§ 36-6. Excavations of streets, alleys, public ways and grounds.

(a)

Permit required.

(1)

Permit to be obtained. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or town-owned easement within the town without a permit therefor from the building inspector.

(2)

Public utilities. Any public utilities (i.e., municipal water, sanitary sewer, storm sewer, electric, gas, phone, cable, etc.) installed in town rights-of-way, easements or approved ways shall be made available to town residents as directed by the town board as a condition of approval of any street opening permit.

(3)

Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in section 36-7(h), the application for the street opening permit shall be filed with the building inspector within two regular business days of the excavation in accordance with section 36-7(h). If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee established by resolution shall be doubled plus any actual town expenses.

(4)

Surcharge. In addition to any permit fees or town expenses, a surcharge shall be levied for any street opening which is in, or disturbs, the paved portion of any public street, public alley, public way, public ground, public sidewalk or town-owned easement within the town. The surcharge shall be determined as follows:

Age of the Final Paving	Surcharge
New pavement to 1 year	5 times the permit fee
1 year to 2 years	4 times the permit fee
2 years to 3 years	3 times the permit fee
3 years to 4 years	2 times the permit fee
4 years to 5 years	1 times the permit fee
More than 5 years	No surcharge

 

(b)

Application for permit. The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the building inspector, at the time the permit is applied for, 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 building inspector shall determine if sufficient information is submitted.

(c)

Exception. The provisions of this section shall not apply to town excavation work done under the direction of the town board or town public works department.

(d)

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under section 36-7(g) for pavement replacement.

(e)

Renewal of permit. If operations have begun under an approved permit and will continue beyond the 30-day validation period, the permittee shall apply for a 30-day permit renewal by written request to the building inspector and payment of a renewal permit fee established by resolution. Permit renewals shall be issued at the discretion of the building inspector.

(f)

Town standards; fees.

(1)

Town standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and section 36-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

(2)

Fee. The fee established by resolution for a street opening permit plus actual town expenses shall be paid to the town building inspector who shall issue his receipt therefor. If the street opening is made prior to the receipt of an approved street opening permit from the building inspector, the application and review fee established by resolution shall be doubled plus any actual expenses.

(g)

Insurance. Prior to the commencement of excavation work, a permittee must furnish the town satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation, general liability insurance in an amount not less than $1,000,000.00 per person and $1,000,000.00 for property damage. This may be altered by the town board on small contracts. In the event the permittee claims to be self-insured, then he shall place on file with the town clerk-treasurer a certificate of self-insurance in the sums set forth in this subsection for personal injury and property damage and said permittee shall also execute to the town an agreement to indemnify and save harmless the town from any and all liability for claims, accidents or damages caused by reasons of operation under the permit, whether or not the same are caused by the negligence of the permittee, the town, or any other person, firm or corporation.

(h)

Cash deposit or letter of credit.

(1)

Before a permit may be issued for excavating or opening any street or public way where the estimated cost by the building inspector exceeds $500.00, the applicant will be required to execute and deposit with the town clerk-treasurer a cash deposit or letter of credit. If the road is paved with asphalt, the amount shall be $5,000.00. If the road is paved with concrete, the amount shall be $15,000.00. Both are conditioned that he will indemnify and save harmless the town and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the town board for a period of one year, and that he will pay all fines or forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the town board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the town. Such statement shall also guarantee that, if the town shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.

(2)

Faulty work or materials shall be immediately replaced by the permittee upon notice by the town. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The town shall repair the deficiencies and bill the permittee or property owner who receives benefit from the street opening for all labor, materials and equipment used plus 20 percent for administration. Failure to pay the bill within 30 days will allow the town to special assess the benefiting property owner per Wis. Stats. § 66.0627.

(3)

The person who does such restoration shall be responsible therefor for one year from the date of the completion of the work and shall file a written guarantee and cash deposit or letter of credit to that effect with the town in an amount determined by the town board.

(4)

Whenever the town board shall find that any such work has become defective within one year of the date of completion, it shall give written notice thereof to the contractor or to his surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the town board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or the town will have the work completed. The cost for such work will be taken from the cash deposit or letter of credit amount and any excess billed to the contractor and benefiting property owner. Nonpayment will be special assessed to property taxes of the benefiting property owner per Wis. Stats. § 66.0627.

(5)

An annual cash deposit or letter of credit may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the town board as necessary to adequately protect the public and the town.

(i)

Public utilities. All public utilities as defined in Wis. Stats. § 196.01 are hereby required to be bound by the terms and conditions of this section and section 36-7, any and all subsections thereunder, and shall post a cash deposit or letter of credit as stated in subsection (h) of this section.

(Prior Code, § 6-3-3)