It is hereby declared necessary in the interest of public health, safety and welfare that the Town of Ottawa regulate the use of Town streets, highways and other public land in the Town of Ottawa, Waukesha County, Wisconsin.
[Adopted as § 8.02 of the 1987 Code]
All Town streets, highways and public lands are subject to the regulations of this article. Streets and highways as used herein shall include the entire public right-of-way, not only the portion that is paved, graded or gravel surfaced. Town streets, highways and other public land that is associated with a land division or with development of land shall also be subject to the requirements of Chapter 288, Subdivision of Land. In the event of a conflict between the requirements and procedures of this chapter and the requirements and procedures of Chapter 288, the most restrictive provision shall apply. In the event of dispute as to which provision is most restrictive, the Town Board of the Town of Ottawa shall determine which provision applies, and the Town Board's decision shall be final.
A.
No person other than authorized representatives of the Town of Ottawa, or persons authorized to do so by a valid permit issued by the Town, shall cause, permit or allow any person to:
(1)
Intentionally damage or cause intentional damage to be made to any physical property owned or leased by the Town of Ottawa.
(2)
Paint or cause painting to be done to any curbs, bridges, equipment, fixtures, trees, culverts, fences, walls, posts, lamps, poles, asphalt pavement or any buildings or materials of any type in the Town of Ottawa owned or leased by the Town of Ottawa.
(3)
Maintain or cause to be maintained any signs, posters, pictures or drawings on any curbs, bridges, equipment, fixtures, trees, windows, sidewalks, public highways, roads, streets, alleys, culverts, fences, walls, posts, lamps, poles, asphalt pavement or any buildings or materials of any type in the Town of Ottawa owned or leased by the Town of Ottawa.
(4)
Open any public street, highway or other public land within the Town of Ottawa, other than for the installation of approved driveway culverts, or erect, install, alter, relocate or modify any cables, wires, pole attachments, poles, conduits or other facilities in the right-of-way of the Town of Ottawa streets and highways or in public land owned by the Town of Ottawa for the purpose of facilitating the transmission of energy, fluids, gases or any other matter in whatsoever form, or cause the same to be done.
B.
Blank permit application forms approved by the Town Board shall be obtained from the Town Clerk. All applications for such permits shall be in writing and be filed with the Town Clerk. Satisfactory applications will then be forwarded to the Town Board or the Town Board's designee as established by the Town Board by separate resolution for signature. Every such application for a permit shall include the description of the street, highway or other public land upon which the proposed work activity is to occur and shall locate the proposed activity on such street, highway or public land. The application shall further show the length, width and depth of the proposed work activity in the Town street, highway or other public land, if applicable, and shall state the purpose for the work activity.
C.
A fee in an amount as established, from time to time, by the Town Board shall be charged for such permit and shall be deposited by the applicant with the Town Clerk at the time the application for such permit is made.
A copy of the permit and associated application documents shall be available at the work site for review by the permitting authority.
In the event the Town Engineer or a Town Board representative reasonably believes that the conditions of a permit have been violated, said person shall inform the Town Board. The Town Board shall provide the permit holder an opportunity to be heard regarding the alleged violation. In the event the Town Board determines that the permit has been violated, the Town Board may, together with other relief, revoke the permit and may direct the removal of the permit holder's facilities located on premises covered by this article.
When excavations are made in macadam streets or unpaved streets and alleys surfaced with gravel, they shall be made and filled in the following manner:
A.
The backfilling below the surface shall be done with gravel, sand or crushed stone, firmly compacted, and all earth, stone or other material excavated shall be hauled away by the person authorized to make the excavation, unless otherwise specified by the Town of Ottawa which shall be the final authority on acceptance of the excavation material for the use of backfill. In case of dispute, the decision of the Town Board shall be final and binding upon the parties affected.
B.
All such excavations shall be given a temporary blacktop surfacing two inches thick immediately following the completion of the refilling or backfilling.
A.
Unless expressly waived by the Town Board, no excavations shall be permitted in any paved streets. All excavation in paved streets shall be done by boring under the street surface in such a manner so as the surface of the street shall not be affected by the tunnel. Any settling of the street surface caused by said boring shall be immediately repaired by the permittee. All underground installations within the limits of any paved Town street or highway shall be completed by boring such that the existing pavement shall not be disturbed. Underground cavities or voids shall be filled with cellular concrete. All disturbed areas shall be restored to the satisfaction of the permitting authority. Any damage to the pavement shall be immediately repaired by the applicant and shall conform to the requirements of this article.
B.
After all reasonable efforts to complete the installation by boring have failed, and upon notification to the Town Clerk, the Town Board may grant permission to complete the permitted work by open cut methods. Where the operations of an applicant in any way damage or disturb the pavement surface, the following requirements shall apply:
(1)
The pavement shall be full-depth sawcut along lines parallel and transverse to the edge of street pavement. The sawcut shall be made one foot outside the wall of the trench at the widest point of the trench, such that the pavement shall be supported by a minimum of one foot of undisturbed earth. In the event that the sawed pavement edges are damaged during construction operations, the pavement edges shall be sawed again.
(2)
Within the limits of the pavement and five feet beyond the edge of pavement, the trench shall be backfilled to the appropriate elevation with aggregate slurry. A five-inch-depth asphaltic concrete pavement patch shall be placed in two one-and-three-quarter-inch-depth binder course lifts and one one-and-one-half-inch-depth surface course lift. The asphaltic concrete pavement shall conform to the requirements of the State of Wisconsin Department of Transportation Standard Specifications for Road and Bridge Construction (1989 edition) for binder and surface course (gradation No. 2 and 3). Roadway shoulders shall be restored with five-inch depth compacted limestone T.B. (gradation No. 3).
When opening any street surface or other public highway, it must be straight cut or sawed, all material for paving and ballasting must be removed with the least possible loss of surface material, and such material, together with that excavated from the trenches, or otherwise, must be placed where it will cause the least inconvenience to the public. All such materials must be so placed as to permit the free passage of water along the gutters or ditches. Any street or public highway upon which such opening is made must not be obstructed so as to interfere with the traffic thereon. No more than the necessary amount of the trench may be dug until the slant or junction piece to the utility is found. The backfilling must be compacted and paving and ballast must be replaced in as nearly the original condition as possible and to the satisfaction of the Town Engineer. When the sides of the trench will not stand perpendicular, sheeting and braces must be used to prevent caving. When caving occurs, all of the street or highway surface thus disturbed must be restored in the same careful manner as though it were originally excavated or trenched.
Slurry backfill shall be required for all future and existing paved or graveled surfaces, such as driveways, parking areas, shoulders, curb and gutter, sidewalks or streets, or within five feet of such surfaces. Excavated spoil material may be used in all remaining areas.
No additional fee shall be imposed for the initial inspection or final inspection of any act or installation performed pursuant to this article. All inspections will be done by the Town Engineer or other designee if otherwise established by the Town Board by separate resolution for the Town of Ottawa. For each other inspection beyond the initial inspection and final inspection necessary to determine compliance by the applicant with the conditions of the permit and with the provisions of this article, the actual cost of the same shall be charged to the person obtaining the permit. The permit holder shall pay the actual inspection fees within 30 days of the date of billing of these fees by the Town.
All restoration under this article shall be in accordance with the road specifications or utility specifications then in effect. In the event removed materials do not qualify for restoration, the applicant shall comply with the Town specifications with materials that do comply. At all times restoration shall be performed using "like-kind" materials (sod for sod, black dirt for black dirt, asphalt for asphalt, etc.) and proper compaction methods shall be utilized to prevent settling. Restoration includes the removal of any paint on the surface of the Town street, highway or right-of-way that was applied by the applicant.
Upon completion of the restoration, the applicant shall file a written notice with the Town Clerk. Upon receipt of the same, the Town Clerk shall notify the Town Engineer or other designee if otherwise established by the Town Board by separate resolution of the same, and said person shall verify whether the work is fully complete. The work shall be deemed to be complete as of the date that the Town Clerk receives the notice from the applicant, unless within 30 days the Town Engineer or otherwise-designated Town representative determines that the work is not done and so notifies the applicant. If the Town Engineer or otherwise-designated Town representative determines the work is not done, the work shall not be deemed to be complete until the work identified by the Town Engineer or otherwise-designated Town representative is completed, whereupon the applicant may file a new notice with the Town Clerk, subject to the same review procedures described herein.
In the event that the permitting authority finds the restoration to be unsatisfactory or that the restoration is not being completed in a timely manner, the Town may order those corrections be made within a specified five-day period. The Town shall have the right to complete emergency repairs without giving prior notice to the applicant. If the Town Board causes the work to be completed, the costs of said work shall be charged to the applicant. In the event that the applicant does not make payment within 30 days of the invoice date, the Town shall have the right to draw on the applicant's letter of credit.
Any person obtaining a permit as herein provided shall be responsible and shall be required to maintain and repair that portion of any public right-of-way in the Town whereon such opening is made for a period of one year from the date that completion is approved pursuant to § 280-15, above, and shall keep and maintain the right-of-way whereon the opening is made in the same condition as the remainder of the highway or public street whereon such opening was made. In the event that such repairs are not made as herein provided, the Town Board shall order the same made by the person obtaining a permit as herein provided upon five days' written notice. In the event such repairs are not made and the Town Board causes the work to be completed, the costs of said work shall be charged to the applicant. In the event that the applicant does not make payment within 30 days of the invoice date, the Town shall have the right to draw on the applicant's letter of credit.
A.
All necessary precautions shall be taken to protect the public from accident or damage to persons or property from the beginning to the end of the work. Every person opening any public street or highway within the Town must enclose each such opening with surface barriers. The applicant shall provide all necessary signs, flagmen, and lights conforming with the standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices.
B.
A minimum of one lane of through traffic shall be maintained at all times. By the end of each and every workday, restoration shall be completed such that a minimum of two traffic lanes shall be available for safe passage, and all driveways shall be available for safe passage. Flashers must be kept burning from sunset to sunrise, each light to be placed at intervals of 10 feet.
A.
The applicant, by performing the work, thereby agrees to indemnify and hold harmless the Town of Ottawa, its boards, commissions, officers, employees, agents, and assigns, from any cost, claim, suit, liability and/or award which might come, be brought, or be assessed, because of the issuance or exercise of the permit described herein, or because of any adverse effect upon any person or property which is attributed to the partially or entirely completed works of the applicant. Accomplishment of the permitted work, or any part thereof, by or on behalf of the applicant shall bind such applicant to abide by the requirements of this article and all of its conditions and provisions.
B.
The applicant shall be held liable for all damages, including costs incurred by the Town, in defending any action brought against it for damages and costs or any appeal that may result from the applicant's neglect in opening the public highway or street and in performing the work incidental thereto, including any claim for damages that may result to the Town by reason of the failure to keep the public street or highway in repair for a period of one year from the date that the opening is closed as provided for in § 280-17.
A.
Before a permit is granted, the applicant shall file with the Town of Ottawa a letter of credit or cash deposit setting forth terms and conditions in a form approved by the Town Attorney in the amount of $10,000 as a guarantee that the work will be completed with due care and skill, in accordance with this article, and that the required restoration and repair will be completed by the applicant. The letter of credit or cash deposit shall continue until released by resolution of the Town Board. If at any time the applicant is in default of any aspect of this article, or the applicant does not complete the work within the required time period (not to exceed 30 days unless specifically extended by the Town Board) or there are fewer than 60 days' time remaining on the letter of credit or cash deposit on file with the Town and the letter of credit or cash deposit has not been extended, renewed, or replaced, the applicant shall be deemed in violation of this article and the Town Board shall have the authority to draw upon the letter of credit or cash deposit.
B.
The letter of credit or cash deposit shall continue in effect until the one-year maintenance period described in § 280-17 has expired. The amount of the letter of credit or cash deposit may be reduced by resolution of the Town Board as improvements are completed by the applicant, provided that the remaining amount of the letter of credit or cash deposit is sufficient to secure completion of any remaining work and to protect the Town during the one-year maintenance period.
In the event of an emergency, a permit shall be obtained retroactive to the work activity. However, the permit application and the work shall conform in all other respects with the requirements of this article. If it is deemed by the Town Board that the applicant has misrepresented ordinary work activities as an emergency, the applicant shall be subject to a penalty as described in § 280-23 for each date that the work is conducted without a permit.
In the event a utility described in § 66.0425(6) of the Wisconsin Statutes, as amended from time to time, is performing the work by itself, the above-required letter of credit shall be waived to the same extent as described in said statute. In the event the utility has contracted the work to a private contractor, the letter of credit shall be required before the contractor shall be permitted to commence work operations.
In addition to the payment of all costs necessary to restore the project to the condition required by this article, and in addition to all other remedies that may apply, any person who shall attempt to commence any activity on a Town street, highway or other public lands covered herein without a permit, or who shall violate any other provisions of this article, shall be subject to a penalty of not less than $250 nor more than $500 for each day that the party is deemed to be in violation of this article. Each day that a violation occurs shall be considered a separate and distinct offense under the terms of this article. Failure to pay any penalty imposed by a court of law under this article shall subject the defendant to commitment in the county jail or other remedy as provided under Wisconsin law. Violation of this article is declared to be a public nuisance.