[Adopted 4-15-2009 by Ord. No. 132]
The purpose of this article is to regulate excavations in Town
highways and the installation of utilities above, under, or parallel
to Town highways in the interest of public safety, by assuring that
excavations and utility installations meet certain engineering safety
requirements; to reduce highway accidents; to promote the balanced
use of land for the mutual protection of landowners, motorists, and
citizens and residents of the Town of Algoma; and to enhance the appearance
of Town highways so as to make highway travel more pleasant and safe.
This article is adopted pursuant to the authority granted under
§§ 66.0425, 82.03, 86.04, and 86.07, Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Where a circular hole is drilled under the road without disturbing
the road surface.
All roadway rights-of-way owned by or under jurisdiction
of the Town of Algoma.
The cutting of a trench or an opening across a road surface.
The Town of Algoma acting through its Town Road/Drainage
Coordinator, Town Administrator or designee.[1]
The threading of an electrical or telecommunications line
into the soil by the use of a mechanical device specifically designed
for that purpose with minimal disturbance to the soil surface.
Electric, gas, gasoline, oil, telephone, water, and cable
television lines, pipes, sewers, or other devices designed or primarily
utilized for the transmission thereof over, across, under or parallel
to Town highways.
Any person, firm, limited liability company, corporation or
other entity seeking to place any obstruction, utility, or excavation
beyond a lot line or within a highway in the Town shall first apply
for and obtain a permit for such privilege from the Town of Algoma.
Receipt of a permit constitutes the assumption by the applicant of
primary liability for damages to person or property by reason of the
privilege. The applicant is obligated to remove an obstruction or
excavation upon 10 days' notice by the Town and waives the right to
contest in any manner the validity of § 66.0425, Wis. Stats.,
or the amount of compensation charged. The holder of privileges is
not entitled to damages for removal of an obstruction or excavation,
and, if the holder does not remove the obstruction or excavation upon
due notice, it shall be removed at the holder's expense.
A.
No excavation shall be made and no utility shall be installed, reinstalled
or reconstructed over, under, across or parallel with a Town highway
without the person, firm, corporation, limited liability company or
other entity seeking to install, reinstall or reconstruct the excavation
or utility first obtaining a permit from the Town Road/Drainage Coordinator,
Town Administrator or designee.
B.
Applications for permits to excavate in, install, reinstall, or construct
utilities shall be applied for with the Town Road/Drainage Coordinator,
Town Administrator or designee. at the Algoma Municipal Building (Town
Hall), 15 North Oakwood Road, Oshkosh, WI 54904, upon forms to be
provided by the Town Road/Drainage Coordinator, Town Administrator
or designee.
C.
Permits issued shall be subject to the provisions and conditions
of issuance set forth below and any other special provisions imposed
by the Town Road/Drainage Coordinator, Town Administrator or designee:
(1)
The applicant agrees to indemnify and hold harmless the permitting
authority, its employees and its agents from any cost, claim, suit,
liability and/or award which might come, be brought, or be assessed
because of the issuance or exercise of this permit, 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 permit and all
its conditions and provisions.
(2)
The permitted facilities shall, if necessary, be altered at the expense
of the applicant to accomplish alteration, improvement, or maintenance
of the highway as may hereafter be ordered. The entire cost of constructing
and maintaining the permitted facilities shall be the obligation of
the applicant unless a contract for such costs has been executed.
(3)
No open cutting for utility crossings will be allowed without specific
authorization by the permitting authority. At least one-way traffic
must be maintained at all times throughout the utility installation,
unless specific approval that states otherwise has been received from
the permitting authority.
(4)
When one-way traffic or a detour is used, the applicant shall provide
all necessary signs, flagmen, and lights required according to the
Wisconsin Department of Transportation Manual on Uniform Traffic Control
Devices.
(5)
All disturbed areas shall be returned to their original condition
or better, subject to the satisfaction of the permitting authority.
Access to all private drives and public street intersections shall
be maintained, and all disturbed areas completely restored.
(6)
Any trenching, tunneling, or excavating shall be performed in accordance
with the requirements of OSHA regulations and regulations of the Wisconsin
Department of Safety and Professional Services, and the Wisconsin
DOT policy for accommodation of utilities within highway right-of-way.
The applicant/permit holder shall notify the Town Road/Drainage
Coordinator, Town Administrator or designee prior to closure of any
permitted excavation so that inspection by the Town Road/Drainage
Coordinator, Town Administrator or designee may be made while installed
facilities are visible. The applicant/permit holder may close the
excavation upon approval of the Town Road/Drainage Coordinator, Town
Administrator or designee. or at the expiration of 72 hours from the
time the Town Road/Drainage Coordinator, Town Administrator or designee
receives notification of intent to close if no inspection has been
made.
A copy of the approval, along with any plans and special provisions,
shall be available on the job site.
Upon the completion of the permitted work, the applicant will
return to the permitting authority the completion certificate notice
provided to him at the time of permit approval. The Town Road/Drainage
Coordinator, Town Administrator or designee will then inspect the
completed work to ensure proper installation, closure, and restoration.
In case of emergency or short time constraints, the applicant shall
notify the Town of Algoma at (920) 235-3789.
Permit fees shall be established and may be modified from time
to time by resolution of the Town Board.
The location, design and installation of excavations or utilities
over, under, across or parallel to Town highways shall be in accordance
with any engineering requirements as are or may be promulgated, in
writing, by the Town Road/Drainage Coordinator, Town Administrator
or designee. The Town Road/Drainage Coordinator, Town Administrator
or designee may require plans and specifications and impose special
provisions. Copies of the permit, approved plans and special provisions
shall be available at all times on the job site.[2]
