[Adopted as Sec. 4.02 of the prior Code]
A.
No person, partnership, utility or corporation, or their agents or
employees or contractors shall make or cause alteration, extension
or addition within the road rights-of-way without a permit issued
by the Director of Public Works.
[Amended 4-16-2020 by Ord. No. 20-05]
B.
An application for the permit shall be submitted to the Director
of Public Works with a written plan of the proposed alteration, extension
or addition, showing its location and details of construction, including
specified depth, method of auguring, provisions of restoration and
whatever the Town would deem necessary for review and consideration.
The Director of Public Works shall approve or deny a permit application
within 60 days of receipt of the application. If a permit application
is denied, the Director of Public Works shall provide the applicant
with a written explanation of the reasons for denial.
[Amended 4-16-2020 by Ord. No. 20-05]
C.
No openings in the roads, sidewalks or public ways shall be permitted
when the ground is frozen except where it is deemed necessary by the
Director of Public Works.
[Amended 4-16-2020 by Ord. No. 20-05]
D.
In any opening or excavation, all paving or ballasting 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 in the rights-of-way.
E.
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 piled excavated materials. No open flame
warning pots shall be used. Except by special permission from the
Town, no trench shall be excavated more than 250 feet in advance of
pipe or conduit neither laying nor left unfilled more than 500 feet
where pipe or conduit has been laid. 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.
F.
Unless the work shall be commenced within 30 days from the date of
approval, permission shall be void, and a new request must be submitted.
The Town may extend the time limitation for good cause. The applicant
shall have present at the site of construction and during the restoration
period a copy of the construction plans and Town's written permission.
G.
It shall be the duty of the permittee to notify the Director of Public
Works 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 Director of Public Works shall also be notified at least four
hours prior to backfilling and/or restoring the surface.
[Amended 4-16-2020 by Ord. No. 20-05]
H.
During the period of construction and excavation, the utility shall
take all reasonable precaution, including following all industry standards,
in protecting the safety of all persons, including but not limited
to area residents, motorists and Town employees, who are likely to
be in the area of construction and/or excavation. The utility shall
also take reasonable precaution necessary to protect the environment
and prevent erosion.
A.
All surface monuments or hubs must be removed and replaced as nearly
as possible in their original condition or position. 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
puddled or laid in layers not more than six inches in depth and each
layer rammed, tamped or flushed 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. The Town may elect to
have the opening 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 road opening.
B.
The person who does such restoration shall be responsible therefore
for two years from the date of the completion of the work and shall
file a written guarantee or surety bond to that effect with the Town
in the amount of $1,000.
C.
Whenever the Town shall find that any such work has become defective
within two years 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 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.
Written permission 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 $100,000
per one person, $300,000 for one accident and property damage coverage
of not less than $50,000. The Town shall be listed as a third-party
insured on the policy.
Before written permission is issued, the applicant must sign
a statement that he will indemnify and hold harmless the Town of Rome
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 road, and will replace and restore the pavement over any
opening he may make as near as can be to the state and condition in
which he 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 two years, and that he will pay all fines imposed
upon him for any violation of any rule, regulation or ordinance governing
road openings or drain laying 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 road repair, the person opening the road will
pay all costs of making such repair and of maintaining the same for
one year.
Pursuant to § PSC 130.05 (Wis. Admin. Code) and under
the authority of the Town generally, a utility shall be required to
pay the actual cost of functions undertaken by the Town to manage
utility access to and use of municipal right-of-way. These management
functions include all of the following:
A.
Registering utilities, including the gathering and recording of information
necessary to conduct business with a utility.
B.
Issuing, processing and verifying excavation or other utility permit
applications, including supplement applications.
C.
Inspecting utility job sites and restoration projects.
D.
Maintaining, supporting, protecting or moving utility equipment located
within a municipal right-of-way during highway, street and right-of-way
work undertaken by or at the direction of the Town. In lieu of payment
of the actual cost, a utility may perform the duties.
E.
Undertaking restoration work inadequately performed by a utility
after providing notice and the opportunity to correct the work.
F.
Revoking utility permits.
G.
Maintenance of databases.
Pursuant to § PSC 130.09 (Wis. Admin. Code), the Town
may require a utility, at its expense, to permanently relocate transmission
or distribution facilities in a municipal right-of-way when necessary
for health, safety or public welfare.
A utility shall notify the Town of the utility's intent to abandon
transmission or distribution facilities and the utility shall provide
the Town a map, at the utility's expense, depicting the location of
any facility within the Town that the utility intends to abandon.
[Amended 4-16-2020 by Ord. No. 20-05]
A utility shall submit to the Town of Rome Director of Public
Works its future construction or excavation work plans in a time frame
that will allow the Town to coordinate work within a municipal right-of-way.
In this article, the definition of terms shall be as set for
in § PSC 130.01 (Wis. Admin. Code); provided, however, the
term "utility" as used in this article shall include an interim cable
television operator and a video service provider.
A public right-of-way, which normally affords a secondary
means of vehicular access to abutting property.
A street having but one end open to traffic and the other
end being terminated in a vehicular turnaround.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A practice or a combination of practices implemented to prevent
or reduce erosion and the resulting deposition of soil, sediment or
rock fragments into waters of the state, public sewers or off the
owner's land. These procedures include, but are not limited to, silt
or filter fences, straw or hay bales, tarps or riprap, berms, sediment
basins or vegetative strips.
Shall be the equivalent of the word "forfeiture," and vice
versa.
All waste, animal, fish, fowl or vegetable matter incidental
to and resulting from the use, preparation and storage of food for
human consumption.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
A parcel of land. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the Office of the Register
of Deeds, or any part of a large parcel when such part complies with
the requirements of this Code as to width and area for the district
in which it is located.
Any person occupying or having use of a building, structure,
premises of any part thereof.
Any person who has charge, care or control of a building,
structure or premises or part thereof.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
All grounds, structures and watercourses which are or may
be located within any area dedicated to the public use as a park,
parkway, public boat landing, public lake access, recreation facility
or conservancy district in the Town.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this article prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Town for approval.
Any sidewalk, street, alley, highway, or other public thoroughfare.
The miscellaneous waste material, combustible and noncombustible,
resulting from housekeeping and ordinary mercantile enterprises, and
includes boxes, cartons, excelsior, paper, ashes, cinders, tin cans,
bottles and broken glass, rubber, grass clippings, brush, leaves,
garden plants, and animal waste.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
A triangular space which permits an unobstructed view at
the inter section of highways or streets with other highways, streets
or roads to or at the intersection of highways or streets with railroads.
Garbage, refuse, and all other discarded or salvageable material,
including materials resulting from industrial, commercial, and agricultural
operations and from domestic use and public service activities.
The provisions of this article shall not apply to excavation
work done by Town employees or contractors performing work under contract
with the Town, except that the safety precautions in this article
shall be complied with.
