A.
Permits required. Except as otherwise provided in this Code, no person
may obstruct, construct or excavate in any right-of-way without first
having obtained the appropriate right-of-way permit from the Town
and others to do so.
(1)
Excavation permit. An excavation permit is required for a registrant
to excavate that part of the right-of-way described in such permit
and to hinder free and open passage over the specified portion of
the right-of-way by placing facilities therein, to the extent and
for the duration specified therein.
(2)
Obstruction permit. An obstruction permit is required for a registrant
to hinder free and open passage over the specified portion of the
right-of-way by placing equipment described therein on the right-of-way,
to the extent and for the duration specified therein. An obstruction
permit is not required if a person already possesses a valid excavation
permit for the same project.
B.
Permit extensions. No person may excavate or obstruct the right-of-way
beyond the date or dates specified on the permit unless:
C.
Delay penalty. The Town shall establish and impose a delay penalty
for unreasonable delays in right-of-way excavation, obstruction, patching
or restoration. The delay penalty shall be established from time to
time by Town Board resolution. A delay penalty will not be imposed
for delays due to force majeure, including inclement weather, civil
strife, acts of God or other circumstances beyond the control of the
applicant.
D.
Permit display. Permits issued under this section shall be conspicuously
displayed or otherwise available at all times at the indicated work
site and shall be available for inspection by the Town.
A.
Timing. The work to be done under the excavation permit, and the
patching and restoration of the right-of-way as required herein, must
be completed within the dates specified in the permit, increased by
as many days as work could not be done because of circumstances beyond
the control of the permittee or when work was prohibited as unseasonable
or unreasonable.
B.
Patch and restoration. The permittee must patch and restore its own
work. The work consists of restoring the surface and subgrading portion
of the right-of-way.
C.
Standards. The permittee shall perform patching and restoration according
to the standards and with the materials specified by the Town and
shall comply with Wisconsin Construction Site Best Management Practices
Handbook, which are adopted as a part of this chapter.
D.
Duty to correct defect. The permittee shall correct defects in patching
or restoration performed by the permittee or its agents. Upon notification
from the Town, the permittee shall correct all restoration work to
the extent necessary, using the method required by the Town. All work
shall be completed within five calendar days of receipt of the notice
from the Town, not including the days during which work cannot be
done because of circumstances constituting force majeure or days when
work is prohibited as unseasonable or unreasonable.
E.
Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Town, or fails to satisfactorily and timely complete all restoration required as specified in Subsection D, the Town shall notify the permittee in writing of the specific alleged failures and shall allow the permittee 10 days from the receipt of said written notice to cure said failure or failures, unless otherwise extended by Town designee. In the event the permittee fails to cure, the Town may, at its option, perform the necessary work, and the permittee shall pay to the Town, within 30 days of billing, all costs to restore the right-of-way and inspection and engineering.
