§ 30-88. Excavations of streets, alleys, public ways and grounds.

(a)

Permit required. No person shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ground, public sidewalk or village-owned easement within the village without a permit therefor from the village board, or its designee, or village clerk-treasurer.

(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 board or its designee, 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 board or its designee shall determine if sufficient information is submitted.

(c)

Exception. The provisions of this section shall not apply to village excavation work done under the direction of the village board or its designee. Nor shall this section apply to telecommunications carriers, as defined in Wis. Stats. § 196.01(8m), telecommunications utilities, as defined in Wis. Stats. § 196.01(10), alternative telecommunications utilities, as defined in Wis. Stats. § 196.01(1d), public service corporations, or cooperatives organized under Wis. Stats. ch. 185 to render or furnish gas, light, heat, or power, or to cooperatives organized under Wis. Stats. chs. 185 or 193 to render or furnish telecommunications service, but the carriers, utilities, corporations and associations shall secure a permit from the director of public works for temporary obstructions or excavations in a highway and are liable for all injuries to person or property caused by the obstructions or excavations.

(d)

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under section 30-89(g), pertaining to pavement replacement.

(e)

Renewal of permit. If operations have begun under an approved permit and will continue beyond the 30-day validation period, the permittee shall apply for a 30-day permit renewal by written request to the village board or its designee and payment of a $5.00 renewal permit fee. Permit renewals shall be issued at the discretion of the village board or its designee.

(f)

Village standards; fees. The following provisions apply to the village standards and fees for the excavation of village streets, alleys, public ways and grounds.

(1)

Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and section 30-89. 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 $5.00 plus actual village expenses. Permit fees shall be paid to the village clerk-treasurer who shall issue his receipt therefor.

(g)

Insurance required. A permit shall be issued only upon the condition that the applicant submit to the village clerk-treasurer satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $500,000.00 per one person, $500,000.00 for one accident and property damage coverage of not less than $500,000.00.

(h)

Bond. The following provisions shall apply for a liability bond prior to the issuance of an excavation permit:

(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 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 to 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 village board 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 percent 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 village board.

(4)

Whenever the village board 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 village board 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 in this section and in the amount determined by the village board as necessary to adequately protect the public and the village.

(Code 1990, § 6-2-3)