[Added 3-11-1999 (Ch. 7, § 3m of the 1996 Code)]
A. 
Permit to be obtained: No person, partnership or corporation or his or its agents or employees or contractors shall make or cause to be made any opening or excavation in any Town road within the Town of Fulton without a permit therefor from the Town Clerk/Treasurer.
B. 
Emergency excavation. In the event of an emergency excavation for the protection of property, life, health or safety, and as authorized in § 376-35, the application for the street opening permit must be filed with the Town Clerk-Treasurer within two regular business days of the excavation.
The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Town Clerk/Treasurer, 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 the applicant proposes to use in doing the work. The Town Clerk/Treasurer shall determine if sufficient information is submitted.
The provisions of this article shall not apply to excavation work under the direction of the Town or to contractors performing work under contract with the Town necessitating openings or excavations in Town roads.
The permit shall be valid for a period of 60 days from the date of approval, except as provided for under § 376-32 for pavement replacement.
If operations have begun under an approved permit and will continue beyond the sixty-day validation period, the permittee shall apply for a sixty-day permit renewal by written request to the Town Clerk/Treasurer. Permit renewals shall be issued at the discretion of the Town Clerk/Treasurer.
All road work shall be performed in accordance with the current standard specifications for road openings specifically found in §§ 376-30 through 376-37. Any damage to grass-covered areas shall be restored to the condition prior to damage.
A permit shall be issued only upon condition that the applicant submit to the Town Clerk/Treasurer satisfactory written evidence that applicant has in force and will maintain during the period the permit is in effect public liability insurance not less than $500,000 per one person and $500,000 per one accident and property damage coverage of not less than $500,000.
A. 
Before a permit for excavating or opening any Town road or Town right-of-way or public right-of-way may be issued, the applicant may be required to execute and deposit with the Town a bond in the amount of $5,000, conditioned that applicant will indemnify and save harmless the Town of Fulton and its officers from all liability for accidents and damage caused by any of the work covered by the applicant’s permit and that the applicant will fill up and place in good and safe condition all excavations and openings made in the road and will replace and restore the pavement over any opening the applicant may make as near as can be to the state and condition in which the applicant found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Board for a period of one year and that the applicant will pay all forfeitures imposed upon the applicant for any violation of any rule, regulation, or ordinance governing road openings adopted by the Town 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 Town. Such bond shall also be guaranteed that if the Town shall elect to make the road repair, the person opening the road will pay all costs of making such repair and of maintaining the same for one year. Recovery of such bond for any accident, injury, or violation of law, ordinance, rule or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violations of law during the period of excavation for which it is given.
[Amended 12-11-2007]
B. 
An annual bond may be given under this article 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 Town Board as necessary to adequately protect the public and the Town.
C. 
Faulty work or materials shall be immediately replaced by the permittee upon notice by the Town Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a road opening permit. The Town shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.
D. 
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 Town in an amount determined by the Town Board.
E. 
Whenever the Town Board shall find that any such work has become defective within one year of the date of completion, it 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 Town Board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or his surety must, within the time specified, repair the defect or indemnify the Town for the cost of doing the work as set forth in the notice.
F. 
Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this article, and any and all sections thereunder, except that a public utility as defined within this article shall not be required to post the indemnity bond.
A. 
Every opening and excavation shall be enclosed with sufficient barriers, signing and such other traffic control devices by the permittee as may be required by the Town and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open-flame warning devices shall be used. Except by special permission from the Town Clerk/Treasurer, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying or left unfilled more than 500 feet from where the pipe or conduit has been laid.
B. 
All damage precautions shall be taken to guard the public protectively 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 Town in defending any action brought against it for damages, as well as costs 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.
C. 
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 the project. In the event that traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.
D. 
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 Town Clerk/Treasurer 24 hours prior to commencement of excavation of the location and extent of the excavation unless the excavation is an emergency excavation identified in § 376-35.
E. 
When the operations will result in the loss of any utility to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service by permittee unless the operations are part of an emergency excavation as defined in § 376-35.
A. 
Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavation shall be kept to the minimum possible and acceptable for the convenience and safe performance of the work and in accordance with all applicable codes and regulations.
B. 
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 road 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 Town Board or its designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.
C. 
Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the direction of travel.
A. 
All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Natural watercourses shall be kept clear or other satisfactory provisions made for road drainage.
B. 
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.
A. 
All backfilled 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 is unsuitable.
B. 
In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with the proper material hauled in.
C. 
When pipelaying has been completed in any road, all trenches shall be refilled with sand and/or gravel to a height not less than the present grade of said road at the time of the excavation and extending full length to the property line. Sand and/or gravel shall be used as fill for all trenches, and the last 12 inches of fill for the trenches shall be road rock or chips. In refilling the opening, the fill must be placed in layers of not more than nine inches in depth and each layer puddled and/or rammed to prevent after settling. If a permit holder shall neglect or refuse to have such work done immediately upon completion of the work involving the sewer and/or water connection or any other work requiring the excavation of the street, proper repairs or work will be done by the Town and the cost thereof charged to the permit holder.
D. 
Whenever an excavation crosses an existing utility, pipe or other structure, the backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary 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.
E. 
Mechanical compaction or puddling shall be used on all materials used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly compacted. Compaction or consolidation by flooding shall not be permitted. The earth must be puddled or laid in layers not more than 12 inches in depth and each layer hand rammed and tamped to prevent settling.
F. 
All excavations shall be subject to testing by the Town. Backfill 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.
G. 
When the sides of the trench will not stand perpendicular, sheeting and braces shall be used to prevent caving. No timber, bracing, lagging, sheeting or other lumber shall be left in any trench. At no time shall any road pavements be permitted to overhang the excavation.
It shall be the duty of the permittee to notify the Town Clerk/Treasurer 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 Town Clerk/Treasurer shall also be notified at least four hours prior to backfilling and/or restoring the surface.
A. 
Final repairs of the excavation and restoration of the road surface shall be the responsibility of the permit holder. The final repairs of the excavation and restoration of the road surface shall be completed within 60 days of the filling of the trench or as soon thereafter as conditions will permit. In the event that the requirements of this subsection are not complied with, the Town shall make the necessary repairs and the cost thereof shall be charged to the permit holder.
B. 
Backfill material shall be left below the original surface to allow for five inches of three-inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial road restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.
C. 
Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers with each layer compacted to 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.
D. 
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 3 1/2 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 no later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.
The Police Department must be notified before any street is entirely blocked, and when it is opened.
It is hereby understood that where a water service is installed, repaired or relayed in a separate trench where the work being done involves a water service only, the required fee shall be paid by the Town of Fulton Water Utility. This does not apply to the installation or repair of laterals not undertaken by the Water Utility.
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 Town road, public way or ground and his agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, healthy 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 Town officials immediately.
The Town may elect to make the pavement repair for any road opening, in which the cost of making such repair and of maintaining it for one year shall be charged to the person making the road opening. In the event such charges are not paid within 90 days of actual notice of the same having been furnished to the applicant and owner of the premises for which said permit was issued, it shall become a lien against that premises and thereafter be assessed and collected as a special tax.
[Amended 11-13-2007]
Any person who violates any provision of this article shall be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. Each day a violation exists shall constitute a separate violation. In addition, the court costs and costs of prosecution shall be assessed for each violation.