It shall be unlawful for any person, firm, utility or corporation to tunnel under or to make any excavation in any road in the Town of Whitewater without having obtained a permit as is herein required, or without complying with the provisions of this article, or in violation of or variance from the terms of any such permit. This includes utility construction, county section line markers, drain tile installation, cable TV or any other work that would necessitate cutting through Town roads.
Applications for excavation permits shall be made to the Clerk at least 15 days prior to anticipated commencement of any work subject to this article and shall describe the location of the intended excavation or tunnel; the size thereof; the purpose therefor; and the person, firm, utility or corporation for whom or which the work is being done; and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. Certification of adequate liability insurance is required. The fifteen-day requirement may be waived by the Town Board in case of emergency or special need.
The permit under this article shall be issued by the Town Clerk after approval has been given to the application by the Town Board of the Town of Whitewater. The Town Board may impose conditions and special requirements as a part of the permit, as provided in this article.
Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavation the excavations shall not have anywhere below the surface any portion which extends beyond the opening at the surface. The hot line must be called to check utility lines.
Any person, firm, utility or corporation making any excavation or tunnel in or under any road shall restore the surface to its original condition and be liable for upkeep for a period of three years. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. Any opening in a paved or improved portion of a road shall be repaired and the surface relayed by the applicant.
It shall be the duty of the person cutting or making excavation in Town roads to place and maintain proper warning devices for the safety of the general public during the excavation.
A. 
The cleanup of all rubbish and other debris resulting from such is the duty of the permit holder. Excess soil and rock shall be properly disposed of by the applicant.
B. 
Prompt completion of work after an excavation is commenced is required. The permittee shall prosecute with diligence and expedite all excavation work covered by permit and promptly complete such work and restore the road to its original condition, so as not to obstruct travel therein.
Any person, firm, utility or corporation violating any of the provisions of this article or permit shall be subject to a forfeiture in an amount as set forth in a fee schedule to be kept on file with the Town Clerk, plus the costs of prosecution. Any work done by the Town of Whitewater in restoring a road to original condition during the three-year period will be charged to the permittee. The Town Board may institute appropriate action or proceedings to enjoin violations of this article, in addition to any other penalties stated in this article.