[Adopted 4-13-1998 by Ord. No. 23]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Board has the specific statutory authority, pursuant
to § 61.34(5), Wis. Stats., to regulate, control, prevent
and enforce against in the Village of Greenville certain uses, activities,
businesses and operations by persons that may affect public peace
and safety in the Village of Greenville. Pursuant to § 61.34(1),
Wis. Stats., the Village Board of Trustees of the Village of Greenville,
Outagamie County, Wisconsin, hereby regulates the excavation of streets,
alleys, public ways, and grounds in the Village of Greenville, Outagamie
County, Wisconsin, as described herein
The purpose of this article is to provide for an orderly process
for the excavation of streets, alleys, public ways, and grounds, and
to protect the investment of the taxpayers of the Village of Greenville
in said streets, alleys, public ways, and grounds within the Village
of Greenville, Outagamie County, Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 ground, public
sidewalk or Village-owned easement within the Village of Greenville
without a permit therefor from the Public Works Director. The provisions
of this section do not apply to Village excavation work done under
the direction of the Public Works Director.
The application for a permit shall be in writing and signed
by the applicant or its agent. The Village of Greenville shall provide
a form, which shall be completed with as much detail as possible by
the applicant. As a minimum, the location and nature of the work,
and the method applicant proposes to use in doing the work shall be
provided.
[Amended 10-13-2014;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The fee for a street opening permit shall be in an amount as
set from time to time by resolution of the Village Board, plus actual
Village expenses. Permit fees shall be paid to the Village of Greenville.
A.
Permits shall be valid for a period of 90 days from the date of approval.
B.
Renewal. If operations have begun under an approved permit and will
continue beyond the ninety-day validation period, the permittee shall
apply for a thirty-day permit renewal by written request to the Public
Works Director. Permit renewals shall be issued in the discretion
of the Public Works Director.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All street work shall be performed in accordance with the current
standard specifications for street openings. Any damaged curb and
gutter, sidewalk or grass-covered area shall be restored to the condition
prior to damage.
A permit shall be issued only upon condition that the applicant
submit to the Village Clerk satisfactory written evidence that applicant
has in full force, and will maintain during the time the permit is
in effect, public liability insurance of not less than $500,000 per
one person, $500,000 for one accident and property damage coverage
of not less than $500,000. The policy shall name the Village of Greenville
as the third-party insured.
A.
Before a permit for excavating or opening any street, sidewalk, ditch,
alley or public way may be issued, the applicant must execute and
deposit with the Village Clerk an indemnity bond in the sum of $10,000
conditioned that the excavator will indemnify and save harmless the
Village of Greenville 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 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, normal wear and tear excepted, to the
satisfaction of the Public Works Director 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 Village 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 Village. Such statement shall also guarantee that if the Village
shall elect to make the street repair, the person opening the street
will pay all cost of making such repair and of maintaining the same
for one year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Faulty work or materials shall be immediately replaced by the permittee
upon notice by the Village. Failure to correct deficiencies shall
result in a one-year revocation of the right to obtain a street opening
permit. The Village shall repair the deficiencies and bill the permittee
for all labor, materials and equipment used, plus 20% for administration.
C.
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 or surety bond to that effect with the Village
in an amount determined by the Public Works Director.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Whenever the Public Works Director shall find that any such work
has become defective within one year of the date of completion, he
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 Public Works Director 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 indemnify the Village for the cost of doing work as set
forth in the notice.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
An annual bond 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 Village Board as necessary to adequately protect the public
and the Village.
F.
All public utilities as defined in § 196.01, Wis. Stats.,
are hereby required to be bound by the terms and conditions of this
section, except that a public utility as defined within these sections
shall not be required to post the $10,000 indemnity bond nor annual
bond.
[Amended 10-13-2014]
[Amended 10-13-2014]
Any person, firm, or corporation who shall violate any provision
of this article shall, upon conviction, forfeit an amount set from
time to time by ordinance in the Fine and Forfeiture Schedule of the
Village of Greenville.[1] Each calendar day the violation exists shall be deemed
a separate offense.
[1]
Editor's Note: The Fine and Forfeiture Schedule is on file
in the Village offices.
