Chapter 12.10


12.10.010    Permit required.

12.10.020    Permit applications.

12.10.030    Issuance of permit.

12.10.040    Manner of performing excavation.

12.10.050    Restoring surface.

12.10.060    Warning devices, cleanup, timely completion of project.

12.10.070    Violation – Penalty.

12.10.010 Permit required.

It shall be unlawful for any person, firm, utility or corporation to tunnel under or to make any excavation in any road in the town without having obtained a permit as is required in this chapter, or without complying with the provisions of this chapter or in violation of or variance from the terms of any such permit. This includes utility construction, county section line markers, drain tile installation, cable television or any other work that would necessitate cutting through town roads. [Code 2002 § 42-31.]

12.10.020 Permit applications.

Applications for excavation permits shall be made to the clerk at least 15 days prior to anticipated commencement of any work subject to this chapter, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm, utility or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. Certification of adequate liability insurance is required. The 15-day requirement may be waived by the town board in case of emergency or special need. [Code 2002 § 42-32.]

12.10.030 Issuance of permit.

The permit under this chapter shall be issued by the town clerk after approval has been given to the application by the town board. The town board may impose conditions and special requirements as a part of the permit as provided in this chapter. [Code 2002 § 42-33.]

12.10.040 Manner of performing excavation.

Proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavating, the excavations shall not have anywhere below the surface any portion which extends beyond the opening at the surface. The hotline must be called to check utility lines. [Code 2002 § 42-34.]

12.10.050 Restoring surface.

Any person, firm, utility or corporation making any excavation or tunnel in or under any road shall restore the surface to its original condition and be liable for upkeep for a period of three years. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. Any opening in a paved or improved portion of a road shall be repaired and the surface re-laid by the applicant. [Code 2002 § 42-35.]

12.10.060 Warning devices, cleanup, timely completion of project.

(a) It shall be the duty of the person cutting or making excavation in town roads to place and maintain proper warning devices for the safety of the general public during the excavation.

(b) The cleanup of all rubbish and other debris resulting from such is the duty of the permit holder. Excess soil and rock shall be properly disposed of by the applicant.

(c) Prompt completion of work after an excavation is commenced is required. The permittee shall prosecute with diligence and expedite all excavation work covered by permit and promptly complete such work and restore the road to its original condition, so as not to obstruct travel therein. [Code 2002 § 42-36.]

12.10.070 Violation – Penalty.

Any person, firm, utility or corporation violating any of the provisions of this chapter or permit shall be fined not less than $25.00 nor more than $250.00 for each offense. Any work done by the town in restoring a road to original condition during the three-year period will be charged to the permittee. The town board may institute appropriate action or proceedings to enjoin violations of this chapter in addition to any other penalties stated in this chapter. [Code 2002 § 42-37.]