[1]
Public right-of-way alignments and grades shall be maintained,
unless otherwise authorized by the Village.
[2]
Unless otherwise approved by the Village, fiber optic facilities
that cross Village utilities shall be buried in a solid ductile iron
pipe no less than five feet on either side of the crossing. The exact
horizontal and vertical location of the casing pipe shall be recorded
on the "as-built" drawing of the construction plans; copper cable
facilities below concrete or bituminous paved roadway surfaces shall
be buried no less than three feet deep and no more than four feet
deep, and all other copper cable facilities shall be buried no less
than 30 inches deep.
[3]
All underground facilities that cross streets or hard-surfaced
driveways shall be bored. Natural gas lines do not need to be installed
in conduit.
[4]
When utilizing trenchless installation methods to cross an area
in which a Village utility is located or when directed by the Public
Works Department, the applicant shall excavate an observation hole
over the Village utility to ensure that the Village utility is not
damaged.
[5]
If the project work involves open cut, the applicant shall install
visual tracers of either 10-gauge wire or tracer tape at 12 inches
over buried facilities. If other construction methods are used, substitute
location methods may be used upon approval by the Public Works Department.
[6]
During plowing or trenching of facilities, a warning tape shall
be placed at a depth of 12 inches above copper cables with over 200
pairs and all fiber facilities. A locating wire or conductive shield
shall be installed above buried telecommunications facilities, except
for dielectric cables.
[7]
Restoration of areas disturbed by facilities will include returning
the right-of-way to the same condition that existed before excavation.
The right-of-way user is responsible for all of its work done in the
public right-of-way, whether by employees, agents, or independent
contractors. All levels of restoration include compaction of the materials
in lifts placed in the excavation of the subgrade and aggregate base,
plus pavement replacement, in kind. Slurry shall be brought to bottom
of the gravel of the approved street section. Compaction shall be
accomplished with hand, pneumatic or vibrating compactors as appropriate.
Compaction testing may be required as determined by the Village. Restoration
of boulevards or parkways shall include a minimum or four inches of
topsoil and either sod or seed, mulch, and matting as approved by
Public Works Department.
[8]
All landscaped areas shall be replaced within two weeks of end
of project with a minimum of four inches of screened and pulverized
topsoil, seeded and covered with straw and mesh. Ditch lines need
to be replaced immediately with erosion control matting. Any other
landscaping damaged or excavated shall be replaced in kind.
[9]
All facilities shall be located so as to not interfere with
existing and potential future traffic signals and signs.
[10]
All aboveground appurtenances shall be located
no closer than 10 feet to Village hydrants, waterline valves, manholes,
lift stations or catch basins unless approved by the Village and shall
not be installed in front of or within visual sight lines of any Village
signs, monuments or amenities for facilities or parks. Minimum offsets
from sidewalks and trails shall be two feet unless approved by the
Village.
[11]
Underground facilities shall not be installed
between a hydrant and an auxiliary valve. Underground facilities shall
not be installed within five feet of hydrants, waterline valves, lift
stations, manholes or catch basins where utility easements exist beyond
the roadway surface area of the public right-of-way and space is available
therein. No utility shall be constructed within four feet of the center
line of a ditch. Where a road ditch exists, utilities will be installed
no closer than four feet outside the center line of the ditch.
[12]
The location and installation of telecommunications
facilities shall comply with the National Electrical Safety Code,
as incorporated by reference in the Wisconsin State Electrical Code,
Ch. PSC 114, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(i)
The applicant shall use diligence in the execution of the work
authorized under this permit in order not to endanger the public or
unnecessarily obstruct travel along any road or right-of-way. Operations
shall be so conducted as to permit safe and free travel over the roads
and trailways at all times within the limits of the work herein prescribed.
The applicant, at his own cost, shall provide all safety measures
for the free movement of traffic.
(j)
The applicant shall notify abutting property owners prior to
commencement of any project work that may disrupt the use of and access
to the abutting property.
(k)
All work under this permit shall be made in conformity with
all applicable laws, regulations, and codes covering said installations.
All installations shall be made in conformity with regulations of
governmental agencies for the protection of the public.
(l)
For all fiber installations, the applicant shall furnish a performance
and payment bond in the amount to be determined by the Village that
is required to ensure adequate and timely completion of repair. This
bond or financial guarantee shall remain in effect for two years (one
year for turf establishment) subsequent to completion of street repair
to protect the Village from defects in material, workmanship or noncompliance
with Village standards or specifications.
(m)
Except for the negligent acts of the Village, its agents and
its employees, the applicant shall assume all liability for and save
the Village, its agents and its employees, harmless and defend same
at its sole cost and expense from any and all claims for damages,
actions or causes of action arising out of the work to be done herein
and the continuing uses by the applicant, including but not limited
to the placing, constructing, and reconstructing, maintaining, protecting
and use of said facility under this application and permit for construction.
(n)
The utility facility and installations shall not interfere with
any existing utility facility in the Village's right-of-way or easements.
It is the responsibility of the applicant to call for timely, necessary
locations of existing utilities.
(o)
The right-of-way permit for construction as issued does not
in any way imply an easement or right to enter private property.
(p)
Finished surface, base and subbase of all disturbed surfaces
upon completion of work shall be at least equal to or better than
current Village specs for similar construction. New surfaces must
match existing roads or trailways. Hard surfaces shall be replaced
within 48 hours upon completion of slurry backfill.
(q)
Unless specifically permitted, the issuance of a work in the
right-of-way permit does not grant the applicant the right to cut,
remove, or destroy trees or shrubbery within the legal limits of the
right-of-way or easements that are not specifically identified on
the plan attached to this permit or relieve the applicant from obtaining
any consent otherwise required from the owner of the property adjacent
thereto. The applicant shall protect the root growth of significant
trees and shrubbery within the public right-of-way adjacent thereto.
(r)
All waterways and overland drainage shall remain operative during
the performance of the work. Proper erosion control shall be established
and maintained throughout the construction and restoration. No silted
construction water shall be discharged to either the street or to
any storm sewer system. No excavation spoils shall be stored in any
ditch, swale or other drainageway that may impede or alter the flow
of stormwater.
(s)
No groundwater from construction shall be diverted to any sanitary
sewers.
(t)
Pole anchors, anchors, braces or other construction may be permitted
within right-of-way or easements and must be approved on a case-by-case
basis.
(v)
Vehicles or equipment traversing roads or sidewalk surfaces
shall not utilize studded or chained tires, caterpillar traction,
or any other form of traction that will result in damage to the surface.
The applicant shall be subject to municipal citations in the event
that traction or chained tire equipment has been used on public roadways,
curb and gutters, or sidewalks. In addition, the applicant shall be
responsible for the restoration of the surface and base course of
any streets, curb and gutter, and/or sidewalks damaged during excavation
activities to the satisfaction of the Public Works Department.
(w)
Streets and trailways shall be broomed and debris removed at
the end of each workday, and affected rights-of-ways shall be broomed
and debris removed after construction is completed and left in a neat
and presentable condition. Any sediment or debris from improvement
shall be removed from sanitary or storm sewer systems, including drainage
swales and ponds, as needed. Public Works Department crews will broom
and remove any debris not broomed and removed by the applicant at
the expense of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(x)
Burning operations and/or the use of chemicals to control or
destroy trees, brush and other vegetation is prohibited without prior
approval from the Fire & Rescue Department.
(y)
Wherever topsoil and sod are disturbed, they shall be replaced
and maintained satisfactorily until the turf is established. Any turf
that fails to be established shall be replaced and satisfactorily
reestablished. Restoration of boulevards, parkways, and terraces shall
include a minimum of four inches of topsoil and sod or seed, mulch
and matting.
(z)
The following conditions apply to bituminous street and trailway
restoration:
[1]
Curb and gutter shall be removed only after saw cutting at existing,
nearest joints and replaced according to specifications or Standard
Plate.
[2]
Bituminous pavement area shall be removed only after saw cut.
Any damaged edges shall be saw cut prior to patching.
[3]
Sod shall be removed in boulevards and parkways and shall be
replaced with minimum four inches of topsoil and cultured highland
(nonpeat) sod.
[4]
Hot mix asphalt courses shall be replaced in kind from May 1
until asphalt plants close in the fall. Four inches of concrete shall
be used temporarily when asphalt plants are not open.
[5]
All road markings shall be replaced no later than one week after
asphalt patching.
[6]
Backfill for all road crossings or right-of-way openings shall
be slurry. Slurry shall be replaced to the edge of the existing shoulder.
[7]
Roadway closures in accordance with Appendix B, Traffic Control
for Street or Highway Work Zones, MUTCD.
[8]
Compaction in any trench or hole outside of any hard surface
shall be 95% of Standard Proctor.
(aa)
Any person who does not conform to the standard provisions specified
above and any other conditions of the work in the right-of-way permit
will not be approved for future permits until all standard provisions
are complete.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(bb)
A copy of the work in the right-of-way permit and approved plans
(including approved detour plans) shall be kept on the work site while
it is in progress and in the custody of the individual in charge and
shall be presented upon request made by any Village official.
(cc)
Any contractors or subcontractors performing work in the right-of-way
shall be prequalified by the Village.
(dd)
No person shall excavate or obstruct the public right-of-way
after the date specified in the permit, unless the person obtains
a new permit or signed permit extension before the expiration of the
original permit. The permit is valid only for the area of the public
right-of-way specified in the permit; no applicant shall do any work
outside the area specified in the permit, unless approved by the Public
Works Department.
(ee)
If the obstruction or excavation of the public right-of-way
begins later or ends sooner than the dates specified in the permit,
the applicant shall promptly notify the Public Works Department.
(ff)
The applicant is responsible for to coordinate project work
and installation of facilities in co-locations with other public right-of-way
users.
(gg)
The applicant shall be responsible for any damage caused to
any highways by the operation of his equipment.
D.
Upon approval of the permit application, the applicant shall be issued
a written permit with any applicable conditions. The permit shall
be issued and the required fee as specified in this article shall
be paid to the Village.
The permit fee is $150, except that a bulk work in the right-of-way
permit may be obtained for utilities such as gas, electric and telephone
for short extensions under 300 feet, individual residential services,
for $150 per year and $30 for each job. However, said utilities shall
pay a permit fee of $150 for any proposed open cutting of the road
or for establishing service for a new subdivision or commercial project.
The applicant shall prosecute with diligence and expedition
all work covered by the work in the right-of-way permit and shall
promptly complete such work and restore the right-of-way to its original
condition, or as near as may be, as soon as practicable and in any
event no later than the date specified in the permit.
If the safety or convenience of the traveling public or the
public interest requires that the work be performed as emergency work,
the Village Public Works Director, or designee, shall have full power
to order, at the time the permit is granted, that a crew and adequate
facilities be employed by the applicant 24 hours a day to the end
that such work may be completed as soon as possible.
In the event of any emergency in which a sewer, main, conduit
or utility in or under any right-of-way breaks, bursts or otherwise
is in such condition as to immediately endanger the property, life,
health or safety of any individual, the person owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining a work in the right-of-way permit, shall immediately take
proper emergency measures to cure or remedy the dangerous conditions
for the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for the required work in the right-of-way permit not later than the
end of the next business day and shall not proceed with permanent
repairs without first obtaining an excavation permit hereunder.
A.
The Village Public Works Director, or designee, shall make inspections
as are reasonably necessary in the enforcement of this article.
B.
The Village Public Works Director, or designee, shall have the authority
to promulgate and cause to be enforced such rules and regulations
as may be reasonably necessary to enforce and carry out the intent
of this article.
C.
The presence of the Village Public Works Director, or designee, during
the performance of any work shall not relieve the applicant of his
permit responsibilities.
D.
Acceptance or approval of any work by the Village Public Works Director,
or designee, shall not prevent the Village from asserting a claim
against the applicant for incomplete or defective work if discovered
within 24 months from the completion of the excavation work.
Users of subsurface street space shall maintain accurate drawings,
plans and profiles showing the location and character of all underground
structures, including abandoned installations. Corrected maps shall
be filed with the Village Public Works Director, or designee, within
60 days after new installations, changes or replacements are made.
A.
Whenever the Village Board enacts any ordinance or resolution providing
for the paving or repaving of any street, the Village Public Works
Director, or designee, shall promptly mail a written notice thereof
to each person owning any sewer, main, conduit or other utility in
or under such street or any real property, whether improved or unimproved,
abutting such street. Such notice shall notify such persons that no
excavation permit shall be issued for openings, cuts or excavations
in such street for a period of five years after the date of enactment
of such ordinance or resolution. Such notice shall also notify such
persons that applications for excavation permits for work to be done
prior to such paving or repaving shall be submitted promptly in order
that the work covered by the excavation permit may be completed not
later than 45 days from the date of enactment of such ordinance or
resolution. The Village Public Works Director, or designee, shall
also promptly mail copies of such notice to the occupants of all houses,
buildings and other structures abutting such street for their information
and to state agencies and Village departments or other persons that
may desire to perform excavation work in such Village street.
B.
Within 45 days, every public utility company receiving notice as
prescribed herein shall perform such excavation work, subject to the
provisions of this article, as may be necessary to install or repair
sewers, mains, conduits or other utility installations. If any owner
of real property abutting such street fails within 45 days to perform
such excavation work as may be required to install or repair utility
service lines or service connections to the property lines, any and
all rights of such owner or his successors in interest to make openings,
cuts or excavations in such street shall be forfeited for a period
of five years from the date of enactment of such ordinance or resolution.
During such five-year period, no excavation permit shall be issued
to open, cut or excavate in such street unless, in the judgment of
the Village Public Works Director or designee, an emergency as described
in this article exists which makes it absolutely essential that the
excavation permit be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Every Village department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
such street is directed to take appropriate measures to perform such
excavation work within the forty-five-day period so as to avoid the
necessity of making any openings, cuts or excavations in the new pavement
in such street during such five-year period.
A.
Stop-work order.
(2)
Stop-work order retraction. The Village Public Works Director, or
designee, may retract the stop-work order or the revocation.
(3)
After posting a stop-work order, the Village Public Works Director,
or designee, may issue a notice of intent to the applicant of the
Village's intent to perform work necessary to comply with this article.
The Village may go on the land and commence the work after 14 days
from issuing the notice of intent.
B.
Permit revocation. If any person or the applicant does not cease
the activity or comply with the permit conditions within a reasonable
time, the Village Public Works Director, or designee, may revoke the
permit.
C.
Cease and desist order. If the person, where no permit has been issued,
does not cease the activity immediately, the Village Public Works
Director, or designee, may request the Village Attorney to obtain
a cease and desist order.
D.
If any action of the applicant or any person is likely to result
in damage to private properties, public facilities, or may cause harm
to the public, the Village Public Work Director, or designee, may
take emergency actions necessary to prevent such damage or harm.
E.
The applicant is responsible for any costs incurred by the Village
to bring the right-of-way or property into compliance with any orders.
The Village shall mail an invoice for any such work to the applicant.
All invoices shall be paid within 30 days. There is a penalty of 1.5%
per month on the unpaid invoice balance, and there is an additional
10% penalty if the outstanding invoice, interest and penalty will
be placed on the tax roll (a lien against the property). The right
of the Village to assess a lien against the property shall be one
of the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a monetary judgment for any invoices
which are past due.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Forfeitures. Any person violating any of the provisions of this article
shall be subject to a forfeiture of not less than $50 nor more than
$1,000 and the costs of prosecution for each violation. Each day a
violation exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Other provisions of enforcement. Compliance with the provisions of
this article may also be enforced by injunction, uniform citation
procedure or other appropriate and available remedy. It shall not
be necessary to prosecute for forfeiture or a cease and desist order
before resorting to injunction proceedings.
This article shall not be construed as imposing upon the Village
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the Village
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any work.
