A.
No person shall make any opening in any street, alley, sidewalk,
or any public right-of-way within the Village without first obtaining
a permit from the Village pursuant to this chapter. A copy of any
permit issued under this chapter shall be made available at all times
by the permittee at the respective work site and shall be made available
for inspection by Village officials or employees upon request.
B.
Application for a permit shall be made on a form supplied by the
Village Administrator and shall be submitted to the Public Works and
Utility Director. The application shall include and will only be considered
complete upon compliance with the following requirements:
(1)
Registration with the Village as required by this chapter.
(2)
Submission of a completed permit application form, including all
required attachments, and scaled drawings showing the location and
area of the proposed project and the location of all existing and
proposed facilities that are part of applicant's proposed project.
(3)
Payment of all money due to the Village for:
(a)
Applicable permit fees, costs, and forfeitures for previous
violations as set forth in this chapter;
(b)
Any unpaid fees or costs due for prior excavations; or
(c)
Any loss, damage, or expense suffered by the Village because
of the applicant's prior excavations of the rights-of-way, including
any emergency actions taken by the Village to remedy or mitigate such
loss, damage, or expense.
(4)
Post bond in an amount determined by the Village Administrator based
on the level of excavation to be done, with a minimum required amount
of $1,000 and a maximum amount of $10,000.
C.
The Village shall approve or deny a permit application no later than
60 days after receipt of the application, pursuant to § 182.017(9),
Wis. Stats. If the Village fails to do so, the Village shall be considered
to have approved the application and granted the permit. If a Village
denies a permit application, the Village shall provide the applicant
a written explanation of the reasons for the denial at the time that
the Village denies the application.
D.
Excavation permits shall be void 45 days after issuance unless the
work has commenced.
A.
The Village Board shall annually establish the excavation permit
fee in an amount sufficient to recover the costs incurred by the Village
in the Village's Fee Schedule. This fee shall recover administrative
and inspection costs, as well as a portion of degradation costs. Payment
of said fees shall be collected prior to issuance of the permit; however,
the Village may establish a fee collection process from governmental
agencies and private utilities in order to expedite the permitting
system and recognize that certain excavations are deemed emergencies.
B.
For projects that will include a substantial undertaking of excavation
within the public right-of-way and will, in the discretion of the
Village Administrator and Public Works and Utility Director, pose
a significant disruption of traffic and to the general public such
that additional Village resources will be required to oversee the
excavation, the Village reserves the right to assess the actual costs
of the Village Engineer or other Village personnel's time engaged
in the review and inspection of the anticipated work in addition to
the standard excavation permit fee.
C.
Permit fees shall not be waived unless the work involved is a direct
result of the Village Engineer's demand that facilities owned
by a utility be removed or relocated.
D.
The Village and its contractors shall not be required to pay excavation
permit fees due to general government functions.
E.
Permit fees paid for a permit that the Village later revokes are
not refundable.
A.
In the event of an emergency, each registrant shall immediately notify
the Village by verbal notice on an emergency phone number provided
by the Village of any event regarding its facilities that it considers
to be an emergency. The registrant 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 shall apply for an excavation permit not later than
the end of the next succeeding business day after the occurrence of
the emergency and otherwise fully comply with the requirements of
this chapter.
B.
If the Village becomes aware of any emergency regarding a registrant's
facilities, the Village may attempt to contact the local representative
of each registrant affected, or potentially affected, by the emergency.
The Village may take whatever action it deems necessary to protect
the public safety as a result of the emergency, the cost of which
shall be borne by the registrant whose facilities occasioned the emergency.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted between November 15 and March 1 except where
it is determined by the Public Works and Utility Director to be an
emergency excavation.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers,
signs and such other traffic control devices as may be required by
the Public Works and Utility Director and in accordance with Section
VI of the Manual of Uniform Traffic Control Devices. All machinery
and equipment shall be locked or otherwise effectively safeguarded
from unauthorized use when not being used by the permittee, his agents
or employees. Except by special permission from the Public Works and
Utility Director, no trench shall be excavated more than 150 feet
in advance of pipe or conduit laying nor left unfilled more than 300
feet from where pipe or conduit has been laid.
(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 Village in defending
any action brought against it for damages, as well as costs of any
appeal, that may result from the neglect by such person or his/her
employees of any necessary precaution against injury or damage to
persons, vehicles or property of any kind.
(3)
Unless otherwise approved, a minimum of one lane of traffic in each
direction shall be provided. Every effort shall be made on the part
of the permittee to provide reasonable access to all properties adjacent
to his/her project. In the event traffic is limited to less than one
lane in each direction, a flagman or temporary traffic control signal
shall be provided so as to safely cycle traffic in each direction
past the work area.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Public Works and Utility Director 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in § 281-22.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified, in writing or by personal contact, at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in § 281-22.
C.
Pavement removal.
(1)
Removal of existing pavement shall be to neat, straight lines. The
permittee shall make a final saw cut in the existing pavement after
backfilling. Excavations shall be kept to the minimum possible and
acceptable for the convenience and safe performance of the permittee's
work and in accordance with all applicable codes and regulations.
(2)
If the pavement is damaged during excavation beyond the original
saw cut lines, it shall be saw cut again along neat, straight lines.
The finished saw cut shall leave a regular rectangular section for
pavement replacement. Should the street opening occur within, adjacent
or close to an existing patch or require more than one opening within
a short distance, the permittee shall identify and locate the existing
patches or additional openings on the permit application form. The
Public Works and Utility Director shall, on the basis of an on-site
inspection, approximate the boundaries of the pavement replacement
area.
(3)
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimensions parallel with the curbline
or the direction of travel. Pavement replacement areas in concrete
pavements shall be parallel with or at right angles to the direction
of travel.
(4)
The Public Works and Utility Director may order the permittee to
remove and replace up to one full lane width of pavement along the
patched or excavated area. Special care shall be taken with concrete
pavement to produce a vertical face on the existing concrete at the
point of the saw cut to ensure a full depth of concrete at the joint.
D.
Excavation.
(1)
Prior to starting excavation work, the contractor shall first contact
the Diggers Hotline to determine the location of underground facilities.
(2)
All excavated material shall be piled in a manner such that pedestrian
and motor traffic is not unnecessarily disrupted. Gutters shall be
kept clear or other satisfactory provisions made for street drainage,
and natural watercourses shall not be obstructed.
(3)
Excavated material to be used for backfilling of the trench must
be so handled and placed as to be of as little inconvenience as practical
to public travel and adjoining tenants.
E.
Backfilling.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic matter, boulders, rocks or stones greater than
eight inches in their greatest dimension, frozen lumps or other material
which, in the opinion of the Public Works and Utility Director, is
unsuitable.
(2)
In refilling the excavation, if there is not sufficient material
excavated suitable for refilling, the deficiency shall be made up
with trucked-in material, approved prior to use by the Public Works
and Utility Director.
(3)
Wherever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to
have the various utilities located and mark their facilities prior
to excavation.
(4)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (12 inches maximum) shall be uniformly compacted
to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM-1557). Compaction or consolidation
by flooding shall not be permitted.
(5)
All excavations shall be subject to testing by the Village. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(6)
When the sides of the trench will not be standard perpendicular,
sheathing and braces shall be used to prevent caving. No timber, bracing,
lagging, sheathing or other lumber shall be left in any trench. At
no time shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Public
Works and Utility Director and all public and private individuals,
firms and corporations affected by the work to be done at least one
business day before such work is to commence. The Public Works and
Utility Director shall also be notified at least four hours prior
to backfilling and/or restoring the surface and again upon completion
of the work.
G.
Pavement replacement.
(1)
Backfill material shall be left below the original surface to allow
for 12 inches of three-inch crushed stone and four inches of three-quarter-inch
crushed stone, plus the thickness of the required pavement structure.
If paving will not occur as part of the initial street restoration
operation, the balance of the opening to the original surface elevation
shall be backfilled with compacted three-quarter-inch crushed stone.
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement or 3 1/2 inches, whichever is greater. Bituminous pavement
shall be placed in a maximum of a two-inch base layer and a top layer
of 1 1/2 inches, with each layer compacted to maximum density,
and shall consist of Wisconsin Department of Transportation Pavement
Type E-1. The finished surface shall be smooth and free of surface
irregularities and shall match the existing pavement and any castings
or street appurtenances. Allowable deviations shall be no more than
1/4 inch as measured with a ten-foot straight edge.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent spalling at the saw-cut
edge. The surface shall be evenly and completely sealed with a white-pigmented
curing compound. The surface shall be protected from traffic for a
minimum of three days. Tie bars shall be installed as directed by
the Public Works and Utility Director.
(4)
In emergency excavations during winter months when it is not possible
to replace the removed pavement with a like material, the excavation
shall be temporarily resurfaced with a minimum of three inches of
cold mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1 except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
The permittee shall make the work site available to the Public
Works and Utility Director and his or her designees and to all others
as authorized by law for inspection at all reasonable times during
the execution of and upon completion of the work.
At the time of inspection, the Village may order the immediate
cessation of any work that poses a threat to the life, health, safety,
or welfare of the public. The Village may issue an order to the registrant
or permittee for any work that does not conform to the applicable
Village standards, conditions or codes. The order shall state that
failure to correct the violation will be cause for revocation of the
permit. Within 10 days after issuance of the order, the registrant
or permittee shall present proof to the Public Works and Utility Director
that the violation has been corrected. If such proof has not been
presented within the required time, the Village may revoke the excavation
permit.
A.
The Village may refuse to issue a permit or may revoke, suspend,
or refuse to extend an existing permit if it finds any of the following
grounds:
(1)
The applicant or permittee is required to be registered and has not
done so;
(2)
Issuance of a permit for the requested date would interfere with
an exhibition, celebration, festival or other event;
(3)
Misrepresentation of any fact by the applicant or permittee;
(4)
Failure of the applicant or permittee to maintain required bonds
and/or insurance;
(5)
Failure of the applicant or permittee to complete work in a timely
manner;
(6)
The proposed activity is contrary to the public health, safety or
welfare;
(7)
The extent to which right-of-way space where the permit is sought
is unavailable as determined by the Engineer;
(8)
The competing demands for the particular space in the right-of-way;
(9)
The availability of other locations in the right-of-way or in other
rights-of-way for the facilities of the permittee or applicant;
(10)
The applicability of ordinances or other regulations of the
right-of-way that affect location of facilities in the right-of-way;
(11)
The condition and age of the right-of-way, and whether and when
it is scheduled for total or partial reconstruction; or
(12)
The applicant or permittee is otherwise not in full compliance
with the requirements of this chapter or state or federal law.
B.
Discretionary issuance. Despite the foregoing, the Village may issue
a permit where issuance is necessary to:
C.
Appeals. Any person aggrieved by a decision of the Village revoking,
suspending, refusing to issue or refusing to extend a permit may file
a request for review with the Village Board. A request for review
must be filed within 10 days of the decision. Following a hearing,
the board may affirm, reverse, or modify the decision.
The permittee expressly acknowledges and agrees, by acceptance
of the permit, to indemnify, defend, and hold harmless the Village,
its officers, boards, committees, commissions, elected officials,
employees, and agents, from and against all loss or expense (including
liability costs and attorney's fees) by reason of any claim or
suit, or of liability imposed by law upon the Village of its agents
or employees for damages because of bodily injury, including death
at any time resulting therefrom, sustained by any person or persons
or on account of damages to property, including loss of use thereof,
arising from, in connection with, caused by or resulting from the
permittee's acts or omissions in the exercise of its rights under
this permit, whether caused by or contributed to by the Village or
its agents or employees.
