Town of Barton, WI Utility Accommodations

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Editor's Note: This ordinance was originally adopted as Ch. 240 but was renumbered to maintain the alphabetical organization of the Code.

The following rules, provisions, and conditions to perform utility services in the Town road rights-of-way shall be granted by permit and subject to the following rules, regulations and provisions that may be amended from time to time:

The applicant agrees to indemnify and hold harmless the Town, 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 the 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.

The permitted facilities shall, if necessary, be altered at the expense of the applicant to permit 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.

No open cutting for a crossing will be allowed where the pavement is too narrow to always maintain one-way traffic unless the Town has granted permission for a detour. Wherever the pavement is opened, the spoil shall be hauled away and the trench shall be backfilled with sand or gravel and compacted in layers. The pavement removed for a road crossing shall be replaced as per the Town specifications.

When one-way traffic or a detour is in place, the applicant shall provide all necessary signs, flagmen and lights required according to the Manual on Uniform Traffic Control Devices. When a detour is allowed, local newspapers shall be notified by the applicant in advance of the work being started.

All disturbed areas shall be returned to their present condition or better, subject to the satisfaction of the Town or its representative. Access to all private drives and public street intersections shall be maintained and all disturbed areas completely restored.

Any trenching, tunneling, or excavating shall be performed in accordance with the requirements of OSHA and the Wisconsin Department of Industry, Labor and Human Relations, and any applicable local regulations.

A copy of the permit, along with any plans and special provisions, shall be available for review on the job site.

Applicants are required to contact the Town and other governmental agencies who have authority to permit land disturbances on and off highway rights-of-way.

Upon completion of the work, the applicant shall file a completion certificate with the Town.

The applicant shall not remove any highway sign(s) or place any line within 18 inches of any existing post.

The depth of the underground facilities within the rights-of-way shall be a minimum of 30 inches as measured from the finished ground surface to the top of the facility. The depth of the underground facilities crossing the highway shall be a minimum of 48 inches as measured from a straight line connecting the lowest points of the finished pavement surface on each side of the roadway to the top of the facility.

Individual permits must be applied for on each county highway where the utility work will be carried out. At intersections of two county highways, where utility work on the intersection roadway is no greater than 350 feet from the adjoining roadway, only one permit application will be required.

Each use of a rights-of-way permit application shall contain adequate construction drawings and cross-sections showing the proposed location of the utility facility within the rights-of-way with respect to the existing highway or any proposed highway improvement, and all existing utility facilities shall be shown. The details shall include dimensions from the proposed utility installation to the center line of the roadway and to the commonly accepted rights-of-way line and the edge of the traveled way in rural areas and back of curb in urban areas; the proposed line depth shall also be stated on the drawings. The existing utilities are to be located on the drawing and dimensioned in the same manner as stated above. Detail drawings/cross sections shall show buried lines and/or, if applicable, if overhead clearance is required.

The applicant shall restore the rights-of-way to its previous condition. If restoration is not carried out in a timely manner, the Town may issue a notice setting forth a time frame by which the restoration must be completed. If the applicant fails to satisfactorily complete all restorations within the time established, the Town will arrange directly for all necessary restorations, and all costs associated with such restorations shall be the cost obligation of the applicant. The applicant agrees to pay any and all such costs within 60 calendar days from the date the Town sends the invoice for the services to the applicant.

The Town reserves the right to revoke and or nullify any permit(s) for any reason it sees fit and pursuant to Policy 96.07 of the Wisconsin County Highway Association Utility Accommodation Policy, which is adopted and incorporated herein.

If found noncompliant with any above-listed provisions, the applicant shall be responsible for restoration costs and/or corrective action.

These internal regulations are binding on the applicant's successors and assigns.

The applicant is responsible for contacting and coordinating utility location through Diggers Hotline before work commences. The ticket number the applicant receives from Diggers Hotline shall be indicated on the space provided at the top of the application for permit and the permit itself.

The permit approves installation of facilities at or within three feet of the highway rights-of-way line, it being the obligation of each applicant to determine the location of, and avoid damage to, the preexisting lines and facilities of others. If the above-assigned position is found unfeasible, an alternate orientation of facilities shall be proposed through a separate permit application. (This goes well with Diggers Hotline)

All utility pedestals, cabinets, transformers, guy wires, and other aboveground (i.e., not flush with the ground) structures located within the highway rights-of-way shall be adequately marked with appropriate locating devices to be visible in tall grass and snow accumulation. These markers shall be installed and maintained by the utility owner. The Town shall not be liable for damage done to aboveground utility structures that are not adequately marked.

The applicant shall notify the properties affected by the permitted work through delivery of door hangers or letters three working days, not including Saturday, Sunday, or holidays, prior to commencing work.