[Adopted as Secs. 6-2-3, 6-2-4 and 6-2-9 of the 1995 Code]
A.
Permit required. No person, partnership or corporation, or their
agents or employees or contractors, shall make or cause to be made
any opening or excavations in any public street, public alley, public
way, public ground, public sidewalk or Village-owned easement within
the Village of Fredonia without a permit therefor from the Village
Clerk.
[Amended 11-17-2022 by Ord. No. 2022-6]
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 Village Clerk, 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 applicant
proposes to use in doing the work. The Village Clerk shall determine
if sufficient information is submitted.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Exception. The provisions of this section shall not apply to Village
excavation work done under the direction of the Director of Public
Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 491-8G for pavement replacement.
E.
Renewal of permit. 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 permit renewal by written request to
the Village Clerk and payment of a renewal permit fee as set forth
on the Village's current Schedule of Fees, which is on file in the
Village office. Permit renewals shall be issued at the discretion
of the Village Clerk.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
F.
Village standards; fees.
(1)
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 491-8. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
(2)
Fee. The fee for a street opening permit shall be the amount set
on the Village's current Schedule of Fees, plus actual Village expenses.
Permit fees shall be paid to the Village Clerk, who shall issue receipt
therefor.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
G.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Village Clerk satisfactory written
evidence that applicant has in 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 Fredonia as the third party insured.
[Amended 11-17-2022 by Ord. No. 2022-6]
H.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement that he will indemnify
and save harmless the Village of Fredonia 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 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 Director of Public Works for a period of
one year, and that he will pay all fines of forfeitures imposed upon
him for any violation of any rule, regulation or ordinance governing
street openings or drainlaying 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 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 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.
(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 or surety bond to that effect with the Village
in an amount determined by the Director of Public Works.
(4)
Whenever the Director of Public Works 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 Director of Public Works 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 the work as
set forth in the notice.
(5)
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.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted between December 15 and March 15 except where
it is determined by the Director of Public Works to be an emergency
excavation.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers,
signing, and such other traffic control devices as may be required
by the Director of Public Works and in accordance with Part 6 of the
MUTCD. Sufficient warning lights shall be kept on from sunset to sunrise.
No open flame warning devices shall be used. Except by special permission
form the Director of Public Works, no trench shall be excavated more
than 250 feet in advance of pipe or conduit laying nor left unfilled
more than 500 feet from where pipe or conduit has been laid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
All necessary precautions shall be taken to guard the public effectively
from accidents or damage to persons or property through the period
of the work. Each person making such opening shall be held liable
for all damages, including costs incurred by the Village in defending
any action brought against it for damages, as well as cost of any
appeal, that may result from the neglect by such person or his employees
of any necessary precaution against injury or damage to persons, vehicles
or property of any kind.
(3)
Unless otherwise approved, a minimum of one lane of traffic in each
direction shall be provided. Every effort shall be made on the part
of the permittee to provide reasonable access to all properties adjacent
to his project. In the event traffic is limited to less than one lane
in each direction, a flagman or temporary traffic control signal shall
be provided by the permittee so as to safely cycle traffic in each
direction past the work area.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works, Village Marshal, or Village Clerk 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in § 491-8H.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Pavement removal.
(1)
Removal of existing pavement shall be to neat, straight lines. The
permittee shall make a final saw cut in the existing pavement after
backfilling. Excavations shall be kept to the minimum possible and
acceptable for the convenience and safe performance of his work and
in accordance with all applicable codes and regulations.
(2)
If the pavement is damaged during excavation beyond the original
saw cut lines, it shall be saw cut again along neat, straight lines.
The finished saw cut shall leave a regular rectangular section for
pavement replacement. Should the street opening occur within adjacent
or close to an existing patch or require more than one opening within
a short distance, the permittee shall identify and locate the existing
patches or additional openings on the permit application form. The
Director of Public Works shall, on the basis of an on-site inspection,
approximate the boundaries of the pavement replacement area.
(3)
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimension parallel with the curbline
or the direction of travel. Pavement replacement areas in concrete
pavements shall be parallel with or at right angles to the direction
of travel.
(4)
The Director of Public Works may order the permittee to remove and
replace up to one full lane width of pavement along the patched or
excavated area. Special care shall be taken with concrete pavement
to produce a vertical face on the existing concrete at the point of
the saw cut to insure a full depth of concrete at the joint.
D.
Excavation.
(1)
All excavated material shall be piled in a manner such that pedestrian
and motor traffic is not unnecessarily disrupted. Gutters shall be
kept clear or other satisfactory provisions made for street drainage,
and natural watercourses shall not be obstructed.
(2)
Excavated material to be used for backfilling of the trench must
be so handled and placed as to be of as little inconvenience as practical
to public travel and adjoining tenants.
E.
Backfilling.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic matter, boulders, rocks or stones greater than
eight inches in their greatest dimension, frozen lumps or other material
which in the opinion of the Director of Public Works, is unsuitable.
(2)
All excavation within the street, defined as back of curb to back
of curb, shall require slurry backfill to minimize settling.
(3)
In refilling the excavation, if there is not sufficient material
excavated suitable for refilling, the deficiency shall be made up
with material, approved prior to use by the Director of Public Works,
hauled in.
(4)
Whenever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to have
the various utilities locate and mark their facilities prior to excavation.
(5)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (twelve-inch maximum) shall be uniformly compacted
to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM-1557). Compaction or consolidation
by flooding shall not be permitted.
(6)
All excavations shall be subject to testing by the Village. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(7)
When the sides of the trench will not stand perpendicular, sheathing
and braces shall be used to prevent caving. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench. At no time
shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Director
of Public Works and all public and private individuals, firms and
corporations affected by the work to be done at least one business
day before such work is to commence. The Director of Public Works
shall also be notified at least four hours prior to backfilling and/or
restoring the surfaces.
G.
Pavement and replacement.
(1)
Backfill material shall be left below the original surface to allow
for four inches of three-inch crushed stone and four inches of 3/4-inch
crushed stone, plus the thickness of the required pavement structure.
If paving will not occur as part of the initial street restoration
operation, the balance of the opening to the original surface elevation
shall be backfilled with compacted 3/4-inch crushed stone.
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement or 3 1/2 inches, whichever is greater. Bituminous pavement
shall be placed in a maximum of a two-inch base layer and a 1 1/2-inch
top layer, with each layer compacted to a maximum density and shall
consist of Wisconsin Department of Transportation Gradation No. 1
for the binder course and Wisconsin Department of Transportation No.
3 for the surface course. The finished surface shall be smooth and
free of surface irregularities and shall match the existing pavement
and any castings or street appurtenances. Allowable deviations shall
be no more than 1/4 inch as measured with a ten-foot straight edge.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement, or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent spalling at the saw-cut
edge. The surface shall be evenly and completely sealed with a white
pigmented curing compound. The surface shall be protected from traffic
for a minimum of three days. Tie bars shall be installed as directed
by the Director of Public Works.
(4)
In emergency excavations during winter months when it is not possible
to replace the removed pavement with a like material, the excavation
shall be temporarily resurfaced with a minimum of three inches of
cold mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1st, except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
H.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley easement,
way or ground and his agents and employees may take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day and
shall notify the Director of Public Works, Village Marshal, or Village
Clerk immediately.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
I.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Village Board, the Director of Public Works shall
notify, in writing, each person, utility or other agency owning or
controlling any sewer, water main, conduit or other utility in or
under said street or any real property abutting said street, that
all such excavation work in such street must be completed within 30
days. After such permanent improvement or repaving, no permit shall
be issued to open or excavate said street for a period of five years
after the date of improvement or repaving unless, in the opinion of
the Director of Public Works, conditions exist which make it absolutely
essential that the permit be issued. Every effort shall be made to
place gas, electric, telephone and television cable lines in street
terraces.
All new vaults and cisterns under sidewalks shall be prohibited.
