[Adopted 2-22-1993, effective 3-26-1993]
This Article shall be known and may be cited as the "Road Permit and
Engineering Standards and Specifications Ordinance."
A.
No person, other than the Town of Mansfield, shall widen,
open, alter, make any repairs or excavate in, place any permanent item on,
dig below the surface of any street or sidewalk under the jurisdiction of
the Town of Mansfield or do any other work, construction or storing of material
within the right-of-way of any town road, unless he has obtained a permit
to do so from the Director of Public Works, or from his duly authorized agent.
B.
The Director of Public Works shall cause to be promulgated
certain Engineering Standards and Specifications to be used in the construction,
repair and maintenance of public improvements, including but not limited to
streets, highways, sidewalks, drains, storm sewers, sanitary sewers, water
mains, and all associated appurtenances thereof, and any other public improvements
of a similar nature located within the Town of Mansfield.
C.
Any construction, repair or maintenance of any public
improvements for which Engineering Standards and Specifications have been
promulgated as provided herein shall conform to such Standards and Specifications.
All road permits issued shall be subject to requirements of the Engineering
Standards and Specifications.
A.
The Director of Public Works is hereby authorized from
time to time to adopt and amend road permit regulations (exclusive of fees)
as necessary to regulate the issuance of permits controlling the widening,
opening, altering, repairing, placing items on, or excavation in, or digging
below the surfaces of any streets or sidewalks, or working within the right-of-way
of any town road within the Town of Mansfield. Such permit regulations shall
become effective only after:
(1)
A public hearing has been held thereon by said Town Council
prior to adoption.
(2)
Notice of such hearing shall be published in a newspaper
having a circulation within said Town of Mansfield at least ten (10) days
in advance of such hearing.
(3)
Said regulations, and amendments thereto, shall become
effective at such time as they are filed with the Town Clerk of the Town of
Mansfield, and also on file at the Office of the Director of Public Works,
and notice of the decision adopting said regulations, or amendments thereto,
has been published in a newspaper having circulation within said Town of Mansfield.
Copies of such regulations shall also be made available to the public by the
Department of Public Works at a cost established by the Town of Mansfield
Department of Public Works, to cover the cost of publication.
B.
The Director of Public Works of the Town of Mansfield
shall promulgate, and may amend from time to time, Engineering Standards and
Specifications. The Engineering Standards and Specifications shall become
effective:
(1)
After a public hearing has been held thereon by said
Town Council prior to adoption.
(2)
By placing such Engineering Standards and Specifications
on file with the Town Clerk of the Town of Mansfield, and also on file at
the Office of the Director of Public Works. Copies of Standards and Specifications
shall also be made available to the public by the Department of Public Works
at a cost established by the Town of Mansfield Department of Public Works,
to cover the cost of publication.
B.
Such violation(s) shall be enforced by a citation by
the Department of Public Works. In the alternative, the Department of Public
Works may issue, in the event of such violation, in writing, a cease-and-desist
order to be effective immediately. Such order may be enforced by injunction.
If the court, in such action, renders judgment for the town and finds that
the violation was willful, the court shall allow the town its costs, together
with reasonable attorney's fees to be taxed by the court.
The provisions of this Article and any regulations, standards or specifications
enacted pursuant to the provisions thereof shall be held to be minimum requirements,
adopted for the protection of public health, safety and general welfare of
the Town of Mansfield, and whenever the requirements of this Article, or the
regulations, standards or specifications enacted pursuant thereto, are at
variance with the requirements of any other lawfully adopted rules, regulations
or restrictions, such rules, regulations or restrictions which impose the
highest standard shall control.
Any person aggrieved by any regulation, standard or specification promulgated
by the Director of Public Work pursuant to the provisions of this Article
may appeal to the Town Manager of the Town of Mansfield.