[HISTORY: Adopted by the Common Council of the City of Oconto Falls 4-9-1996 (Ch. 90). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 194.
Driveways — See Ch. 214.
Streets and sidewalks — See Ch. 420.
Utilities — See Ch. 455.
To permit the protection of the public and the control, inspection and proper restoration of all excavations within the public streets, public alleys, public sidewalks, public grounds, public ditches, City or municipal utility system owned or occupied easements, or public rights-of-way, the City of Oconto Falls does ordain the following chapter.
As used in this chapter, the following terms shall have the meanings indicated:
EMERGENCY SITUATION
A circumstance with immediate harmful consequences to public health, safety, or property.
EXCAVATION
Any operation in which earth, rock or other material in or on the ground is moved, removed or otherwise displaced by means of any tools, equipment or explosives, and includes grading, trenching, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing, and pipe driving, within the public streets, public alleys, public sidewalks, public grounds, public ditches, City or municipal utility system owned or occupied easements, or other public rights-of-way.
MUNICIPAL UTILITY SYSTEM
A utility service provided by the municipality, its departments, commissions, or authorities, including but not limited to electric, water, sewer, and cable television services.
RESTORATION
The reestablishment of conditions existing prior to excavation with like kind, color, size, thickness and density of materials.
A. 
Permit required. Every person, partnership, or corporation, its agents, employees, or contractors, who or which engages in or is responsible for the preparation of plans and specifications for nonemergency performance of work, excavation, demolition, or opening of any public street, public alley, public sidewalk, public ground, public ditch, City or municipal utility owned or occupied easement, or within the public rights-of-way within the City of Oconto Falls shall first obtain a permit from the City Administrator - Clerk/Treasurer or designee. The permit shall be issued not less than three full working days prior to the start of the excavation or demolition.
B. 
Application for permit. The application for a permit shall be in writing on the form prescribed by the City and signed by the applicant, its agent, employee or contractor. The applicant, its agent, employee, or contractor shall submit to the City and its utilities sufficient information relating to the work to be done, including the general location and nature of the work and the method the applicant proposes to use in doing the work. The Administrator - Clerk/Treasurer or designee and Utility Manager shall determine whether sufficient information has been submitted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Staking of site. The applicant shall place a flag or other marker in the rights-of-way, public grounds, or City or municipal utility owned easement at the location of the proposed work to assist the City, its departments and municipal utility systems to evaluate the merits of the permit.
D. 
Fees. The permit fee shall be established from time to time by resolution of the Common Council.
E. 
Validity. Permits shall be valid for a period of 30 days from the date of issue.
F. 
Renewals. If operations have begun under an approved permit and will continue beyond the thirty-day validation period, the permittee shall apply for a thirty-day extension by written request to the City Administrator - Clerk/Treasurer. Application for the renewal of the permit shall be applied for prior to the expiration of the permit period. Permit renewals shall be issued at the discretion of the City Administrator - Clerk/Treasurer or designee. If operations have not begun under an approved permit, reapplication under Subsection A will be required.
G. 
Municipal liability. The issuance of a permit does not make the municipality, its employees, commissions or authorities liable for any private improvement made or placed within a public street, public alley, public sidewalk, public ground, public ditch, City or municipal utility owned or occupied easement, or within the public rights-of-way.
H. 
Diggers Hotline. A minimum of three days prior to undertaking any excavation, the installer shall call Diggers Hotline, its successors or assigns, to permit all private and public utilities to be properly located to protect them from damage.
A. 
All nonemergency excavations shall be accomplished during normal business hours Monday through Friday. No excavation shall be started on a Friday or the day before a municipal holiday. No nonemergency excavation shall be started after 2:00 p.m.
B. 
No openings in the streets, alleys, sidewalks, or public ways shall be permitted between November 15 and April 15 unless, prior to the commencement of any excavation, there has been a determination made in writing by the Administrator - Clerk/Treasurer or designee or Utility Manager or designee that there exists a situation requiring an emergency excavation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
All restoration work shall be accomplished within the time period in which the permit is valid subject to the requirements of § 233-11F, G and H.
The provisions of this chapter, with the exception of § 233-3H providing for notification of Diggers Hotline, shall not apply to excavation work under the direction of City departments, commissions, authorities or its employees.
Before a permit for excavation or opening any public street, sidewalk, alley, ditch, or public right-of-way, or City or municipal utility system owned easement may be issued, the applicant must execute an agreement that the applicant will indemnify and hold harmless the City of Oconto Falls, its various departments and commissions from all liability for accidents and damage caused by any of the work covered by the permit and that the applicant will fill and place in good and safe condition all excavations and openings made in any public street, sidewalk, alley, ditch, or public right-of-way, or City or municipal utility system owned easement.
A. 
No person shall undertake an excavation within a public street, alley, sidewalk, or public way without providing sufficient warning signs, devices and barriers to protect the public.
B. 
No person shall obstruct or cause to be obstructed in any manner any traveled portion of a public street, alley, or sidewalk unless permission is first obtained from the Administrator - Clerk/Treasurer or designee.
C. 
Any portion of a public street, alley, or sidewalk which is obstructed shall be signed and barricaded in accordance with the latest edition of the Wisconsin Manual of Uniform Traffic Control.
(1) 
Sufficient warning lights in accordance with the Wisconsin Manual of Uniform Traffic Control shall be in place and operating from sunset to sunrise. No open flame warning devices shall be utilized within the City.
(2) 
Any permits issued under this chapter shall be immediately revoked if the conditions of this section are not complied with.
D. 
No person shall undertake an excavation within a public street, alley, sidewalk, or public way without undertaking appropriate erosion control measures that are in accordance with applicable municipal ordinances, state statutes and state administrative codes. Such controls must prevent sedimentation from occurring in storm and sanitary sewers, drainage ditches, rivers and streams.
E. 
Except by special permission in writing from the Administrator - Clerk/Treasurer or designee, no more then 500 contiguous linear feet of trench shall be open at any time.
The over-large paint marks left after utility marking are a source of concern for the City. Marks made on curbs as well as beyond the pavement which will not be removed during construction have a tendency to remain in place for an indefinite time and are considered to be graffiti. All such utility markings are to be large enough and frequent enough as to be seen by the contractor but not so large as to become graffiti on the pavements, curbs, and sidewalks.
A. 
In emergency excavations required for the immediate protection of public health, public safety, property or in other situations deemed urgent by the Administrator - Clerk/Treasurer or designee, a permit shall not be required prior to the beginning of work.
B. 
Emergency excavations do not exempt excavators or their agents from contacting Diggers Hotline prior to the start of any excavation or complying with any other provisions of this chapter. A permit shall be obtained as soon as practicable, but in no event later then 72 hours after the excavation was begun. The request for the permit shall be accompanied with a full explanation of the emergency warranting the excavation.
A. 
No person shall propel or move or cause to be propelled or moved any heavy construction equipment or similar machinery having excessive loads or containing cogs, spikes, tracks, treads or other projections on the outer circumference of wheels or along any street or alley consisting of any material other than dirt, sand, or gravel without first having obtained written permission from the Administrator - Clerk/Treasurer or designee. The Administrator - Clerk/Treasurer or designee may grant permission in writing to propel or move heavy construction equipment or similar machinery over paved streets, alleys, or sidewalks that are paved.
B. 
No person shall propel heavy equipment, construction equipment, delivery trucks, or other similar vehicles and equipment across curbing lining any public street, alley or parking lot without protecting the curb from damage. Such protection shall consist of planking along the curb to an elevation similar to the top of the curb. The only location permissible for heavy equipment, construction vehicles, or delivery trucks to cross a curb shall be on the previously placed planking.
C. 
The Administrator - Clerk/Treasurer or designee shall designate in the permit the streets, alleys, sidewalks, or parking lots, or portions thereof, over or along which any such heavy construction equipment or similar machinery may be propelled or moved.
D. 
Regardless of whether or not a permit has been issued for the movement of heavy loads, or equipment containing cogs, spikes, tracks, treads, or other projections on the outer circumference of wheels along paved streets, alleys, sidewalks, parking lots, or curbing, the person or contractor propelling such equipment shall be liable for all repairs and damages caused by such actions.
A. 
Replacement of excavated material. All excavations made in paved areas in the public rights-of-way shall be backfilled as specified by the Administrator - Clerk/Treasurer or designee and compacted in twelve-inch layers with mechanical compaction equipment. The Administrator - Clerk/Treasurer or designee shall determine the appropriateness of backfilling the excavation with native materials or backfilling with other more suitable materials. Such decision shall be made by the Administrator - Clerk/Treasurer or designee upon inspection of the excavation, review of the condition of native soils, the type and granular size of the excavated materials, the type of underground facility being constructed or repaired, and knowledge of other conditions appearing elsewhere in the street. Should the Administrator - Clerk/Treasurer or designee determine that other than native excavated materials should be utilized as backfill, the permit holder shall be responsible for removal and hauling of the excavation spoils and procuring the specified replacement material. The backfill shall be either placed to grade or so placed to permit the thickness of pavement to conform to the existing paved surface.
B. 
Backfill specifications. All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater then eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Administrator - Clerk/Treasurer or designee, is deemed unsuitable.
C. 
Testing. All excavations shall be subject to testing by the City. Backfilled material that does not, in the opinion of the Administrator - Clerk/Treasurer or designee, achieve the desired compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.
D. 
Saw cuts required. All excavations in permanently improved streets shall be made by saw cut around the perimeter of the excavation. Any jagged edges or irregularities left by the person making the excavation will be resawed and a patch made accordingly at the expense of the party undertaking the excavation.
E. 
Unpaved areas. All excavations in areas of rights-of-way which are not paved shall be backfilled with natural material compacted in twelve-inch layers with mechanical compaction equipment. The natural material shall be placed to within four inches of the finished grade and the area shall then be filled with four inches of approved topsoil. The topsoil shall be raked to match the surrounding ground elevations and seeded.
F. 
Paved streets. In the case of an excavation made in a paved street, the Administrator - Clerk/Treasurer or designee shall specify the manner in which the street surface shall be restored. At a minimum, compacted backfill shall be placed within one inch of the surface of the street. A minimum of one inch of cold mix shall be placed to match with the surface of the street surrounding the excavated area. As soon as settling has taken place and weather permits, as determined by the Administrator - Clerk/Treasurer or designee, the cold mix shall be replaced with a thickness of hot mix bituminous material equal to that of the surrounding pavement by an authorized contractor, and the party taking out the permit shall be responsible for the cost of the repairs. Should the street contain a concrete base, a concrete base of like thickness to the surrounding pavement shall be placed prior to the finishing layer of hot mix bituminous material.
G. 
Sidewalks and driveways. In the case of an excavation made in a concrete sidewalk or driveway at a time of the year in which weather will not permit final restoration, the paved driveway and sidewalk shall be patched with cold mix. As soon as settling and weather permit, as determined by the Administrator - Clerk/Treasurer or designee, all previous concrete pavement shall then be replaced with concrete pavement to a depth equal to the surrounding concrete constructed in accordance with City specifications. The party taking out the permit shall be responsible for the cost of these repairs.
H. 
Defective pavement replacement. If the pavement excavation replacement settles or cracks within one year of the date of the permit, and if failure of the replacement is due to improper backfill or compaction, the pavement and backfill in the excavation area shall be removed and replaced to the extent directed by the Administrator - Clerk/Treasurer or designee at the expense of the party taking out the street excavation permit.
Obtaining of permits required by this chapter does not relieve the permittee from obtaining any other permit or permits required by statute, ordinance, or administrative rule for the work being undertaken.
A. 
Administration. It shall be the responsibility of the Administrator - Clerk/Treasurer or designee to administer and enforce this chapter. Items not specifically covered in this chapter shall be handled by the Administrator - Clerk/Treasurer or designee based on common municipal practices.
B. 
Failure to comply. The municipality, its departments, commissions, and authorities may refuse to furnish the service of a municipal utility system for failure to comply with this chapter and the rules and regulations of the municipal utility systems. If service is withdrawn by a municipal utility system for failure to comply with the rules and regulations of this chapter and if, therefor, state, county or municipal health regulations are violated, the violator may be prosecuted under other chapters of municipal ordinances.
C. 
General penalty. Any person who shall violate any provisions of this chapter shall, upon conviction, be subject to a penalty as follows:
(1) 
First offense: forfeiture of $250 together with costs of prosecution and restoration of the excavation to municipal standards.
(2) 
Second offense: forfeiture of $500 together with costs of prosecution and restoration of the excavation to municipal standards.
(3) 
Third offense: forfeiture of $1,000 together with costs of prosecution, restoration of the excavation to municipal standards and prohibition from future excavation work within the public rights-of-way of the City of Oconto Falls.