[Added 12-17-2019 by Ord. No. 2019.12.01]
As used in this chapter, the following terms shall have the meanings indicated:
IMPLEMENT OF HUSBANDRY
Shall have the meaning as defined in s. 340.01, Wis. Stats., as may be amended, and does not include an agricultural commercial vehicle and a vehicle that is a commercial motor vehicle under federal law.
FRAC TANK
A large, heavy-gauge-steel tank pulled by a tractor or agricultural commercial vehicle to a site used for the temporary storage of manure.
LOCATE
To park or stop the manure transfer equipment in any portion of the right-of-way, except for emergency purposes.
MANURE TRANSFER EQUIPMENT
Includes equipment used for the application of manure for agricultural fields, including, but not limited to, frac tanks and/or dump stations used for the application of manure on fields.
MANURE SOURCE
The farm that produces the manure subject to transfer.
MUTCD
The Manual of Uniform Traffic Control Devices located at http://muted. fuwa.dot.gov/kno-millennium.htm.
OPERATOR
The person in charge of operation of the manure transfer equipment.
OWNER
The legal owner of the manure transfer equipment.
RIGHT-OF-WAY
The right-of-way of all public highways under the jurisdiction of the Town of Trenton.
[Amended 10-21-2024 by Ord. No. 2024.10.03]
A. 
A permit is required for anyone hauling six or more loads of manure for location on Town roads in a twenty-four-hour period excepting any implements of husbandry and the use of right-of-way preempted Wisconsin Statutes.
B. 
No person shall locate manure transfer equipment within the Town right-of-way without first obtaining a permit from the Town Department of Public Works Supervisor ("Town DPW Supervisor").
C. 
An annual permit application shall be completed by January 31 of each year by the owner or operator of the manure source or at least 30 days prior to the first location. The permit application can be found on the Town of Trenton official website or by calling the Town DPW Supervisor at 262-675-6019. The application shall include an accurate description of the route and staging areas at fields which will be reviewed for potential adverse impact to Town roads by the Town DPW Supervisor. The Town DPW Supervisor may approve, deny due to unreasonable risk of damage to Town roads, or approve conditionally with alternate routes and sites. The application fee of $100 is due prior to review. Current proof of insurance(s) (i.e., certificate of insurance) will be submitted to the Town prior to review. The Town DPW Supervisor may also require additional information, including, but not limited to, certificates of insurance from one or more of the parties involved in the manure transfer meeting the insurance requirements as stated below.
D. 
The minimum insurance requirements to obtain a permit are:
(1) 
Farm or general liability: $1,000,000 aggregate, $500,000 per occurrence.
(2) 
Farm and/or business automobile coverage: $500,000 each person/$500,000 each accident for bodily injury and $1,000,000 for property damage, or $1,000,000 combined single limit for bodily injury and property damage for each accident.
(3) 
All insurance policies shall name the Town of Trenton as an additional insured. All insurance policies shall be issued by companies licensed to sell insurance in the State of Wisconsin. All insurance policies shall contain the provision requiring 30 days' advanced notice cancellation.
E. 
Each permit shall expire on December 31 of the year of issuance.
The owner and operator of the manure transfer equipment for a manure source subject to a permit issued under this article shall comply with the following requirements:
A. 
Notify the Town DPW Supervisor by phone at least 24 hours before each hauling event. In the event the Town DPW Supervisor is unavailable, the applicant may meet this requirement by contacting a Town of Trenton Town Board member.
B. 
The operator shall have a current listing and a road map of the locations of all possible manure transfer sites (i.e., where manure transfer equipment may be placed before, during, and after transport) on file with application for review by the Town DPW Supervisor to determine if any changes or restrictions are necessary. The Town DPW Supervisor may require modifying a transport route for loaded and empty trucks and combining as many fields to one transfer site to limit road damage and inconvenience to traffic flow. Such restrictions required by the Town DPW Supervisor shall focus on improving traffic safety or road conditions. Such restrictions will be determined on a site-by-site basis. The Town DPW Supervisor may require utilizing a hose using right-of-way off-road areas, ditches and culverts for under-road passage where available.
C. 
When hauling manure in a wheeled container/vessel on Town roads, each road's maximum weight is limited to 92,000 pounds, unless the Frozen Roads Act has been implemented limiting maximum loads to 80,000 pounds. This section does not exclude the requirement for additional permits for overweight vehicles or implements of husbandry as may be required by state law, county ordinance or Town ordinance.
D. 
Operators must follow the Manual of Uniform Traffic Control Devices (MUTCD) for work zone signage and installation within the work zone. All signs shall be at least 48 inches by 48 inches with prismatic sheeting or higher-grade intensity or such alternative signage approved by the Town DPW Supervisor and at least one Town Supervisor.
E. 
Day and night location operations will be permitted as a privilege as long as all requirements of the MUTCD are met, as well as the proper usage of signage and flashing lights. However, night (i.e., 1/2 hour before sunset until 1/2 hour after sunrise) location operation privileges may be restricted, suspended or revoked by the Town Board.
F. 
Manure transfer equipment may be located on the right-of-way when not in operation as long as it is properly marked and such equipment does not extend into the roadway. However, no manure transport equipment may be placed closer than 250 feet to an intersection unless proper MUTCD procedures for flagging are followed. Large frac tanks cannot sit on the side of the road over the weekend or for periods longer than 48 hours without permission from the Town DPW Supervisor.
G. 
The manure transfer site shall have no more than two trucks waiting to dispense (i.e., parked on right-of-way), and each truck shall be parked a minimum of 300 feet from another parked truck.
H. 
When manure hauling on Town roads, hauling trucks shall maintain their outer wheels 16 inches from the edge of the roadway, to prevent damage to the road edge. To facilitate this requirement, a choice of one-way roads or closed roads for delivery of full vessels or containers may be approved with the Town DPW Supervisor in coordination with the Town Police Department.
The owner, operator and owner of the manure source shall be jointly and severally liable to the Town for all damages to the highway, right-of-way, including the traveled surface, edge of roadway, shoulder, and ditch for slope and back slope pursuant to s. 86.02 and s. 86.021, Wis. Stats. Prior to utilizing the right-of-way under the permit, the owner and/or operator shall notify the Town Board with photographs of any existing highway and/or right-of-way damage. By failing to provide such notice, or satisfactory evidence of existing highway and/or right-of-way damage, all damages shall be presumed to be caused by the operating of the manure transfer equipment pursuant to the permit.
The provisions of this article are severable. If any provision of this article is found to be void, preempted by state law or unconstitutional by a court of competent jurisdiction, such finding shall not affect the remaining portions of this article which will be deemed in full force and effect.