(a) Permit Required.
(1) Permit to Be Obtained.
No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or Village-owned easement within the Village of Edgar without a permit therefor from the Village Administrator or Public Works Department.
(2) Fee.
The fee each application for a street opening permit shall be as prescribed in Section 1-3-1 plus any actual Village expenses. Applications may be made for multiple street openings on one (1) application form, at the required fee; however, each opening must be listed at the time the application is submitted to the Public Works Department for approval. Permit fees shall be paid to the Village Administrator who shall issue a receipt therefore. If the street opening is made prior to the receipt of an approved street opening permit from the Public Works Department, the application and review fee shall be as prescribed in Section 1-3-1 plus any actual Village expenses.
(3) Fee; Emergency Excavation.
In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in Section 6-2-4(h), there shall be no permit fee (except any actual Village expenses shall be charged to the permittee) provided the application for the street opening permit is filed with the Public Works Department within two (2) regular business days of the excavation in accordance with Section 6-2-4(h). If the permit application for the emergency excavation is not filed within two (2) regular business days, the application and review fee shall be as prescribed in Section 1-3-1 plus any actual Village expenses.
(4) Surcharge.
In addition to any permit fees or Village expenses, a surcharge shall be levied for any street opening which is in, or disturbs the paved portion (final surface) of any public street, public alley, public way, public ground, public sidewalk, or Village-owned easement within the Village of Edgar. The surcharge shall be determined as follows:
Age of the Final Paving | Surcharge |
New pavement to one (1) year | 5 times the permit fee |
1 year to 2 years | 4 times the permit fee |
2 years to 3 years | 3 times the permit fee |
3 years to 4 years | 2 times the permit fee |
4 years to 5 years | 1 times the permit fee |
More than 5 years | No surcharge |
(b) Application for Permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the Village Administrator or Public Works Department, 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 Administrator or Public Works Department shall determine if sufficient information is submitted.
(c) Village Work Excluded. The provisions of this Section shall not apply to excavation work under the direction of Village departments or employees or to contractors performing work under contract with the Village necessitating openings or excavations in Village streets.
(d) Validity of Permit. Permits shall be valid for a period of thirty (30) days from the date of approval, except as provided for under Section 6-2-4(g) for pavement replacement.
(e) Renewal of Permit. If operations have begun under an approved permit and will continue beyond the thirty (30) day validation period, the permittee shall apply for a thirty (30) day permit renewal by written request to the Village Administrator or Public Works Department. Permit renewals shall be issued at the discretion of the Village Administrator or Public Works Department.
(f) Village Standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this Section and Section 6-2-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
(g) Insurance. At the time of permit application, a permittee must furnish the Village with satisfactory written evidence that he/she has in force and will maintain during the life of the permit and the period of excavation, insurance, with the Village of Edgar designated as an additional named insured, as follows:
(1) Worker's Compensation.
Worker's compensation with limits as prescribed by the State of Wisconsin.
(2) Motor Vehicle Liability.
Comprehensive motor vehicle liability with limits of Five Hundred Thousand ($500,000.00) for injuries to one (1) person and Five Hundred Thousand ($500,000.00) for any one (1) accident and property damage of not less than Five Hundred Thousand Dollars ($500,000.00). Motor vehicle liability shall cover owned, non-owned and hired vehicles.
(3) General Liability.
Comprehensive general liability, with limits of not less than One Million Dollars ($1,000,000.00) each occurrence. The insurance coverage shall include the acts or omissions of any contractor, his/her employees, agents or subcontractors, and include explosion, collapse and underground liability coverage. A form of blanket contractual liability to indemnify and save harmless the Village of Edgar, its officers, agents and employees from any and all liability for accidents or damage caused by or arising from any work covered by the permit shall also be included in such insurance coverage.
(4) Completed Operations and Product Liability.
This policy shall provide completed operations and product liability coverage for the period of time set forth in the permit and any extensions thereof and for a period one (1) year after final completion of the work. Limits of liability shall be the same as general liability.
(5) Umbrella Policy.
The limits of liability mentioned above can be provided through split limits or through a combination of underlying an umbrella liability. Limits mentioned are minimum to be provided under any policy or combination of policies.
(h) Bond/Cash Deposit.
(1) Whenever the Public Works Department estimates that an excavation/opening project will involve over Five Thousand ($5,000.00) in work and before a permit for excavating or opening any street or public way for such project may be issued, the applicant must execute and deposit with the Village Administrator, determined and approved by the Public Works Department, an indemnity bond or cash deposit, as directed by the Village, in the sum of not less than One Thousand Dollars ($1,000.00) up to Ten Thousand Dollars ($10,000.00), conditioned that he/she will indemnify and save harmless the Village of Edgar and its officers/employees from all liability for accidents and damage caused by any of the work covered by his/her permit, and that he/she will fill/restore 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/she may make as near as can be to the state and condition in which he/she 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 (1) year, and that he/she will pay all fines of forfeitures imposed upon him/her 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 of Edgar. 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 (1) year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.
(2) An annual bond may be given under this Section covering all excavation work done by the principal for one (1) year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Public Works Department as necessary to adequately protect the public and the Village of Edgar.
(3) Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village of Edgar. Failure to correct deficiencies shall result in a one (1) year revocation of the right to obtain a street opening permit. The Public Works Department shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus twenty percent (20%) for administration.
(4) The person who does such restoration shall be responsible therefor for one (1) 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 Public Works Department.
(5) Whenever the Village Board shall find that any such work has become defective within one (1) year of the date of completion, it shall give written notice thereof to the contractor or to his/her 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 of Edgar for the cost of doing the work as set forth in the notice.
(i) Public Utilities. All public utilities as defined in Sec. 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this Section and Section 6-2-5, any and all subparagraphs thereunder, except that a public utility as defined within this Section shall not be required to post the indemnity bond.