§ 74-10. Excavations in public rights-of-way.

When any work to be performed within any Village of Mukwonago right-of-way or public grounds, or within any right-of-way under the State of Wisconsin or county jurisdiction when utilities, sidewalks or trails under the jurisdiction of the Village of Mukwonago are present, the following regulations shall apply:

(a)

Application and issuance of excavation permits.

(1)

No person shall make or cause to be made any excavation in or under any public right-of-way, street, alley, public grounds or sidewalks in the village without first obtaining a written permit.

(2)

Application. All application shall be in writing upon forms which the director of public works or designated representative shall provide and shall include the name of the owner and the description of the property on which the work is to be done, along with such pertinent information as the director of public works or designated representative may require and shall state that the property owner and the applicant will be bound by and subject to the provisions of this chapter.

(3)

Issuance, term, suspension and revocation. When the director of public works or designated representative is satisfied that the work proposed by the applicant can be done in conformity with this chapter and after the appropriate fees have been paid to the village, the director of public works or designated representative shall issue the permit. Such permit shall be good for the continuous performance of the work named thereon. A permit shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for same and shall automatically expire on completion of the work for which it was issued, provided the director of public works or designated representative may, upon notice, suspend or revoke such permit for violation of the provisions of this chapter. Applications for work within the right-of-way will be reviewed to confirm that placement of any proposed utilities meet the following standards:

a.

Above ground utilities shall not be located within the driveway vision triangle. Vision triangle is defined as a triangle formed by connecting a point at 15 feet along the edge of the roadway pavement and 15 feet along the driveway pavement as measured from the intersection of the driveway pavement and the roadway pavement. No obstructions shall be permitted in this area above the height of three feet.

b.

Above ground utilities and all associated supports and/or foundations shall be a minimum of four feet from the back of curb in urban cross sections and 12 feet from the edge of road pavement in rural cross sections unless the location is pre-approved by the director of public works.

c.

Any private utility and all associated supports and/or foundations shall be a minimum of ten feet horizontal distance from a public utility, or if the public utility is located underground a minimum horizontal distance equal to the depth of the public utility below adjacent surface, whichever horizontal distance is greater.

d.

The above ground utility shall not materially impede the flow of storm water within the ditch line or at outlet/inlet structures as determined in the reasonable discretion of the director of public works.

e.

Applicant shall provide a hold harmless agreement to protect the Village against any damage that results from the collapse of the above ground utility and the granting of this permit.

f.

If the height of the above ground utility is greater than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure, the applicant shall submit an Engineer's Certificate. The certificate shall show that the above ground utility is located/constructed such that the fall zone is less than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure.

g.

All private utility infrastructure located within the right-of-way shall be removed upon abandonment of the equipment.

(b)

Insurance and bond.

(1)

Insurance. The person doing the work contemplated by this section shall save the village harmless from any claim or demand for damages and shall file a certificate of insurance with the director of public works giving evidence of liability insurance in the minimum amount of $1,000,000.00 bodily injury and property damage aggregate, naming the village and its employees as additional insured on a primary and noncontributory basis. Such insurance shall not be canceled or reduced without the insurer giving 30 days' prior written notice to the director of public works. Cancellation or reduction of insurance shall automatically suspend the permit, and no further work shall be done under such permit until a new certificate of insurance complying herewith is filed with the director of public works.

(2)

Bond. Except for public utilities, a financial guaranty in the amount of $5,000.00 in the form of cash or a letter of credit shall be deposited or filed with the engineering services division prior to the issuance of the permit required in subsection (a)(3) above. The financial guaranty may be used to complete restoration to the satisfaction of the director of public works or designated representative. The financial guaranty shall not relieve the applicant of responsibility for all costs to restore the excavated area to the satisfaction of the director of public works or designated representative.

a.

Permits with impervious surface disruption. After the three-year maintenance period ends, the village will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the village will issue final acceptance and the surety shall be terminated and released.

b.

Permits with pervious surface disruption only. After the one-year maintenance period ends, the village will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the village will issue final acceptance and the surety shall be terminated and released.

(c)

Fees.

(1)

Minimum fee. A minimum fee as set by the fee schedule of the village shall be charged for each permit issued by the director of public works or designated representative for the issuance of an excavation permit in a village right-of-way.

(2)

Inspection fee for utility work. In addition, a current schedule of inspection fees as set by the fee schedule of the village and as amended from time to time shall be kept on file in the village clerk's office and shall be paid by the applicant prior to issuance of the permit.

(3)

Inspection. At the discretion of the director of public works or designated representative, a village inspector may be required to be present continuously during major portions of the excavation and/or repair. The applicant shall be responsible to pay for the actual cost of such inspections. Should this require the inspector to be on site beyond their normal working hours, the permit holder will be billed for the cost of the overtime.

(d)

Regulation for filling cuts or excavations.

(1)

General regulations. Excavated materials shall be hauled away and properly disposed of by the contractor. All excavations made in paved areas in the public right-of-way, not excluding gravel shoulders, shall be backfilled with a well-graded gravel material free of excessive fines and compacted in six-inch layers with mechanical compaction equipment. Alternatively, an approved slurry mix may be required. The excavation shall be filled with acceptable material up to the bottom of the surrounding pavement. The pavement shall be replaced in kind in such manner as to leave no offset with the surrounding pavement.

(2)

All repairs to excavations in permanently improved streets shall be made by saw cuts around the perimeter of the excavation. No jagged edges or irregularities are allowed upon permanent repair.

(3)

All excavations in areas of right-of-way which are not paved, excluding gravel shoulders, shall be backfilled with natural material compacted in 12-inch layers with mechanical compaction equipment. The natural material shall be placed to within four inches of the finished grade, and the area shall then be filled with four inches of the approved topsoil. The topsoil shall be raked to match the surrounding ground elevations, fertilized, seeded and covered with a suitable material to prevent erosion. Sod may be used in lieu of seeding; however, the sod must be placed flush with the surrounding growth.

(4)

Excavations made in paved areas, including gravel shoulders, between October 15 and May 15 must be topped with temporary asphalt mix. The temporary patch must be replaced with permanent pavement as soon as practical or as directed by the village engineer or designated representative.

(5)

When an excavation is expected to be open for longer than 96 hours, the village engineer or designated representative may require that the excavation be covered with a steel plate adequate to carry traffic.

(6)

Defective pavement replacement.

a.

If the pavement replacement settles or cracks within three years of the date of the permit and if failure of the replacement is due to improper backfill or compaction, the pavement and backfill in the excavation area shall be removed and replaced at the expense of the party taking out the excavation permit. Until the defective pavement is replaced or repaired to the satisfaction of the village engineer or designated representative, no further permits will be issued by the Village for that party.

b.

Should it be determined by the director of public works or designated representative that the temporary pavement is not being properly maintained, the village will cause the work to be done and deduct the cost from the financial guaranty on deposit.

(7)

Return of financial guaranty. After permanent repairs have been made, the party holding the excavation permit may request a refund of any remaining portion of the financial guaranty. An inspection will be made and, if the repair is found acceptable and there is no expectation of settling, the financial guaranty will be returned minus any charges that have occurred. In the event that the village has incurred costs related to the excavation exceeding the financial guaranty on deposit, the permit holder will be billed for the overage. Return of the financial guaranty does not relieve the permit holder of responsibility for the excavation repair for the three years stated in (6) of this subsection.

(e)

Traffic control.

(1)

It is the responsibility of the permit holder to provide and maintain all signage as required by the Manual of Uniform Traffic Control Devices.

(2)

The road shall not be closed without express written permission.

(3)

It is the responsibility of the permit holder in cases of road obstruction to notify all appropriate agencies, including but not limited to: village departments of public works, utilities, fire and police; state and county jurisdiction representatives if needed, school bus companies; and the like. Said notification will take place at least 24 hours prior to commencing work.

(f)

Emergencies. In the case of emergency, excavations may be made but all appropriate safety procedures must be used. A permit must be applied for as soon as practicable.

(g)

Penalties. Failure to obtain a permit to commence work, except in the case of an emergency, will result in a fine of $500.00 per occurrence. Each day the excavation is not permanently restored, as determined by the director of public works or designated representative, shall constitute a separate occurrence. Penalties will not continue to accrue once a permit has been obtained and its conditions complied with.

(Ord. No. 932, § I, 7-18-17)