[Added 12-17-2019 by Ord.
No. 2019.12.01]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A large, heavy-gauge-steel tank pulled by a tractor or agricultural
commercial vehicle to a site used for the temporary storage of manure.
To park or stop the manure transfer equipment in any portion
of the right-of-way, except for emergency purposes.
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.
The farm that produces the manure subject to transfer.
The Manual of Uniform Traffic Control Devices located at
http://muted. fuwa.dot.gov/kno-millennium.htm.
The person in charge of operation of the manure transfer
equipment.
The legal owner of the manure transfer equipment.
The right-of-way of all public highways under the jurisdiction
of the Town of Trenton.
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 website at www.townoftrenton.info 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 enforcement of this article and all other laws and ordinances
relating to manure transfer equipment may be by means of one or more
of the following:
The amount of the permit fee may be changed by resolution of
the Town Board.
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.
This article shall be effective upon publication according to
state law.
