[Adopted 9-18-2012 by Ord. No. 2012-10]
This article of the chapter applies to all persons or entities
making use of the public right-of-way, except where specifically noted
herein. Persons or entities are obligated to comply with other applicable
Town ordinances, whether or not specifically referenced in this article.
This article repeals and replaces any previously adopted Town ordinance
as to those matters that are provided for in this article.
A.
The Town, by means of this article, requires a permit for work that
utilizes the right-of-way for roadway additions, roadway alterations,
access to property, alteration to property access, underground accommodations,
and surface alterations. Each person or entity desiring to undertake
an activity regulated by this article shall submit the appropriate
application(s), information and fee(s) as required by this article,
no less than four weeks prior to the time the work is scheduled to
begin.
B.
No person, business entity or governmental body, or any agent thereof,
may excavate, open, plant, install underground utilities, overlay
or modify any public highway, road, street or alley in the Town without
receiving a permit from the Town or its designee prior to commencing
the proposed activity. The application requirements, fees, permit
form(s), and permit conditions for such activities are available in
this article of this chapter, as applicable.
[Amended 3-21-2023 by Ord. No. 2023-1]
A.
Commencement
of review. Complete and submit the applicable applications for permits,
along with the application fees, to the Town Clerk who shall forward
each completed application to the Town Engineer. The Town Engineer
shall initially review each application and make the determination
in regard to whether, under the Town's Code, the right-of-way project,
covered by the application, is a major right-of-way project or a minor
right-of-way project.
B.
Major
right-of-way project. The Town Engineer shall initially review the
completed application and submit a recommendation to the Town Plan
Commission. The Town Plan Commission shall then review the application
and submit a recommendation to the Town Board. The Town Board shall
then consider the application and act on the recommendation of the
Town Plan Commission, either granting or denying the application.
C.
Minor
right-of-way project. The Town Engineer is hereby authorized to administer
the permitting of the minor right-of-way projects. The Town Engineer
shall review each completed application that is filed with the Town
Clerk and shall either approve or deny the application within 30 days
after the application has been filed with the Town Clerk and the fee
paid.
A.
Any person, business entity or governmental body, or any agent thereof,
that wishes to excavate, open, plant, install underground utilities,
overlay or modify any public highway, road, street or alley in the
Town as part of a "work in Town right-of-way" permit shall prepare
adequate permit submittal information and shall follow the procedures
as given by this section, or as given otherwise by the Town or its
designee.
B.
The typical procedures for application, submittal and review for
all "work in Town right-of-way" permits are as follows:
(1)
Permittee to review all applicable ordinances and regulations.
(2)
Permittee to complete, sign and notarize application forms. Submit
to Town Engineer.
(3)
On-site meeting with Town Engineer. The permittee will be notified
if an on-site meeting is necessary due to site complexity or other
considerations.
(4)
Town Engineer completes formal recommendations to the Plan Commission
for the application.
(5)
Town Engineer forwards application and recommendations to the Town
Clerk and Plan Commission for action.
(6)
The Town Board will review Plan Commission report/recommendation
and take final action on the application.
C.
Administrative review. The typical procedures for application, submittal
and review for minor right-of-way projects are as follows:
[Added 3-21-2023 by Ord. No. 2023-1]
(1)
Permittee
to review all applicable ordinances and regulations.
(2)
Permittee
to complete, sign and forward the application for the right-of-way
project, along with any other applicable applications, to Town Clerk,
together with the application fee.
(3)
Town
Clerk to forward completed documents to Town Engineer.
(4)
Town
Engineer reviews completed documents within 15 days of receipt of
completed documents.
(5)
Town
Engineer may coordinate or complete a site visit, if Town Engineer
deems that visit necessary.
(6)
Town
Engineer approves or denies requested application, by permit letter
or email documentation, within 30 days of receipt of completed documents
and application fee. If a bond is required, permit issuance will not
be granted until that bond is approved by the Town Engineer and filed
with the Town Clerk.
(7)
If
an application is denied, the reason for that denial shall be clearly
stated in writing. The applicant may reapply with revisions and/or
additional amended information, subject to new application fees being
filed.
[Amended 1-17-2017 by Ord. No. 2017-2]
The application and all supporting information pertaining to
the work in Town right-of-way shall be filed with the Town Clerk,
who shall provide it to the Town Engineer. One comprehensive electronic
copy of the full submittal, in PDF format, is to be submitted along
with one comprehensive copy in printed form, identical in all respects
to the electronic copy. The Town Engineer will initially review the
submittal information for completeness and relevance.
A.
Application. Work-in-right-of-way permits shall be initially requested
with the permittee's completion and submittal of the application form.
This form is available at the office of the Town Clerk. The Town Engineer
shall review all application requests on behalf of the Town of Pacific.
B.
Purpose. The purpose of the application procedure is to provide the
background information necessary for the Town to perform an informed
review of the proposed activity. Review of an application is preliminary
and does not constitute permit authorization. Permits will only be
authorized subsequent to approval of a finalized application.
C.
Additional information. The Town reserves the right to request pertinent
information necessary for the adequate review and determination of
the work-in-right-of-way permit approval. The Town also reserves the
right to verify compliance of the proposed activities according to
all regulations in this article and other applicable codes.
D.
Requirements. An application for a work-in-right-of-way permit request
shall include, at a minimum:
(1)
The name of the permittee(s) who is directing, performing or otherwise
undertaking the work requested for the access permit. If a contractor
or other entity seeks a permit on behalf of a property owner for which
a permit is requested, the application shall be submitted upon signed
and notarized approval of the property owner.
(2)
The mailing address of the permittee(s) of the property for which
the work-in-right-of-way permit is requested.
(3)
The property(ies) address or tax parcel designation of the property(ies)
adjacent to the roadway.
(4)
The name(s) of the adjacent roadway(s).
(5)
Description of the type of work that is proposed and the proposed
use of the completed facilities, if necessary (existing and proposed).
(6)
Approximate date of proposed start of construction.
(7)
Approximate date of project completion.
(8)
A plan map shall be prepared with a North arrow and scale of not
more than one inch equals 100 feet with a reasonable degree of accuracy
that depicts the site conditions, neighboring features, and all proposed
facilities, if necessary.
(10)
Other state/federal permits (DOT, DNR, DOC, United States Army
Corps of Engineers, etc.).
(11)
Qualified contractor certification, as provided per Chapter 185, Contractor Certification, of the Code of the Town of Pacific.
(12)
Other information provided by the permittee that is necessary
for an informed review of the application request.
E.
Application fee. Applications shall not be reviewed unless the appropriate
application fee(s) is received. The Town of Pacific shall be the recipient
of all fees associated with work in town right-of-way permits.
(1)
The application fees for major right-of-way projects are included
in the Town's Schedule of Fees and may be updated from time to time.
[Amended 3-21-2023 by Ord. No. 2023-1]
(2)
In addition to the application fee, the permittee shall pay all costs
related to the Town's review, approval, inspections (if any) and enforcement
of the permit, if required and as necessary by the nature of the permit
request.
(3)
Any person proceeding in a manner requiring a work-in-Town-right-of-way
permit who fails to obtain such permit shall pay twice the permit
fee upon being brought into compliance, in addition to reasonable
engineering, inspection, legal or other costs incurred by the Town
as a result of the noncompliance.
F.
Recommendation. For each completed major right-of-way project permit
application, the Town Engineer shall provide a recommendation to the
Plan Commission for approval, conditional approval, or denial and
shall reference specific findings for that decision.
[Amended 3-21-2023 by Ord. No. 2023-1]
(1)
Application approved. A proposed activity may be approved pursuant to applicable standards and regulations set forth in this article. See Subsection G of this section.
(2)
Application denied. A proposed activity may be denied pursuant to
applicable standards and regulations set forth in this article and
also as determined by accepted engineering standards. The Town Engineer
may provide recommendations, where appropriate.
(3)
Application requiring additional information. A proposed activity,
or alternate recommended activity, may require additional information
necessary to adequately review and determine the approval status.
(4)
Application requiring professional design. The Town Engineer may
determine that a proposed activity, or alternate recommended activity,
may require additional information and submission by a registered
professional engineer in order for the Town Engineer to adequately
review and determine whether the application should be approved. The
Town Engineer's requirements for submittal by a registered professional
engineer may include the following:
(a)
Existing conditions plan of a scale of not more than one inch
equals 100 feet depicting at least existing site and surrounding area
conditions, features, neighboring properties, contours, property lines,
rights-of-way, and precise location of proposed amenities. Existing
conditions may also be noted on proposed site plan document when clarity
allows.
(b)
Large-scale regional topography relating to off-site drainage
or erosion.
(c)
Existing soil conditions and areas of significant slopes to
be provided on existing conditions plan or separate document. All
slopes greater than 10%, existing or proposed, to be noted. Proposed
slopes to be noted on proposed site plan or separate document. Drainagecourse
slopes to be noted in intervals not greater than 50 feet, if required.
(d)
Erosion control provisions provided on proposed site plan or
separate document on a scale of not more than one inch equals 100
feet.
(e)
Existing and proposed culverts to be located, with the size
and slope indicated, as necessary. Design calculations for proposed
culverts to be included as provided by TR-55/TR-20 methodology or
approved equivalent methodology, as determined by the Town Engineer.
(f)
Cross sections in locations as determined by the Town Engineer,
to include construction materials and specifications with cross section
or other documents.
(g)
Retaining walls to be noted on proposed site plan or separate
document, as necessary. Retaining walls may be included in cross section
as necessary. The type of material, size, shape, etc., to be provided.
Design calculations to be included.
(h)
The proposed plan information shall be accompanied by the seal
of a registered professional engineer, licensed within the State of
Wisconsin, along with a statement that he/she has complied with the
submittal requirements received from the Town Engineer relating to
the application being reviewed.
G.
Right-of-way permit issuance. Upon appropriate Town approval of the
proposed activity, a permit may be granted.
(1)
Plan changes. The Town Engineer shall be notified of any changes
to the plan approved in the application. Additional review information
may be requested by the Town Engineer in the application review process.
(2)
The Town Engineer reserves the right to impose other requirements
for the proposed activity prior to work-in-Town-right-of-way permit
issuance, based on reasonable protections of public health, safety
or specific Town ordinance(s).
(3)
The permittee is responsible for all reasonable Town costs incurred
in connection to a work-in-Town-right-of-way permit request.
(4)
Revocation. The Town or its designee reserves the right to revoke
a work-in-right-of-way permit, based on the following:
(5)
Inspection. After the driveway has been completed, a Town Board Supervisor
and/or the Town Engineer shall inspect the work to determine whether
or not it was constructed according to the plan(s) and is consistent
with the requirements of this article.
(6)
Duration. A work-in-Town-right-of-way permit, and its requirements
thereof, shall be active for the duration of the driveway construction
project, but shall not exceed one year without written extension approval
from the Town.
(7)
Extension. The Town or its designee may extend a work-in-Town-right-of-way
permit upon reasonable justification by the permittee in writing and
as authorized by the Town Engineer.
(8)
Disclaimer. The Town's issuance of a work-in-Town-right-of-way permit
does not constitute a determination that a proposed activity or construction
thereof is safe, suitable for use, or otherwise passable for the public.
(9)
Bonding.
[Amended 3-21-2023 by Ord. No. 2023-1]
(a)
Where the Town or its designee deems it necessary to secure performance
of the conditions of the work, the applicant shall be required to
secure the work via a bond in favor of the Town, consisting of at
least 1.20 times the estimated cost of the construction project.
(b)
The Town of Pacific requires licensed contractors to obtain a permit
before starting any work in the right-of-way of a Town road. The right-of-way
bond is to guarantee performance and completion of the project. It
also financially protects against damage to property or injury when
work is being done in the right-of-way.
(c)
Such bond shall remain in full force and effect for at least one
year past the date of completion of such project and shall be reviewed
periodically, as needed.
(10)
Bond exemptions.
[Added 3-21-2023 by Ord. No. 2023-1]
(a)
The following projects are exempted from the bond requirement:
[1]
Access/driveway construction for agricultural or residential zoned
property.
[2]
Driveway/access modifications for agricultural or residential zoned
property.
[3]
Work by Columbia County Highway Department within the right-of-way
as a part of road maintenance or repair.
[4]
Work commissioned by the Town of Pacific for roadway improvement,
maintenance or repair, including drainage projects.
[5]
Erosion control for one- and two-family home construction.
[6]
Mailbox installations.
[7]
Any individual utility project where land disturbance is less than
500 square feet.
[8]
Utility service connection projects to individual parcels in residential,
commercial or agricultural land use.
[9]
Right-of-way projects completed by or on behalf of municipalities
or other governmental entities.
[10]
Right-of-way projects completed by or on behalf of public service
providers, where an escrow is provided.
(b)
Qualified contractor certification. Private contractors that work
in the right-of-way are required to obtain qualified contractor certification,
regardless of a project exemption.
(11)
Bond provisions.
[Added 3-21-2023 by Ord. No. 2023-1]
(a)
The bond amount should be equal to 120% of the replacement cost of
the work in the right-of-way. Such bond is to be received by the Town
Clerk and shall be in the form approved by the Town Engineer.
(b)
A minimum bond amount shall be $2,000.
(c)
If a bond is provided by a surety company in lieu of a cash bond,
the bond must be issued by a surety authorized to conduct business
in the State of Wisconsin.
(d)
Multiple projects can be covered by a single bond for the total amount
of all projects rather than a separate bond for each project/permit.
General ordinance provisions for roadway and infrastructure improvements or alterations within the Town shall be followed, as provided in Article I of this chapter.
All permits issued or deemed issued under this article shall
be issued subject to the following minimum conditions:
A.
All activities undertaken under the permit shall conform to the application
and any conditions placed upon granting of the permit.
B.
The permittee shall give at least two working days' notice to the
Town Engineer prior to starting any work in the road. If a road will
be fully or partially closed for any duration of time by the work,
the permittee shall notify the Columbia County Sheriff's Department,
the Columbia County Highway Department, the local fire department(s)
and emergency medical service(s), as well as the Town Clerk.
C.
The permittee must receive written approval from the Town or its
designee prior to any modifications of the activity contemplated by
the permit.
D.
The permittee is responsible for repairing any damage, at the permittee's
expense, to any adjoining property.
E.
The permittee is responsible for locating and maintaining any existing
public utilities or structures located within the right-of-way and
repairing damage to such structures.
F.
No portion of the Town roadway shall remain out of service as a result
of the activity contemplated in the permit for more than 24 hours
without express prior consent of the Town.
G.
Where the work being performed is for the benefit of property abutting
upon the affected roadway, the permittee, on behalf of permittee or
the owner of such benefitted abutting property, authorizes the Town
to perform any work or operations necessary to bring the affected
roadway into conformity with the permit if the work is not completed
in a timely fashion, and further consents to the Town assessing the
cost thereof to the owner of such benefitted abutting property as
a special charge pursuant to § 66.0627, Wis. Stats.
H.
The entire cost of constructing and maintaining the facility during
construction shall be borne by the applicant. The applicant shall
maintain the facility after construction unless there is an appropriate
legal agreement with the Town to do otherwise. At a minimum, the agreement
shall address the Town's requirements for surety, acceptance of improvements,
and timelines as necessary for the construction improvements proposed.
I.
All costs related to the Town's review, approval, inspections (if
any), and enforcement of the permit shall be borne by the permittee.
J.
All road work must be completed within five working days of completion
of the project for which the road was opened.
K.
Permits shall be valid for a period of three months from the date
of issuance, and all work must be completed prior to the permit expiration
date. Upon application and good cause shown by the permittee, the
Town or its designee may extend the permit expiration date.
L.
The permittee shall comply fully with §§ 66.0425,
86.07(2), Wis. Stats., and all applicable Town ordinances.
M.
The permittee shall provide satisfactory proof of liability insurance
in such reasonable amount as determined by the Town Engineer in accordance
with the nature and extent of the work.
N.
No part of the permitted work shall be commenced until warning signs,
devices and methods adequate to protect the public are in place and
fully functional. Warning signs and devices shall be as specified
in the Wisconsin Manual on Uniform Traffic Control Devices.
O.
All excavation within the right-of-way shall be backfilled with suitable
granular material compacted in nine-inch lifts. The bottom portion
of the trench shall be compacted to 90% of maximum as measured by
the Modified Proctor Method. The top three feet shall be compacted
to 95%. The permittee agrees to make frequent inspections for settlement
and to be responsible for any such settlement. If requested, the permittee
shall provide compaction test results.
P.
Highway surfaces, slopes, shoulders, ditches and vegetation disturbed shall be restored to at least their original conditions. All construction, repair or reconstruction shall comply with the minimum standards set forth in Article V of Chapter 345, Road and Infrastructure Standards, of the Code of the Town of Pacific and/or as determined by the Town Engineer.
[Amended 3-17-2015 by Ord. No. 2015-6]
Q.
The work shall be carried out in a manner satisfactory to the Town
Engineer as to compliance with the conditions of this permit and all
local ordinances.
R.
Where special circumstances exist at the site where the work is contemplated,
the Town Engineer may impose additional reasonable conditions to assure
that the work is carried out in a manner consistent with Town engineering,
erosion control and environmental standards.
The permit requirements shall be inapplicable to public service
corporations or to any sanitary district or public utility district
when performing work in the public right-of-way necessitated by unscheduled
emergency repairs of damaged facilities or emergency services required
for public health and safety. Under such emergency circumstances,
such entity shall notify the Town Clerk and the Columbia County 911
Center of all roadway portions that will be disrupted no more than
one hour after such emergency repair commences. Such entities, under
circumstances not involving unscheduled emergency repairs of damage
facilities, are subject to the requirements of this article and other
applicable state and local requirements.
