Sec. 6-2-5 Regulations Governing Excavations and Openings.
   (a)   Notification. An applicant who has been issued a street excavation permit shall notify the Village of Edgar of the date on which work will begin and the period of time required to complete the project. No excavation authorized under this Chapter may be initiated until such notification has been made by the applicant.
   (b)   Digger's Hotline. An applicant who has been issued a street excavation permit shall notify, obtain clearance from, and adhere to the requirements of Digger's Hotline. No excavation authorized under this Chapter may be initiated until such notification has been made and clearance has been obtained.
   (c)   Frozen Ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15th and May 1st except where it is determined by the Public Works Department or his/her designee to be an emergency excavation.
   (d)   Protection of Public.
      (1)   Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Public Works Department and in accordance with Section VI of WisDOT's Manual of Uniform Traffic Control Devises. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Public Works Department, no trench shall be excavated more than two hundred fifty (250) feet in advance of pipe or conduit laying nor left unfilled more than five hundred (500) feet from where pipe or conduit has been laid.
      (2)   All barricades shall comply with the following standards:
         a.   Barricades and construction warning signs shall be erected, marked and reflectorized in conformance with the Manual of Uniform Traffic Control Devises, latest edition and revisions.
         b.   All barricades used at night shall be lighted with an average of one (I) flasher per barricade.
         c.   A construction warning sign, illuminated with at least one (I) flasher, shall be placed adjacent to the roadway approximately two hundred (200) feet in advance of the barricaded area.
         d.   Each barricade shall have the excavating contractor's name, address and telephone number marked prominently thereon or that of an authorized barricade rental agency. The telephone number shall be such that the contractor or an authorized representative can be reached twenty-four (24) hours a day.
      (3)   All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Village of Edgar in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
      (4)   Unless otherwise approved, a minimum of one (1) lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his/her project. In the event traffic is limited to less than one (1) lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.
      (5)   The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Public Works Department twenty-four (24) hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Section 6-2-4(b).
      (6)   When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least twelve (12) hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Section 6-2-4(g).
      (7)   Trenches adjacent to the roadway left open during non-working hours shall be protected with snow fence along the entire trench edge and shall be marked with flashing barricades at each end.
      (8)   No equipment or construction materials may be stored during non-working hours within a Village of Edgar roadway right-of-way.
      (9)   No steel track construction equipment may be driven on or over paved Village of Edgar roadways without authorization from the Public Works Department.
      (10)   Prior to beginning any work on Village roadways, the Village Administrator's office and Public Works Department shall be given the names and telephone numbers of at least two (2) contractor employees who may be contacted during non-working hours.
      (11)   Construction materials spilled or tracked on pavement shall be swept off by power broom equipment as soon as practical.
      (12)   No excavated materials may be stored temporarily or permanently within Village roadway right-of-way.
      (13)   The Village of Edgar may elect to have the Village or an outside contractor make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one (1) year shall be charged to the person making the street opening.
   (e)   Pavement Removal.
      (1)   Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the mm1mum possible and acceptable for the convenience and safe performance of his/her work and in accordance with all applicable codes and regulations.
      (2)   Precautions shall be taken to prevent damage to road pavements. Sheathing and bracing or the use of a portable trench box should be used to prevent undermining of material below the existing pavement. If damage is done to the pavement, it shall be restored.
      (3)   If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within adjacent or close to an existing patch or require more than one (1) opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Public Works Department or its designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.
      (4)   Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curb line or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.
      (5)   The Public Works Department or its designee may order the permittee to remove and replace up to one (1) full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to insure a full depth of concrete at the joint.
   (f)   Excavation.
      (1)   All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.
      (2)   Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.
   (g)   Backfilling.
      (1)   Trench backfilling shall be accomplished as follows:
         a.   The backfill from the bottom of the utility pipe/conduit to an elevation one (1) foot above the pipe/conduit shall be fine granular material carefully placed by hand and well-tamped to fill completely all the spaces under and adjacent to the pipe/conduit so as to form a bed that will preclude subsequent settling. Compaction shall achieve a ninety-five percent (95%) of maximum dry density at optimum moisture as determined in accordance with Method of Test for Moisture-Density Relations of Soils, AASHTO Designation Tl80-74.
         b.   The remainder of the backfill may consist of suitable native soils with proper moisture content for maximum compaction. The contractor shall have and use at the job site a vibrating compactor before starting to backfill. The backfill shall be uniformly compact to at least ninety-five percent (95%) maximum dry density at optimum moisture as determined by the Method of Test for Moisture-Density Relations of Soils, AASHTO Designation T 180-74.
      (2)   All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than six (6) inches in their greatest dimension, frozen Jumps or other material which in, in the opinion of the Public Works Department or its designee, is unsuitable.
      (3)   In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Public Works Department or its designee, hauled in.
      (4)   Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.
      (5)   The Village of Edgar may perform compaction control tests at such frequency and at such depths as it deems necessary to verify compliance with the compaction requirements of state highway construction standards.
      (6)   All excavations shall be subject to testing by the Village of Edgar. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.
      (7)   When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, Jagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.
   (h)   Notice. It shall be the duty of the permittee to notify the Public Works Department and all public and private individuals, firms and corporations affected by the work to be done at least one (1) business day before such work is to commence. The Public Works Department shall also be notified at least four (4) hours prior to backfilling and/or restoring the sutface.
   (i)   Pavement Replacement and Sidewalk, Curb and Gutter and Driveway Restoration.
      (1)   Backfill material shall be left below the original sutface to allow for five (5) inches of three (3) inch crushed stone and four (4) inches of three-quarter (3/4) inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original sutface elevation shall be backfilled with compacted three-quarter (3/4) inch crushed stone.
      (2)   Bituminous pavement shall be placed the full depth of the existing pavement or three (3) inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one and one-half (1-1/2) inch layers with each layer compacted to maximum density and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the sutface course. The finished sutface shall be smooth and free of sutface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than one-quarter (1/4) inch as measured with a ten (10) foot straight edge. If hot mix is temporarily not available, the hot mix shall be temporarily replaced with cold mix. The cold mix shall be removed and replaced with hot mix upon availability.
      (3)   Concrete pavement shall be placed to the full depth of the existing pavement or seven (7) inches, whichever is greater. Concrete used shall not contain calcium chloride. The sutface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The sutface shall be evenly and completely sealed with a white pigmented curing compound. The sutface shall be protected from traffic for a minimum of three (3) days. Tie bars shall be installed as directed by the Public Works Department or its designee.
      (4)   All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform with the grade of the existing adjacent curb and gutter. Existing grass and terrace areas shall be covered with a minimum of four (4) inches of topsoil. Topsoil shall be seeded with perennial grass seed at a rate of two (2) pounds per one thousand (1,000) square feet.
      (5)   All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the Village Engineer. No patching of concrete driveway areas will be allowed between joints or dummy joints.
      (6)   Sidewalks shall be replaced the full width of the sidewalk and minimum length shall be sixty (60) inches. All replaced sidewalk shall be four (4) inches thick, except at driveways where it shall be six (6) inches thick. The new walk shall slope to conform to existing construction across the width of the walk toward the street.
      (7)   In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of three and one-half (3-1/2) inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1st, except as provided above. Permanent pavements shall be replaced within sixty (60) days of the date of the permit.
      (8)   When a street is reconstructed, utility laterals shall also be installed.
   (j)   Emergency Excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley easement, way or ground and his/her agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify Village officials immediately.
   (k)   Excavation in New Streets Limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than thirty (30) days before the work of improvement or repaving shall begin. Immediately after such determination, the Village shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within thirty (30) days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five (5) years after the date of improvement or repaving unless, in the opinion of the Village Board, or committee thereof, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and televi- sion cable lines in street terraces.
   (I)   Repair by Village. The Village of Edgar may elect to make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one (1) year shall be charged to the person making the street opening. In the event such charges are not paid within ninety (90) days of actual notice of the same having been furnished the applicant and owner of the premises for which said permit was issued, it shall become a lien against said premises and thereafter be assessed and collected as a special tax.
   (m)   Settlement of Work Performed. Settlement of the street surfacing, curb and gutter and/or driveway approaches, irregardless of who installed such the same, within one (1) year from the date of trench backfilling shall be construed as evidence of inadequate compaction and the contractor who backfilled the trench and the surety shall be responsible for the replacement of the street surfacing. Each successive replacement by the contractor shall be subject to satisfactory performance for a period of one (1) year.