[HISTORY: Adopted by the Town Board of the Town of New Glarus 3-13-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 36.
Highway design standards — See Ch. 75.
No person, corporation, governmental body or public utility shall cause any excavation on any public right-of-way of the Town to be made for the purpose of installing any sewer line, water pipe, gas pipe, electric distribution or transmission line, telephone or telegraph transmission line, buried conductors, television cables, utility poles or any excavation without first obtaining a permit for such excavation from the Town Clerk, except as provided in § 181-8. Contractors doing work for the Town of New Glarus on Town roads or roadways are exempt from required fees.
A. 
No person, corporation, governmental body or public utility shall cause any excavation required for the above-stated purposes on or within any private right-of-way without first obtaining an application form signed by the Town Clerk certifying compliance with Town of New Glarus ordinances (fees exempted).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Town of New Glarus residents who have paid new driveway fees and who follow Town driveway ordinances for the construction of their new driveway shall be exempted from paying fees under this chapter when constructing their new driveway.[2]
[2]
Editor's Note: See Ch. 36, Driveways.
A. 
A permit shall be issued only if the applicant submits evidence to the Clerk that he is covered by public liability insurance in the following minimum amounts and that such insurance protects the Town from all claims:
(1) 
Personal injury: $1,000,000;
(2) 
Property damage: $1,000,000; and
(3) 
One person, one accident: $500,000.
B. 
The evidence of insurance shall also provide that the Town be notified at least 10 days prior to cancellation or expiration of the insurance.
The applicant shall submit to the Town Clerk, at the time the permit is applied for, sufficient information on the proposed work to enable the Town Board to properly evaluate the work to be done. The Clerk shall determine whether sufficient information has been submitted, such information to include at least the following:
A. 
Where the proposed opening is less than 20 square feet in area or less than 30 feet in length, the applicant shall state the nature and location of the work, the reason for the work and the proposed method of doing the work.
B. 
Where the proposed opening exceeds 20 square feet in area or 30 feet in length, the applicant shall submit in triplicate a plan or sketch of the proposed work showing the location, nature, reason and method of doing the work.
The applicant shall submit to the Town Clerk at the time the permit is applied for a cash or bond deposit conditioned to guarantee the restoration of the surface of such right-of-way as may be disturbed by the proposed excavation, unless the required deposit has been waived by the Town Board. The applicant shall be responsible for the surface restoration or the cost of such restoration.
A. 
Deposit. The amount of the required bond/letter of credit or cash deposit shall be as follows: $1,000 minimum or a per-square-foot deposit per the Town of New Glarus Fee Schedule (whichever is larger).[1] All invoices by the Town Engineer that are billed to the applicant must be paid in full before the letter of credit/cash deposit will be released.
(1) 
Utility poles: no bond required.
(2) 
Transmission towers: $1,000 each.
[1]
Editor's Note: See Ch. 55, Fees.
B. 
Use of deposits. The Town may use all of such deposits to pay the cost of any work the Town performs to restore or maintain the public place as herein provided. If the applicant fails to perform such work, the amount refunded to the applicant shall be reduced by the amount expended by the Town plus 25% of such cost for general overhead and administrative expenses.
C. 
Release of cash deposit or bond. All restoration work shall be guaranteed for a period of one year after completion of the same. Upon completion of the work in a satisfactory manner, but not sooner than 12 months thereafter, the deposit shall be refunded, unless sooner released with the approval of the Town Board. The permit fee of $75 is not refundable.
D. 
Public utility companies. Where excavations are made by public utility companies covered under § 66.0425(6), Wis. Stats., a permit may be granted without such deposit. It is further provided, however, that the Town may, in the future, require such deposit from any such utility if a bill rendered in accordance with § 181-14 remains unpaid 30 days after date of billing.
E. 
Annual deposit. The option of paying an annual fee of $10,000 requires that an applicant maintain the level of $10,000 throughout the year of application. The Town may deem it necessary to use any of the deposit to repair, replace, or maintain previously constructed projects during the application period. The Town shall inform the applicant of the amount necessary to restore the annual fee to $10,000. No additional work can be allowed until fee is restored.
If work is not commenced within the time period specified in the permit, the permit shall automatically expire and a new permit shall be obtained and an additional fee charged. The Town Board may extend the time limit for sufficient cause.
A. 
Notice required from the applicant shall be as follows:
(1) 
To affected persons. The applicant shall notify all public and private individuals, firms and corporations affected by the work at least three working days before such work is to start.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
To Town Clerk. The applicant shall notify the Town Clerk at least three working days prior to the commencement of work and again at least 24 hours prior to backfilling or restoring the surface.
B. 
All excavations shall be preceded by a Digger's Hotline inspection, review and marking completed not more than two weeks prior to beginning the project.
When an immediate excavation is necessary for the protection of public or private property, health, or safety and Town offices are closed, the permittee shall report to the Sheriff's Department, which shall grant permission to make the necessary excavation upon the condition that an application be made in the manner herein provided within one working day. The permit applicant shall make a reasonable attempt to notify Digger's Hotline and any utilities anticipated to be present in the area.
Whenever it is necessary to remove road pavement for installation of new facilities within five years of the construction of the pavement, the applicant shall pay and forfeit as damages to the Town the following charges based upon the unit prices as established by the Town Board for the year in which the opening is made, such charges to be in addition to the restoration costs incurred by the applicant:
A. 
First year: 50% of the unit price.
B. 
Second year: 40% of the unit price.
C. 
Third year: 30% of the unit price.
D. 
Fourth year: 20% of the unit price.
E. 
Fifth year: 10% of the unit price.
No trench excavation shall remain open (without trench backfilled and asphalt repaired) in excess of three calendar days, unless permission is obtained from the Town Board or its designee prior to the third day. For each day or fraction thereof the excavation remains open in excess of three days, the applicant shall pay the Town $1,000.
The following procedures shall be observed in all road excavations:
A. 
Personnel allowed to perform work. Asphalt patching must be performed by a bona fide paving company that is approved by the Town. Others may take out the permit but they must identify which paving company will perform the work at the time they apply for the permit.
B. 
Safety. Any contractor excavating a trench or performing any utility or other work must provide flag persons and other traffic controls to ensure public safety.
C. 
Excavating. The trench shall be saw cut and shall be excavated to a sufficient width and depth to permit the repair or installation of the utility, using special care to avoid damaging existing cables, conduits or pipes. All work shall be done to conform to all applicable federal, state, and local safety standards. All refuse and excess excavated material shall be removed from the road limits as the work progresses and shall not be deposited on the site.
D. 
Erosion control. Applicable state and Town regulations shall apply. A separate Town erosion control permit (including plans and bond) will be required, depending on the scope of the project. Any material tracked or deposited on any public roadway must be removed immediately.
E. 
Maintenance of hard surface opening.
(1) 
General. The applicant shall backfill the openings with 12 inches of compacted crushed stone immediately upon completion of the underground work. After 24 hours, crushed stone will be removed to the depth of the existing asphalt, and the opening will be topped with not less than three inches of bituminous concrete, in accordance with Town road standards. Open gravel trenches are not permitted for more than three days, unless specifically authorized by the Town Board.
(2) 
Asphalt placement procedures. The contractor will replace the asphalt surface in accordance with the following procedures. The contractor will:
(a) 
Contact the Town Engineer's office and the Town Clerk in writing a minimum of 24 hours prior to backfilling and asphalt patching for on-site inspection to guarantee conformance with Town requirements.
(b) 
Perform a full-depth saw cut outside the cut made to construct the original trench, as determined by the Town Engineer.
(c) 
Remove slurry and other materials to at least the depth of the original asphalt and compact the base material prior to placing asphalt.
(d) 
Place the binder layer of asphalt at the depth of the original binder layer, or to a greater depth if required by Town Engineer. (The binder layer is to provide additional support for the surface layer.)
(e) 
Place the surface layer of asphalt at the depth of the original surface layer (or a minimum of 1 1/2 inches). As an option, the contractor may use surface material for the binder layer, with the approval of the Town Engineer. Asphalt surfaces adjacent to manholes and valve boxes must be 1/2 inch higher than the rim to prevent subsequent damage from snowplows.
(f) 
Use hot mix for asphalt patches when it is available. Winter mix will only be permitted for temporary patches when asphalt plants are closed. Winter mix is considered temporary and must be removed and replaced (as previously specified, within 30 calendar days of the time when hot mix becomes available).
(g) 
Compact the individual layers of asphalt with a vibratory compactor to attain density level specified by the Town. Use of plate compactors is permissible only around valves, manholes, etc. The Town may require the contractor to take density readings on the asphalt patch. If the results do not meet Town standards, the Town was not notified to inspect the installation, or there are questions and concerns regarding construction, the Town may require the contractor to core the patch to ensure compliance or replace the patch, all at the contractor's expense.
(3) 
Final restoration. The final restoration shall consist of the following steps in restoring the pavement and impacted area to equal or better than original condition:
(a) 
Restoration of openings in other than hard-surface areas. All surfaces or subsurfaces of areas other than hard-surface areas as may be disturbed in any road right-of-way excavation shall be replaced in substantially the same condition as it was prior to such disturbance. All work, including restoration, must be completed within 30 calendar days of the date of issuance of the permit unless extended in writing by the Town. Black dirt sodding or seeding shall be completed within 30 days in growing season, or as soon as practical the next spring.
(b) 
Backfilling. Backfilling shall be done with due care in a workmanlike manner according to approved methods so as to prevent the settling of the facility. In all roads, alleys, sidewalks, or other public ways, whether improved or unimproved, all excavated material shall be removed and the trench shall be completely backfilled with granular material (native or imported). The material shall be free from sod, stumps, logs, and other perishable or deleterious matter. All granular fill material shall be laid in 12 inches lifts or less. Fill materials in trenches shall be consolidated as follows: within three feet of the surface, 95% of maximum dry density; below three feet from the surface, 90% of maximum dry density. Backfill material beneath nonpaved areas in any roadway shall be consolidated to a compaction density of a minimum of 90% maximum dry density as determined by the Modified Proctor Test (ASTM D1557). Any backfill found to be deficient in meeting the mechanical compaction specification shall be excavated and reconsolidated at the contractor's expense. Costs for retesting backfill consolidation found to be deficient shall be assessed to the contractor. Native backfill (if granular) may be reused only if approved by the Town Engineer. Native backfill used in roadway trenches must be compacted as described above. The top 12 inches of roadway trench is to consist of 3/4 inch of compacted crushed stone. The top three inches of compacted crushed stone shall be removed and replaced with asphalt as described in Subsection E(2), Asphalt placement procedures, within three working days.
The applicant shall provide and maintain proper barricades, signs, and flagmen at all locations where construction and maintenance work interferes with normal pedestrian or vehicular traffic use of the road or walkways, etc. All markings and signing provided for traffic control and safety purposes shall conform to the standards and specifications of the current issue of the Wisconsin Manual of Traffic Control Devices, as may be applicable. The permittee or contractor must submit a basic traffic control plan for approval by the Town Board.
If the applicant should fail to restore the surface of the road or any area within the right-of-way or construction area to its specified condition within seven calendar days of being notified to do so, without written approval for extension, the Town Board, if it deems it advisable, shall have the right to do all the work and items necessary to restore the construction site. The applicant shall be liable for the actual cost thereof plus 25% of such cost for general overhead and administrative expenses. The cost of said work shall be deducted from the cash deposit or bond, where applicable, or billed directly to the utility company involved. Should the cost of repairs exceed the cash or bond limits held, the additional amount shall be billed to the applicant. No additional permits of any kind shall be issued to the applicant until such invoices are paid in full.
It shall be the duty of the applicant to guarantee and maintain the site of the excavation for one year after restoring it to its original condition and official acceptance of the project.
In connection with issuing the permit, responsible Town officials will provide the applicant with the most recent issue of the road opening permit form, a sketch of asphalt repair details, and a copy of "Highway Design Standards" which reflects the above information.
For the purpose of administering the provisions of this chapter, each applicant shall pay to the Town Clerk the following permit fees: see Fee Schedule and permit application form.[1]
A. 
Permit fee: per Town of New Glarus Fee Schedule.
B. 
Utility poles: per Town of New Glarus Fee Schedule.
C. 
If the applicant for a permit starts work on an excavation in the public right-of-way before a permit is issued for the same, the above permit fees shall be doubled. This shall not apply to emergency work under § 181-8.
D. 
If any public utility adopts a program for replacement of aboveground facilities with underground facilities and applies for a permit therefor, no fee shall be charged to the utility for the replacement project. The utility exempted shall conform to the other provisions of this chapter and other Town ordinances.
E. 
Nothing herein waives the Town's right to require utilities to be relocated at the permittee's expense when public rights-of-way are required to be relocated.
[1]
Editor's Note: See Ch. 55, Fees.