[Adopted 11-9-2017 as
Ch. 11 of the 2017 Code]
Utilities shall be presumed to have notice of this article through
its publication and posting. In addition, this article will be provided
to all utilities or any other entity permitted to install utilities
within the right-of-way of the Town. Reference to these regulations
shall be made in all permits to occupy any portion of Town right-of-way.
Regardless of the date that any utility began occupancy, compliance
with the regulations and conditions of this article is required as
a condition of continued occupancy of the Town's right-of-way or easement.
As used in this article, the following terms shall have the
meanings indicated:
The utility facility is located on the right-of-way or easement
so as to interfere with a project of the Town in such a way that proceeding
with the Town's project will damage the utility facility or has, in
the opinion of the Town's engineers, the potential or possibility
to cause damage to the utility facility if not moved or protected.
Calendar days.
Engineering diagrams, plans or specifications that are sufficiently
detailed and contain construction plans upon which contractors can
calculate and submit bids for the completion of the project and upon
which a utility can determine the necessity of relocating utility
facilities to eliminate conflict with the Town's projects.
Engineering diagrams, plans or specifications that are sufficiently
detailed to allow a utility to determine whether a project proposed
by the Town will be in conflict with the utility's existing location.
Any public or private entity or statutorily defined utility
owning utility facilities located in Town right-of-way.
Includes any pipe, pipeline, wire, cable, cable service,
duct, conduit, fiber-optic cable, radio signal or electrical transmission
equipment and associated plants, equipment, and other facilities,
whether underground or aboveground, in any Town right-of-way.
A.
No utility shall cause any excavation, alteration, or obstruction
within Town of Seymour rights-of-way or easements without first obtaining
a permit to construct, operate and maintain utilities within Town
right-of-way. The issuance of all permits is conditioned upon the
rules set forth hereunder, and all permit holders agree, by virtue
of submitting a permit application, to abide by all rules, regulations,
and conditions contained in this article. All permits shall be reviewed
by the Town Board or by a designee of the Town Board, who shall issue
a decision approving, denying, or conditionally approving the requested
permit.
B.
The Town Board shall have the ultimate authority to prescribe conditions
under which excavation, alteration, obstruction, or occupancy shall
be made, and it shall be the duty of the Town Board or its designee,
subject to the conditions of this article, to ensure that all conditions
of the approved permit are complied with strictly and that all work
is completed in a timely manner. A final inspection of the completed
restoration and cleanup shall be made by the Town Board or its designee.
C.
Before a permit may be issued under this section, the applicant shall
deposit with the Town Clerk's office a security deposit in an amount
set forth in the Town's fee schedule for the proper performance, installation,
and restoration of the work as defined in the approved permit.
D.
The security deposit shall be returned to the applicant upon satisfactory
completion of the project and restoration work as determined by the
Town Board or its designee.
E.
Before a permit may be issued, the applicant must execute and deposit
with the Town Clerk an indemnity bond, approved by the Town Chair,
in an amount sufficient to adequately protect the Town's interests
delineated herein, subject to the approval of the Town Board or its
designee, indemnifying and saving the Town and its officers harmless
from all liability for accidents and damage caused by any of the work
covered by the permit, and insuring that all excavations and openings
made in any road shall be filled and placed in good and safe condition,
and all pavement replaced and restored over any opening made, restoring
said pavement to the same state and condition in which it was prior
to the work being performed, and that said pavement shall be maintained
in the same condition, normal wear and tear excepted, for a period
of one year thereafter, and that any fines imposed for any violation
of any rule, regulation, or ordinance governing road openings or drain
laying shall be paid, and that any repair and/or damage done to existing
improvements or other utilities during the progress of the excavation
shall be paid. Such bond shall also guarantee that if the Town shall
elect to make any road repair, the permit holder shall pay all costs
of making such repair and maintaining the same for one year. Recovery
on such bond for any accident, injury, or violation of law, ordinance,
rule or regulation shall not exhaust the bond but it shall cover any
and all accidents, injuries, or violations during the period for which
it is given.
F.
Before a permit may be issued, the applicant must furnish the Town
Clerk with written evidence that the permit holder has in force and
shall maintain public liability insurance in an amount of not less
than $1,000,000 per occurrence. The Town must be named as an additional
insured.
G.
In the event of unauthorized excavations, alterations, or obstructions
within a Town right-of-way, the offending individual, partnership,
or corporation causing such excavation, alteration, or obstruction
shall be fined an amount set forth in the Town's fee schedule, which
shall be in addition to the Town's cost of restoring Town facilities
to their original condition.
H.
All operations shall be performed without obstructing or closing
all or any part of any Town traffic lane unless specifically sanctioned
by the Town and special controls applicable thereto are set forth
herein. Unless otherwise authorized, unobstructed traffic shall be
maintained on all constructed Town roads. (See copy of the Road Closure
Agreement Form.[1])
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Said form is on file with the Town Clerk.
I.
All Town facilities, both above and below ground, including the roadway
pavement, shoulders, ditches, culverts, slopes, signs, etc., damaged
or disturbed by the permitted utility work shall be restored promptly.
J.
Damage to any portion of an asphalt-paved travel lane will require
the replacement of the entire travel lane per Town standards. Replacement
of concrete pavement will be reviewed and approved by the Town prior
to the utility work beginning.
K.
If restoration is not carried out according to plans in the permitting
process, or is otherwise not carried out in a timely manner, the Town
may issue a notice setting forth a time certain by which the restoration
must be completed. If the permit applicant fails to satisfactorily
complete all restorations within the time established, the Town will
cause the work to be completed, and the permit holder will pay any
and all costs of restoration within 60 calendar days of the Town billing,
in addition to reasonable monetary damages resulting from the delay.
L.
Unless otherwise authorized, any utility lines installed across and
beneath the traveled way(s) and shoulders of hard-surface Town roads
shall be installed by boring, with no open cut excavation permitted,
between points no less than six feet outside the outer shoulder or
back of curb.
M.
Under hardship conditions (i.e., rock, soil conditions, utility connections,
etc.), the Town may allow the applicant, as part of the permit, to
open cut and excavate the roadway pavement under the following conditions
and provision. Any excavation authorized within the limits of any
Town road pavement or shoulder area shall be backfilled with approved
material, placed in lifts or layers six inches or less each in depth,
and compacted mechanically to the compaction of the adjacent and undisturbed
ground or material. Water flooding and the use of moisture in excess
of necessity to facilitate mechanical compaction are expressly prohibited.
All excavation within a roadway pavement shall be initiated by saw
cuts and restored to original condition and cross section.
N.
Any subsequent heaving, settling, or other faulting attributable
to the permitted work shall be repaired in a manner satisfactory to
the Town, at the applicant's expense. Trenched construction in the
roadway pavement and shoulders requires an additional permit fee identified
in the Town's fee schedule, and the applicant shall be responsible
for maintenance and repair costs of any open cut trench failure as
a continuing obligation.
O.
Operations and safety precautions pertinent to any trenching, tunneling,
or excavation activities shall comply with the most strict requirements
of all applicable regulations and codes, including but not limited
to those of the Wisconsin Department of Safety and Professional Services
or Occupational Safety and Health Administration (OSHA) standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
P.
The applicant is solely responsible to ensure that the site of the
construction is secure against any hazard to the public, both when
the site is attended and during off hours, any holiday, and the hours
of night when the site is unattended. The applicant shall indemnify
the Town and pay the cost of Town's defense for any liability resulting
from the applicant's failure to abide by this provision.
Q.
All utility permits must be applied for on each Town road where the
utility work will be carried out. At intersections of two Town roads,
where utility work on the intersection roadway is no greater than
150 feet from the adjoining roadway, only one permit application will
be required.
R.
Construction plans included with the use of right-of-way permit application
must include a roadway cross section indicating the specific location
of the proposed utility line and any other specifications or plans
reasonably requested by the Town Board or its designee.
S.
On rural roadways, new utilities will be restricted from being located
in a roadway signing zone. On roads with curb and gutter, the restricted
signing zone is located from zero feet to six feet from the back of
curb. To maintain a reasonable uniform utility alignment, location
variances may be allowed when irregular-shaped portions of the right-of-way
extend beyond the normal right-of-way limits. No utility lines are
allowed in the ditch bottom or on the inslope. If a variance is given
to allow installation in slope or ditch bottom, utility lines will
be moved at utility expense if road rebuilding or maintenance interferes
with the utility.
T.
Buildings, cabinets, and any other aboveground structures are not
to be located within the highway right-of-way. Manholes should not
be located in the pavement. The applicant shall not remove any Town
sign(s) without prior Town approval.
U.
All utility permits issued, where construction will impede normal
traffic flow, shall have attached a traffic control plan in accordance
with the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD),
Chapter 6, indicating placement and spacing of all construction signs
applicable to the work being carried out.
A.
Ongoing obligation of utilities to accommodate Town or other projects.
Within 15 days of the appropriation of funds by the Town Board to
finance a roadway project or other Town project on a Town right-of-way
or easement, the Town will send notice to all utilities believed to
have utility facilities located in the Town road right-of-way. It
shall be the obligation of the owner of the utility facilities to
notify the Town in writing within 15 days of the receipt of notice
of the project, verifying that the utility facilities are located
in the project area of the Town right-of-way. Failure to respond shall
mean that the utility represents that it has no utility facilities
in the project right-of-way or easement and shall cause the utility
to be responsible for said representation and any penalties or damages
incurred as a result of said representation.
B.
Upon completion of the preliminary engineering plans by the Town's engineer, but not less than 20 days after the notice in § 204-7A, said plans shall be sent to all utilities having notified the Town of having utility facilities in the Town's road right-of-way or easement.
C.
Within 30 days of mailing of the preliminary plan, the utility shall
notify the Town of any conflict which may result in damage to the
utility facility as it relates to the Town's planned construction
and shall, within 45 days after receiving the preliminary plan, submit
a written work plan providing a proposed resolution of the conflict
which will eliminate the conflict and potential for damage to the
utility facility without cost to the Town or shall negotiate a resolution
of the conflict by agreement to pay costs to the Town to resolve that
conflict. If the resolution and the agreement cannot be completed
within 45 days, the utility may request in writing an extension of
15 days to resolve conflicts.
D.
In the event the resolution of the conflict cannot be completed within
60 days of the mailing of the preliminary plan, the Town Board shall
review the proposals for resolution of conflicts and shall direct
and order a specific resolution deemed necessary in order to complete
the Town's project, which resolution eliminates or minimizes cost
to the Town and the Town taxpayer.
E.
Not less than 60 days after the mailing of the preliminary plan, the Town shall mail a final plan to the utility having given notice that it has utility facilities within the project area. The mailing of the final plan constitutes notice that the conflicts with the Town's project or the work to be done by the Town's contractor shall be eliminated within 60 days in accordance with the resolution of the conflict under § 204-7C above. In the event unforeseen site conditions or other unforeseen circumstances necessitate a modification to the final plan, the Town may follow the procedures commencing with § 204-7B and C.
These emergency procedures are applicable to all situations where circumstances create the need to relocate utility facilities or protect utility facilities located in the Town's right-of-way or easement and the nature of the circumstances constitutes an emergency and does not allow for following the relocation procedure of § 204-7.
A.
In the event the relocation of utility facilities has been made necessary by emergency circumstances beyond the control of the Town and the Town is unable to comply with notice provisions of § 204-7A, the Town may declare the relocation to be an emergency relocation and so notify the utility in writing by personal delivery. The utility shall respond to the Town's emergency notice within 24 hours, and a representative of the utility shall meet with the Town representatives within 48 hours of the notice and shall agree to a resolution of the utility conflict to the satisfaction of the Town. If the Town and utility fail to agree on a resolution, the Town shall take the action it deems necessary to resolve the emergency and shall notify the utility in writing of the intended action and the estimated cost and/or expense which will be incurred as a result of such action.
B.
The Town and Town's contractor shall keep a record of actual costs incurred and notify the utility in writing of the actual costs. Failure to pay said cost or expense within 60 days of notice thereof shall constitute a violation of this article and it shall be collected by the Town as a forfeiture in Municipal Court as provided in § 204-9.
C.
In the
event the utility objects to said action or the cost or expense related
to said action, the utility may, within 60 days from the date of the
notice of said actual cost and/or expense, file a declaratory action
with the Circuit Court of Outagamie County. The Court shall determine
the amount of the forfeiture to be assessed to the utility based upon
the expense or cost incurred by the Town or the Town's contractors
that resulted from relocation and/or protection from damage of the
utility's facility or alteration of the Town's plan or project to
avoid damage to the utility facility.
A.
A utility that fails to eliminate the conflict by such actions that
are in compliance with this article and approved by the Town within
the time period required by this article shall be deemed to be in
violation of this article and shall cause the utility to be liable
as and for a forfeiture to the Town for all cost and/or expense to
the Town resulting from the failure to comply.
