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:
BORING
Where a circular hole is drilled under the road without disturbing
the road surface.
HIGHWAY
All roadway rights-of-way owned by or under jurisdiction
of the Town of Algoma.
OPEN CUT
The cutting of a trench or an opening across a road surface.
PERMITTING AUTHORITY
The Town of Algoma acting through its Town Road/Drainage
Coordinator, Town Administrator or designee.
PLOWING
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.
UTILITY
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.
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.
In the event that any person begins excavation or installation
of facilities requiring a permit without first obtaining the permit,
the permit fee shall be doubled.