[Adopted as Secs. 6-3-1 and 6-3-2 of the 1996 Code]
A.
Permit required.
(1)
No person, partnership, utility or corporation, or their agents or
employees or contractors shall make or cause to be made any opening
or excavation in any public street, public road, public alley, public
way, public ground, public sidewalk or Town-owned easement or fill
or alter any culvert or construct or install additions or extensions
to its existing facilities within the Town of Koshkonong without a
permit therefor from the Town Chairperson or Clerk, Town Board, or
their designee. Such permit shall be valid for one month.
(2)
The utility or contractor shall submit to the Town a written request for a utility construction/street excavation permit and a plan of the proposed alteration, extension or addition, showing its location and details of construction, including specified depth, method of excavation, open out or auguring, provisions of restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit the utility or contractor agrees to be bound by the regulations of this section and § 478-15.
C.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Town satisfactory written evidence
that applicant has in force and will maintain during the time the
permit is in effect public liability insurance of not less than $1,000,000
per one person, $1,000,000 for one accident and property damage coverage
of not less than $1,000,000.
D.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement in that he will
indemnify and save harmless the Town of Koshkonong and its officers
from all liability for accidents and damage caused by any of the work
covered by his permit, and that he will fill up and place in good
and safe condition all excavations and openings made in the street,
and will replace and restore the pavement over any opening he/she
may make as near as can be to the state and condition in which he/she
found it, and keep and maintain the same in such condition, normal
wear and tear excepted, to the satisfaction of the Town Board for
a period of one year, and that he/she will pay all fines imposed upon
him for any violation of any rule, regulation or ordinance governing
street openings or drainlaying adopted by the Town Board and will
repair any damage done to existing improvements during the progress
of the excavation in accordance with the ordinances, rules and regulations
of the Town. Such statement shall also guarantee that if the Town
shall elect to make the street repair, the person opening the street
will pay all costs of making such repair and of maintaining the same
for one year.
(2)
In addition to the aforesaid statement required under Subsection D(1) hereof, the applicant shall also file with the Town Clerk, prior to the issuance of the permit, a surety bond naming the Town as the obligee, in such amount as the Town Board may reasonably determine to cover the cost of the proposed work, in order to insure the performance of the aforesaid obligations of the permit holder. Upon completion of the excavation, the restoration of the street or public way and the acceptance of the work by the Town Board, the amount of such surety bond shall be reduced to $1,000 during the one year guarantee period provided for above.
(3)
Whenever the Town Board shall find that any such work has become
defective within one year of the date of completion, it shall give
written notice thereof to the contractor or to his surety stating
the defect, the work to be done, the cost thereof and the period of
time deemed by the Town Board to be reasonably necessary to complete
said work. After receipt of such notice, the contractor or the surety
must, within the time specified, repair the defect or indemnify the
Town for the cost of doing the work as set forth in the notice.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted when the ground is frozen except where it
is deemed necessary by the Town Chairperson or Town Clerk, or their
designee.
B.
Removal of paving. In any opening or excavation, all paving materials
shall be removed with the least possible loss of or injury to surfacing
materials and together with the excavated materials from the opening
shall be placed so as to cause the least practicable inconvenience
to the public and permit free flow of water along gutters.
C.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers.
Sufficient warning lights shall be kept on from sunset to sunrise.
Such lights shall be spaced so as to give adequate warning of the
existence of the opening and of piled excavated materials. Except
by special permission from the Town, no trench shall be excavated
more than 250 feet in advance of pipe or conduit laying nor left unfilled
more than 500 feet where pipe or conduit has been laid.
[Amended 3-13-2019 by Ord. No. 1]
(2)
All necessary precautions shall be taken to guard the public effectively
from accidents or damage to persons or property through the period
of the work. Each person making such opening shall be held liable
for all damages, including costs incurred by the Town in defending
any action brought against it for damages, as well as cost of any
appeal, that may result from the neglect by such person or his employees
of any necessary precaution against injury or damage to persons, vehicles
or property of any kind.
D.
Replacing street surface. In opening any public street, public alley,
public sidewalk, public way, public easement or public ground, the
paving materials, sand, gravel and earth or other material moved or
penetrated and all surface monuments or hubs must be removed and replaced
as nearly as possible in their original condition or position and
the same relation to the remainder as before. Any excavated material
which, in the opinion of the Town, is not suitable for refilling shall
be replaced with approved backfill material. All rubbish shall be
immediately removed. In refilling the opening, the earth must be laid
in layers not more than six inches in depth and each layer mechanically
rammed or tamped to prevent after-settling. When the sides of the
trench will not stand perpendicular, sheathing and braces must be
used to prevent caving. No timber, bracing, lagging, sheathing or
other lumber shall be left in any trench. Trenches shall be compacted
to 95% Modified Proctor, with test results certified by the contractor
and filed with the Town Engineer. The Town may elect to have the opening
for any street or sidewalk repaired by the Town, in which case the
cost of making such repair and of maintaining it for one year shall
be charged to the person making the street opening.
E.
Notice. It shall be the duty of the permittee to notify the Town
Chairperson and/or Town Clerk, or the Town Engineer when requested
by the Town, and all private individuals, firms and corporations affected
by the work to be done at least 24 hours before such work is to commence.
The Clerk and/or Chairperson, or the Town Engineer when requested
by the Town, shall also be notified at least four hours prior to backfilling
and/or restoring the surface.
F.
Validity of permit. Unless the work shall be commenced within 30
days of the issuance of the permit, the permit shall be void, and
a new permit must be obtained and an additional fee charged. The Town
may extend the time limitation for good cause. The utility or contractor
shall have present at the site of construction and during the restoration
period a copy of the construction plans and Town permit.
G.
Backfilling. Reconstruction shall be in accordance with the current
cross-section or according to Town standards, whichever is stricter.
If the surface is not restored as required, the Town may restore the
surface and bill the permittee therefor; the Town shall perform such
work and bill the cost thereof to the permittee.
H.
Emergency excavation. In the event of an emergency, any person, firm
or corporation, owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley easement,
way or ground and his agents and employees may take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day.
I.
Excavation in new streets limited. Whenever the Town Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Town Board, the Town Engineer shall notify in
writing each person, utility, Town department or other agency owning
or controlling any sewer, water main, conduit or other utility in
or under said street or any real property abutting said street, that
all such excavation work in such street must be completed within 90
days. After such permanent improvement or repaving, no permit shall
be issued to open or excavate said street for a period of five years
after the date of improvement or repaving unless, in the opinion of
the Town Board, an emergency exists which makes it absolutely essential
that the permit be issued.
