[Adopted 12-14-2004 by Ord. No. 2004-14]
This article is adopted under authority granted by §§ 86.07 and 86.16 of the Wisconsin Statutes.
The purpose of this article is to promote the public health, safety and general welfare by ensuring that Town roads, Town rights-of-way and drainage facilities are reconstructed and restored to their prior condition after any cut, excavation, fill or alteration.
This article applies to any person, firm or corporation, including utilities as defined in § 196.01(5), Wis. Stats., and telecommunications carriers as defined in § 196.01(8m), Wis. Stats., that cuts, fills, excavates or alters any Town road, Town right-of-way or drainage facility.
A. 
Permit required. No person, firm or corporation shall cut, fill, excavate or alter any Town road, Town road right-of-way or drainage facility without first obtaining a permit on a form approved by the Town Board. The fee for permits shall be in an amount as set from time to time by resolution of the Town Board, plus actual Town expenses. Fees shall be paid to the Town of Wescott.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Exemptions. No permit is required prior to any emergency replacement or repair of any transmission line, distribution line or utility in connection with restoring existing service; provided, however, that the standards and requirements of restoration, reconstruction and repair shall still apply.
A. 
Town roads. All open cuts on Town roads shall be reconstructed and restored as follows:
(1) 
The trench or open excavation shall be backfilled with a suitable type of backfill. Every six inches of fill shall be compacted with a vibrating compactor. The gravel base shall be replaced with three-quarter-inch aggregate also compacted by a vibrating compactor.
(2) 
Asphalt surfaces shall be replaced with a minimum of three inches of blacktop after compaction.
(3) 
All roadbed surfaces shall be restored to their prior elevation, slope and profile.
B. 
Town ditches and drainageways. All excavations in Town ditches and drainageways shall minimize erosion and sedimentation by the use of silt fences and riprap as necessary. All excavations shall be seeded and mulched as soon as practical after excavation. All ditch lines shall be restored to their prior elevations, profiles and cross-sections.
C. 
Access. Access to all private drives and public intersections shall be maintained and all disturbed areas restored.
D. 
Spoils. No spoils shall be left in any right-of-way.
A. 
Damages. The applicant shall be responsible for all damages which occur during the progress of the work or as a result of the work.
B. 
Guarantee. The applicant, as a condition and requirement of the permit, shall guarantee that all reconstruction and restoration work meets the reconstruction and restoration requirements and standards of this article.
C. 
Indemnification. The applicant, as a condition and requirement of the permit, shall indemnify and hold the Town and its employees harmless from any and all actions, claims or liability in connection with or relating to the work performed under the permit and from any damages to property or injuries to persons in connection with or relating to the work.
D. 
Maintenance, relocation or alteration. Any facilities constructed or installed in a Town road right-of-way, as authorized by a permit, shall, if necessary for the alteration, improvement, maintenance or reconstruction of the Town road, be altered or relocated at the expense of the applicant. All expenses in constructing and maintaining the facilities shall be borne by the applicant.
E. 
Traffic control. Where the work will impede traffic or constitute a traffic safety hazard or where the work will confine traffic to a single lane or require a road closure and detour, the applicant shall be responsible to provide all necessary signs, flagging and warning lights in compliance with the Manual of Uniform Traffic Control Devices. In the event of road closure, the applicant shall be responsible to provide not less than forty-eight-hour advance notice to the sheriff's department, local school bus company and local newspaper and radio station.
A. 
Issuance of permit. The Town Building Inspector or Town Clerk may issue a permit.
B. 
Permit fees. The fee for a permit shall be determined by resolution of the Town Board and shall be paid at the time of application.
C. 
Completion. The applicant shall notify the Town Building Inspector or Town Clerk that the work authorized by the permit has been completed and that all reconstruction and restoration has been completed.
D. 
Inspection. The Town shall inspect all reconstruction and restoration within three business days of written notification by the applicant that the reconstruction and restoration has been completed. No inspection shall be deemed to be or constitute acceptance of the reconstruction or restoration by the Town.
E. 
Incomplete work. The Town reserves the right to complete or undertake reconstruction and restoration work inadequately performed by the applicant or repair any damages which occurred during the progress of the work and recover Town costs from the applicant after providing the applicant 30 days' written notice and opportunity to complete or correct the work and repair damages.
F. 
Financial guarantee. The Town may require a financial guarantee for the estimated cost of reconstruction and restoration as a condition of a permit in the event the Town has good cause to believe reconstruction and restoration will not be completed satisfactorily by the applicant. The financial guarantee shall be in the form of an irrevocable letter of credit from a financial institution in favor of the Town or a cash bond in an amount sufficient to satisfactorily complete all necessary reconstruction and restoration.
G. 
Violations and penalties. Any person who violates this article shall, upon conviction, be subject to the forfeiture amount in the Fine and Forfeiture Schedule of the Town of Wescott that shall be as set from time to time by resolution by the Town of Wescott. Each violation and each day a violation continues or occurs shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]