[Amended 1-22-1990; 4-18-2005 by Ord. No. 05-13; 5-18-2009 by Ord. No. 09-29]
The purpose of this article is to regulate work being done within a Village right-of-way and to ensure public safety during any time such work is permitted. Nothing herein, in accordance with § 86.07(2), Wis. Stats., shall abridge the authority of the Village, the Village Administrator, or the Village Public Works Director, or designee, to make additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of streets and rights-of-way or for the health, safety and welfare of the public and to make the granting of any such permit conditional thereon.
For the purposes of this article, the following terms, phrases, words shall have the meaning:
- Any person making written application to the Village for a road opening or work in the right-of-way permit hereunder.
- BUSINESS DAY
- A day the office of the Village is routinely and customarily open for business.
- CEASE AND DESIST ORDER
- A court-issued order to halt activity that is being conducted without a valid permit.
- Any individual, corporation, partnership, association, trust, body politic or corporate or any other legal entity.
- Any street, highway, sidewalk, alley, avenue, or other public way owned, maintained or dedicated to the Village.
- STOP-WORK ORDER
- An order issued by the Village Engineer, or designee, which requires that all construction activity on the site be stopped.
Any person requesting to perform any of the following work within a Village right-of-way shall first obtain a permit from the Village:
Construction of any new public streets or public trails, paths or walkways;
Road openings for the installation of sanitary sewer, water and storm sewer laterals;
Grading or land disturbance within the Village right-of-way, that is not specifically exempt pursuant to Subsection B below;
Planting within a Village right-of way;
Temporary site access; or
The following work within a Village right-of-way does not require a work in the right-of-way permit:
Any work under the direction of the Village or by any contractor of the Village performing work for and in behalf of the Village necessitating openings or excavations in streets;
Any emergency work as determined by the Village Administrator, Public Works Director, or designee, the Village Engineer or the Village Police Chief; however, a permit shall be obtained pursuant to § 305-30; or
Any work within a county or state right-of-way; however, permits may be required from the county or state, respectively.
Protection of traffic. The applicant shall install and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon rights-of-way as little as possible. The applicant shall construct and maintain adequate safe crossings over excavations and across rights-of-way under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall not be less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Village Public Works Director, or designee.
Clearance for fire equipment and other emergency vehicles. The work in the right-of-way shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment or other emergency vehicles shall be kept free of piles of material or other obstructions.
Protection of watercourses. The applicant shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as he found them or shall make such provisions for them as the Village Public Works Director, or designee, may direct. The applicant shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The applicant shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped from excavations or resulting from washing or cleaning or other operations and shall be responsible for any damage resulting from his failure to so provide.
Sidewalk excavations. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over the excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times.
Protective measures. The applicant shall erect such fence, railing or barriers around the site of the excavation work in order to prevent danger to persons using the Village street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. If work is not completed by the end of the workday, any materials, structures or other obstructions or open excavations shall be adequately covered, barricaded. In addition, sufficient lights shall be provided during the night. No person shall remove or tear down the fence, railing or other protective barriers or any lights provided there for the protection of the public.
Attractive nuisance. No applicant shall suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children or which may be hazardous to their safety or health.
Care of excavated material. All material excavated from trenches and piles adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, the Village Public Works Director, or designee, shall have the authority to require that the applicant haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the applicant's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
Damage to existing improvements. Any damage done to existing public or private improvements during the permitted work shall be repaired by the applicant. Materials for such repair shall conform to the requirements of any applicable Village code or ordinance. If, upon being ordered, the applicant fails to furnish the necessary labor and materials for such repairs, the Village Public Works Director, or designee, shall have the authority to cause such necessary labor and materials to be furnished by the Village, and the cost shall be charged against the applicant.
Cleanup operations. As the work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the applicant and shall be completed to the satisfaction of the Village Public Works Director, or designee. From time to time, as may be ordered by the Village Public Works Director, or designee, and, in any event, immediately after completion of such work, the applicant shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within 24 hours after having been notified to do so by the Village Public Works Director, or designee, such work may be done by the Village Public Works Director, or designee, and the cost thereof charged to the applicant.
Breaking through pavement. Whenever it is necessary to break through existing pavement for excavation purposes, or where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided in each side of the excavated trench. A face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
Tunnels. Tunnels under pavement shall not be permitted except by permission of the Village Public Works Director, or designee, and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the Village Public Works Director, or designee.
Backfilling. Backfilling in any street opened or excavated pursuant to work in the right-of-way permit shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be backfilled by water settling shall be based upon such engineering practices and shall be made by the Village Engineer. The use of public water shall be paid for by the applicant on the terms agreed upon with the Public Works Department.
Backfilling by water settling. When backfilling is done by water settling, excavated materials above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be allowed to flow slowly to the trench from high spots and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled and shall be forced down through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such manner as to obtain a relative compaction through the entire depth of the backfill of not less than that existing adjacent to the excavation.
Dry backfilling. Backfilling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four inches in thickness. Layers that are power tamped shall not exceed six inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the top of the pipe before any additional backfilling is placed thereon.
Backfill material. Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench, and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-fourth-inch minus gravel. Broken pavement, large stones, and debris shall not be used in the backfill.
Backfilling at the surface. Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is unyielding. The surface shall then be graded as required.
Restoration of surface.
The applicant shall restore the surface of all streets broken into or damaged as a result of the excavation work to its original condition in accordance with the specifications of the Village Public Works Director, or designee.
The applicant may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The applicant shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Village Public Works Director, or designee.
If, in the judgment of the Village Public Works Director, or designee, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, the applicant shall lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.
Permanent restoration of the street shall be made by the applicant in strict accordance with the specifications prescribed by the Village Public Works Director, or designee, to restore the street to its original and proper condition or as determined by the Village Public Works Director, or designee.
Preservation of monuments. The applicant shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Village Public Works Director, or designee.
Trenches. Except by special permission from the Village Public Works Director, or designee, no trench shall be excavated more than 250 feet in advance of pipelaying nor left unfilled more than 500 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Village Public Works Director, or designee. No timber bracing, lagging, sheathing or other lumber shall be left in any trench.
Noise, dust and debris. Each applicant shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The applicant shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work any noise, dust and unsightly debris, and between 10:00 p.m. and 7:00 a.m. no excavation work shall be done, except by express written permission of the Village Public Works Director, or designee, or in case of an emergency as herein otherwise provided, with any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
No person shall commence any work in a Village right-of-way, as defined in this chapter, without first submitting a work in the right-of-way application together with the required application materials for review, paying the required permit fee and receiving a work in the right-of-way permit from the Village Public Works Director, or designee.
Content of a work in the right-of-way permit application shall include, at a minimum:
The name and address of the applicant;
The nature, location and purpose of the proposed work in the Village right-of-way;
The date of commencement and date of completion, and other data as may reasonably be required by the Village Public Works Director, or designee;
Plans showing the extent of the proposed work, including the location of adjacent property lines and limits of any easements;
Any proposed lane closures or detours;
Any additional information as requested by the Village Public Works Director, or designee; and
A liability insurance policy or certificate of insurance issued by an insurance company authorized to do business in the state shall be filed with the Village. The policy shall insure the person performing acts described in this section and the Village, listed as an additional insured party, in the sum of at least $1,000,000 for injury to one person and $1,000,000 for one accident and at least $1,000,000 property damage or in such other amounts as the Board shall determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this section.
Review of a work in the right-of-way permit and application materials. If the Village Public Works Director, or designee, determines that the work in the right-of-way permit application or plan is lacking the necessary information or is not in compliance with this chapter, the applicant shall be notified of the inadequacy. Within 10 business days of the receipt of the work in the right-of-way application, the Village shall review the application to determine whether the requirements of this chapter are met.
If the application materials comply with this chapter, the Village Public Works Director, or designee, shall approve the application, inform the applicant of any conditions of approval and issue the work in the right-of-way permit.
If the application materials are incomplete or do not comply with this chapter, the Village shall inform the applicant that further information is required. Upon receipt of the additional information, the Village shall again determine whether the work in the right-of-way plan meets the requirements of this chapter. If the application is still not approved, the Village shall inform the applicant in writing of the reasons for the denial.
Duration. Permits shall be valid for a period of 30 days or the length of a building permit or other construction activity authorized by the Village, whichever is longer, from the date of issuance. The Village Public Works Director, or designee, may extend the period one or more times for up to an additional 90 days, at no additional cost. The Village may require additional conditions to be satisfied, as a condition of the extension, if they are necessary to meet the requirements of this chapter.
Permit conditions. The Village Public Works Director, or designee, may place reasonable conditions on said permit to ensure compliance with this chapter and all other applicable federal, state and Village laws and regulations, including the standard provisions as provided listed below.
Traffic shall be allowed to pass and to be protected at all times. If it is not possible to allow traffic to pass, a detour must be preapproved by the Public Works Department. Notification must be three working days prior to commencement.
Traffic control devices shall be in accordance to the most current MUTCD "Field Manual." When a trail or roadway/driveway has been cut, appropriate signage must be kept in place and maintained until restoration is complete.
Notification shall be provided to the Village Fire & Rescue and Police Departments 24 hours prior to the commencement of construction, upon the morning of construction and when construction has been completed for any fire hydrants that will be obstructed during the construction.
Excavations shall be shored or sheeted, as required by OSHA, when necessary, to prevent the undermining of roadways, trailways, utilities, or for safety reasons. The stockpiling of excavated material shall not occur within the public right-of-way without proper traffic control.
Guy wires shall be freestanding and not be attached to any public or private appurtenances without written permission from the owner.
Flaggers and/or warning lights at night shall be furnished by the applicant whenever the work being done creates a hazard either to the traffic using roadway or the personnel engaged in the construction or when directed to do so by the Public Works Department.
The applicant shall replace any destroyed property monument corners with the services of a Wisconsin-licensed registered land surveyor.
The general provisions, specifications and Standard Plate #360 shall be considered as forming an integral part of each and every permit issued for operations within the Village. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state, county, and local laws. The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Village. If at any time it shall be found by the Village that the work is not being or has not been properly performed, the applicant, upon being notified by the Village, shall immediately take the necessary steps, at his own expense, to place the work in condition to conform to said requirements or standards.
Public right-of-way alignments and grades shall be maintained, unless otherwise authorized by the Village.
Unless otherwise approved by the Village, fiber optic facilities that cross Village utilities shall be buried in a solid ductile iron pipe no less than five feet on either side of the crossing. The exact horizontal and vertical location of the casing pipe shall be recorded on the "as-built" drawing of the construction plans; copper cable facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three feet deep and no more than four feet deep, and all other copper cable facilities shall be buried no less than 30 inches deep.
All underground facilities that cross streets or hard-surfaced driveways shall be bored. Natural gas lines do not need to be installed in conduit.
When utilizing trenchless installation methods to cross an area in which a Village utility is located or when directed by the Public Works Department, the applicant shall excavate an observation hole over the Village utility to ensure that the Village utility is not damaged.
If the project work involves open cut, the applicant shall install visual tracers of either 10-gauge wire or tracer tape at 12 inches over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the Public Works Department.
During plowing or trenching of facilities, a warning tape shall be placed at a depth of 12 inches above copper cables with over 200 pairs and all fiber facilities. A locating wire or conductive shield shall be installed above buried telecommunications facilities, except for dielectric cables.
Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation. The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents, or independent contractors. All levels of restoration include compaction of the materials in lifts placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in kind. Slurry shall be brought to bottom of the gravel of the approved street section. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. Compaction testing may be required as determined by the Village. Restoration of boulevards or parkways shall include a minimum or four inches of topsoil and either sod or seed, mulch, and matting as approved by Public Works Department.
All landscaped areas shall be replaced within two weeks of end of project with a minimum of four inches of screened and pulverized topsoil, seeded and covered with straw and mesh. Ditch lines need to be replaced immediately with erosion control matting. Any other landscaping damaged or excavated shall be replaced in kind.
All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs.
All aboveground appurtenances shall be located no closer than 10 feet to Village hydrants, waterline valves, manholes, lift stations or catch basins unless approved by the Village and shall not be installed in front of or within visual sight lines of any Village signs, monuments or amenities for facilities or parks. Minimum offsets from sidewalks and trails shall be two feet unless approved by the Village.
Underground facilities shall not be installed between a hydrant and an auxiliary valve. Underground facilities shall not be installed within five feet of hydrants, waterline valves, lift stations, manholes or catch basins where utility easements exist beyond the roadway surface area of the public right-of-way and space is available therein. No utility shall be constructed within four feet of the center line of a ditch. Where a road ditch exists, utilities will be installed no closer than four feet outside the center line of the ditch.
The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Wisconsin.
The applicant shall use diligence in the execution of the work authorized under this permit in order not to endanger the public or unnecessarily obstruct travel along any road or right-of-way. Operations shall be so conducted as to permit safe and free travel over the roads and trailways at all times within the limits of the work herein prescribed. The applicant, at his own cost, shall provide all safety measures for the free movement of traffic.
The applicant shall notify abutting property owners prior to commencement of any project work that may disrupt the use of and access to the abutting property.
All work under this permit shall be made in conformity with all applicable laws, regulations, and codes covering said installations. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public.
For all fiber installations, the applicant shall furnish a performance and payment bond in the amount to be determined by the Village that is required to ensure adequate and timely completion of repair. This bond or financial guarantee shall remain in effect for two years (one year for turf establishment) subsequent to completion of street repair to protect the Village from defects in material, workmanship or noncompliance with Village standards or specifications.
Except for the negligent acts of the Village, its agents and its employees, the applicant shall assume all liability for and save the Village, its agents and its employees, harmless and defend same at its sole cost and expense from any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses by the applicant, including but not limited to the placing, constructing, and reconstructing, maintaining, protecting and use of said facility under this application and permit for construction.
The utility facility and installations shall not interfere with any existing utility facility in the Village's right-of-way or easements. It is the responsibility of the applicant to call for timely, necessary locations of existing utilities.
The right-of-way permit for construction as issued does not in any way imply an easement or right to enter private property.
Finished surface, base and subbase of all disturbed surfaces upon completion of work shall be at least equal to or better than current Village specs for similar construction. New surfaces must match existing roads or trailways. Hard surfaces shall be replaced within 48 hours upon completion of slurry backfill.
Unless specifically permitted, the issuance of a work in the right-of-way permit does not grant the applicant the right to cut, remove, or destroy trees or shrubbery within the legal limits of the right-of-way or easements that are not specifically identified on the plan attached to this permit or relieve the applicant from obtaining any consent otherwise required from the owner of the property adjacent thereto. The applicant shall protect the root growth of significant trees and shrubbery within the public right-of-way adjacent thereto.
All waterways and overland drainage shall remain operative during the performance of the work. Proper erosion control shall be established and maintained throughout the construction and restoration. No silted construction water shall be discharged to either the street or to any storm sewer system. No excavation spoils shall be stored in any ditch, swale or other drainageway that may impede or alter the flow of stormwater.
No groundwater from construction shall be diverted to any sanitary sewers.
Pole anchors, anchors, braces or other construction may be permitted within right-of-way or easements and must be approved on a case-by-case basis.
Vehicles or equipment traversing roads or sidewalk surfaces shall not utilize studded or chained tires, caterpillar traction, or any other form of traction that will result in damage to the surface. The applicant shall be subject to municipal citations in the event that traction or chained tire equipment has been used on public roadways, curb and gutters, or sidewalks. In addition, the applicant shall be responsible for the restoration of the surface and base course of any streets, curb and gutter, and/or sidewalks damaged during excavation activities to the satisfaction of the Public Works Department.
Street and trailways shall be broomed and removed at the end of each workday, and affected rights-of-ways shall be broomed and removed after construction is completed and left in a neat and presentable condition. Any sediment or debris from improvement shall be removed from sanitary or storm sewer systems, including drainage swales and ponds, as needed. Public Works Department crews will broom and remove any debris not broomed and removed by the applicant at the expense of the applicant.
Burning operations and/or the use of chemicals to control or destroy trees, brush and other vegetation is prohibited without prior approval from the Fire & Rescue Department.
Wherever topsoil and sod are disturbed, they shall be replaced and maintained satisfactorily until the turf is established. Any turf that fails to be established shall be replaced and satisfactorily reestablished. Restoration of boulevards, parkways, and terraces shall include a minimum of four inches of topsoil and sod or seed, mulch and matting.
The following conditions apply to bituminous street and trailway restoration:
Curb and gutter shall be removed only after saw cutting at existing, nearest joints and replaced according to specifications or Standard Plate.
Bituminous pavement area shall be removed only after saw cut. Any damaged edges shall be saw cut prior to patching.
Sod shall be removed in boulevards and parkways and shall be replaced with minimum four inches of topsoil and cultured highland (nonpeat) sod.
Hot mix asphalt courses shall be replaced in kind from May 1 until asphalt plants close in the fall. Four inches of concrete shall be used temporarily when asphalt plants are not open.
All road markings shall be replaced no later than one week after asphalt patching.
Backfill for all road crossings or right-of-way openings shall be slurry. Slurry shall be replaced to the edge of the existing shoulder.
Roadway closures in accordance with Appendix B, Traffic Control for Street or Highway Work Zones, MUTCD.
Compaction in any trench or hole outside of any hard surface shall be 95% of Standard Proctor.
Any person who does not conform to the standard provisions specified above and any other conditions of the work in the right-of-way permit will prohibit said person from being approved for future permits until all standard provisions are complete.
A copy of the work in the right-of-way permit and approved plans (including approved detour plans) shall be kept on the work site while it is in progress and in the custody of the individual in charge and shall be presented upon request made by any Village official.
Any contractors or subcontractors performing work in the right-of-way shall be prequalified by the Village.
No person shall excavate or obstruct the public right-of-way after the date specified in the permit, unless the person obtains a new permit or signed permit extension before the expiration of the original permit. The permit is valid only for the area of the public right-of-way specified in the permit; no applicant shall do any work outside the area specified in the permit, unless approved by the Public Works Department.
If the obstruction or excavation of the public right-of-way begins later or ends sooner than the dates specified in the permit, the applicant shall promptly notify the Public Works Department.
The applicant is responsible for to coordinate project work and installation of facilities in co-locations with other public right-of-way users.
The applicant shall be responsible for any damage caused to any highways by the operation of his equipment.
Upon approval of the permit application, the applicant shall be issued a written permit with any applicable conditions. The permit shall be issued and the required fee as specified in this article shall be paid to the Village.
The permit fee is $150, except that a bulk work in the right-of-way permit may be obtained for utilities such as gas, electric and telephone for short extensions under 300 feet, individual residential services, for $150 per year and $30 for each job. However, said utilities shall pay a permit fee of $150 for any proposed open cutting of the road or for establishing service for a new subdivision or commercial project.
The applicant shall prosecute with diligence and expedition all work covered by the work in the right-of-way permit and shall promptly complete such work and restore the right-of-way to its original condition, or as near as may be, as soon as practicable and in any event no later than the date specified in the permit.
If the safety or convenience of the traveling public or the public interest requires that the work be performed as emergency work, the Village Public Works Director, or designee, shall have full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the applicant 24 hours a day to the end that such work may be completed as soon as possible.
In the event of any emergency in which a sewer, main, conduit or utility in or under any right-of-way breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining a work in the right-of-way permit, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for the required work in the right-of-way permit not later than the end of the next business day and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
The Village Public Works Director, or designee, shall make inspections as are reasonably necessary in the enforcement of this article.
The Village Public Works Director, or designee, shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article.
The presence of the Village Public Works Director, or designee, during the performance of any work shall not relieve the applicant of his permit responsibilities.
Acceptance or approval of any work by the Village Public Works Director, or designee, shall not prevent the Village from asserting a claim against the applicant for incomplete or defective work if discovered within 24 months from the completion of the excavation work.
Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the Village Public Works Director, or designee, within 60 days after new installations, changes or replacements are made.
Whenever the Village Board enacts any ordinance or resolution providing for the paving or repaving of any street, the Village Public Works Director, or designee, shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under such street or any real property, whether improved or unimproved, abutting such street. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in such street for a period of five years after the date of enactment of such ordinance or resolution. Such notice shall also notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Village Public Works Director, or designee, shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting such street for their information and to state agencies and Village departments or other persons that may desire to perform excavation work in such Village street.
Within 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduits or other utility installations. If any owner of real property abutting such street fails within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in such street shall be forfeited for a period of five years from the date of enactment of such ordinance or resolution. During such five-year period, no excavation permit shall be issued to open, cut or excavate in such street unless, in the judgment of the Village Public Works Director, or designee, an emergency as described in this article exists which makes it absolutely essential that the excavation permit be used.
Every Village department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in such street is directed to take appropriate measures to perform such excavation work within the forty-five-day period so as to avoid the necessity of making any openings, cuts or excavations in the new pavement in such street during such five-year period.
Stop-work order retraction. The Village Public Works Director, or designee, may retract the stop-work order or the revocation.
After posting a stop-work order, the Village Public Works Director, or designee, may issue a notice of intent to the applicant of the Village's intent to perform work necessary to comply with this article. The Village may go on the land and commence the work after 14 days from issuing the notice of intent.
Permit revocation. If any person or the applicant does not cease the activity or comply with the permit conditions within a reasonable time, the Village Public Works Director, or designee, may revoke the permit.
Cease and desist order. If the person, where no permit has been issued, does not cease the activity immediately, the Village Public Works Director, or designee, may request the Village Attorney to obtain a cease and desist order.
If any action of the applicant or any person is likely to result in damage to private properties, public facilities, or may cause harm to the public, the Village Public Work Director, or designee, may take emergency actions necessary to prevent such damage or harm.
The applicant is responsible for any costs incurred by the Village to bring the right-of-way or property into compliance with any orders. The Village shall mail an invoice for any such work to the applicant. All invoices shall be paid within 30 days. There is a penalty of 1.5% per month on the unpaid invoice balance, and there is an additional ten-percent penalty if the outstanding invoice. If applicable, interest and penalty will be placed on the tax roll (a lien against the property). The right of the Village to assess a lien against the property shall be one of the remedies available to the Village but shall not be the exclusive remedy. The Village may also sue for a monetary judgment for any invoices which are past due.
Forfeitures. Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
Other provisions of enforcement. Compliance with the provisions of this article may also be enforced by injunction, uniform citation procedure or other appropriate and available remedy. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunction proceedings.
This article shall not be construed as imposing upon the Village or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the Village or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work.