[a] Permit Required. Except as otherwise provided in this Chapter or other chapters of the Village Code, no person shall excavate any right-of-way or place facilities in a right-of-way without first having obtained an excavation permit from the Village. No person shall excavate the right-of-way or maintain an excavation in the right-of-way beyond the date or area specified in the permit unless such person makes a supplementary application for another excavation permit before the expiration of the initial permit and a new permit or permit extension is granted.
[b] Exemption. Nothing in this Chapter shall be construed to repeal or amend the provisions of a Village ordinance requiring persons to plant or maintain the grounds sometimes referred to as the tree lawn in the area of the right-of-way between their property and the street curb, construct sidewalks, install street signs or perform other similar activities. Persons performing such activities shall not be required to obtain any permits under this chapter.
[c] Excavation Permit Application. Application for a permit shall be made to the Department. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
(1) Permittee Information. Each person who uses, or seeks to occupy or use, the right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities located in any right-of-way shall provide the following information. This section shall not apply to those persons exclusively utilizing facilities provided by another right-of-way user and do not own, operate, maintain or control any facilities in the Village rights-of-way.
(a) Information Required of all Applicants. The information provided to the Department shall include, but not be limited to:
(1) Each applicant’s name, Diggers Hotline registration certificate number, address, e-mail address (if applicable), telephone and fax numbers.
(2) The name, address and e-mail address (if applicable) and telephone and fax numbers of a local representative. The local representative (or designee) shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided.
(b) Information Required of Some Applicants. The following persons are exempt from the provisions of this part (b): (a) a municipality, or (b) all persons representing a public utility. The information provided to the Department shall include, but not be limited to:
(1) Demonstrated financial capability to cover any liability, which might arise out of their presence in the right-of-way to the satisfaction of the Village.
(2) If the applicant is a corporation, an LLC or LLP, a copy of any certificate required to be filed under Wis. Stats. as recorded and certified to by the Secretary of State.
(3) A copy of the applicant’s certificate of authority from the Wisconsin Public Service Commission or other applicable State or Federal agency, where the person is lawfully required to have such certificate from said commission or other State or Federal Agency.
(c) Notice of Changes. The applicant shall keep the information above current at all times by providing to the Department information as to changes within fifteen (15) working days following the date on which the applicant has knowledge of any change.
(2) Completed Application. Submission of completed permit application form, including all required attachments, and drawings adequate to show the facilities to be placed in the right-of-way, and showing the location and area of the proposed project and the location of all existing facilities in the project area. Proposed facilities of the applicant and of others that have been identified in accordance with Sec. 9.11, shall be shown. Dimensions to the facilities from either the right-of-way line or from the face of curb (or edge of pavement) shall be included.
(3) Indemnification. Permittee expressly acknowledges and agrees, by acceptance of this permit, to indemnify, defend, and hold harmless the Village, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all loss or expense (including liability costs and attorney’s fees) by reason of any claim or suit, or of liability imposed by law upon the Village or its agents or employees for damages because of bodily injury, including death at any time resulting therefrom sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, or in connection with, caused by or resulting from the Permittee’s acts or omissions in the exercise of its rights under this permit, but excluding acts or omissions caused by or contributed to by the Village or its agents or employees.
(4) Payment of Money Due. Payment of all money due to the Village for:
(a) applicable permit fees and costs as set forth below,
(b) unpaid fees or costs due for prior excavations,
(c) any loss, damage, or expense suffered by the Village because of applicant’s prior excavations of the rights-of-way or any emergency actions taken by the Village.
[d] Supplementary Notification. If the excavation of the right-of-way begins later or ends sooner than the date given on the permit, Permittee shall notify the Department of the accurate information as soon as this information is known.
[e] Work Done Without a Permit.
(1) Emergency Work. Each permittee shall immediately notify the Department by verbal notice on an emergency phone number provided by the Village of any event regarding its facilities that it considers to be an emergency. Within five business days after the occurrence of the emergency the Permittee shall apply for the necessary permits, pay the fees associated therewith and otherwise fully comply with the requirements of this Chapter. If the Department becomes aware of an emergency regarding a Permittee’s facilities, the Department may attempt to contact the local representative of each Permittee affected, or potentially affected, by the emergency. The Village may take whatever reasonable action it deems necessary to protect the public safety as a result of the emergency, the cost of which shall be borne by the Permittee whose facilities occasioned the emergency.
(2) Non-Emergency Work. Any person who, without first having obtained the necessary permit, performs non-emergency excavation on a right-of-way shall subsequently obtain a permit, and shall in addition to any penalties prescribed by Ordinance, pay double the normal fee for said permit, pay double all the other fees required by this Chapter or other Chapters of the Village Code, deposit with the Village the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this Chapter.
[f] Joint Applications.
(1) Joint Application. Applicants may jointly apply for permits to excavate the right-of-way at the same place and time.
(2) Joint with Village Projects. Applicants, who join in a scheduled excavation performed by the Village, whether or not it is a joint application by two or more applicants or a single applicant, are not required to pay the degradation portion of the excavation permit fee.
(3) Shared Fees. Applicants who apply for permits for the same excavation, which the Village does not perform, may share in the payment of the excavation permit fee. Applicants shall agree among themselves as to the portion each will pay and indicate the same on their applications.
[g] Supplementary Applications.
(1) Limitations on Permit Area. An excavation permit is valid only for the area of the right-of-way specified in the permit. No Permittee may perform any work or excavate outside the area specified in the permit, except as provided in the following Subs. (a) – (c). Any Permittee, which determines that an area greater than that specified in the permit shall be excavated, shall, before working in that greater area,
(a) make application for a permit extension and pay any additional fees required thereby,
(b) post an additional or larger repair bond or restoration bond for the additional facilities (if a bond was required for the initial work), and
(c) be granted a new permit or permit extension.
(2) Limitation on Permit Interval. An excavation permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided in this subsection, continue working after the end date. If a Permittee does not finish the work by the permit end date, it shall apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit.
(3) Fees for Supplementary Applications. A Permittee shall pay administration costs for any additional permits. A Permittee is not required to pay an additional degradation fee for the same excavation, if one has already been paid on the original permit.