[Adopted 2-20-1996 by Ord. No. 96-2-20A]
Any person owning or leasing land abutting any
public street or sidewalk in the Town of Portsmouth who desires to
have an entrance, curb cut or driveway installed in such public street
or sidewalk shall make application therefor to the Director of Public
Works. The applicant shall file a plat or plan, in the manner and
form prescribed by the Director, showing the proposed location and
dimensions of such entrance, curb cut or driveway.
The Director shall, within 15 days of the receipt
of the application, investigate the necessity of such entrance, curb
cut or driveway and, in so doing, shall take into consideration the
public welfare, traffic hazards, danger to pedestrians and the public
generally, and any and all matters pertaining thereto, and shall act
upon and approve or disapprove the application.
If the Director disapproves the application,
he/she shall notify the applicant of his/her action. The applicant
shall have the right to appeal from the action of the Director within
10 days thereafter to the Town Council. After hearing said appeal,
the Council shall affirm, modify or reverse the action of the Director.
If the Director approves the application, or,
if the Council, upon appeal, approves the application, the Director
shall notify the applicant of such approval, and the applicant shall
hire a suitable contractor to do the work required, which work shall
be done only under the supervision of the Director or his designee,
and the applicant shall pay all costs of such work.
The fee for having an entrance, curb cut or
driveway installed shall be $40, which sum shall be paid at the time
the application is made.
[Amended 11-12-1996 by Ord. No. 96-11-12; 2-25-1997 by Ord. No. 97-2-25A]
No person shall connect any land or premises
with any main drain or common sewer, or open any drain or sewer belonging
to the Town, or break ground or make any excavation in any of the
sidewalks, streets or public places in the Town for the purpose of
making a drain or sewer or laying or placing gas pipes or water pipes
or for any other purpose, without first obtaining a permit therefor
from the Director of Public Works, who shall first ascertain the feasibility
of such excavations in relation to utilities with services in the
affected areas. Such person applying for a permit shall provide such
information as the Director may require. For such permit, the person
obtaining the same shall pay the Director a fee as set forth herein,
and such person shall provide for proper traffic control and properly
light and barricade such excavation to the satisfaction of the Director.
However, in the case of any road which has been surfaced or resurfaced,
no approval shall be given by the Director of Public Works for any
excavation, except in case of necessity, for a period of 10 years
after the completion of said surfacing or resurfacing. A proposed
excavation shall not be deemed to be necessary unless it is not possible
to perform necessary work without making such excavations. In no case
shall the Director approve any excavation to take place during a period
commencing on December 1 of any year and extending through and until
April 1 of the following year, except in cases of emergency, necessitating
a repair of a gasline, water main, cable or electrical conduit, or
other such purpose.
All fees payable for street and sidewalk excavations
shall be payable at the time application for a permit is made. However,
in case of an emergency occurring between the hours of 3:00 p.m. and
7:00 a.m. necessitating an excavation for the purpose of making repairs
to a gas main, water main, cable or electric conduit or for any other
purpose, the person required to make such excavation shall not be
first required to obtain a permit. Such person shall, however, before
making such excavation, advise the Police Department and the Fire
Department of the location where the excavation is to be made and
the nature of the emergency. Such person shall apply for the required
permit during the next business day.
The fees for all street and sidewalk excavations
shall be $60 for the first 15 linear feet or part thereof of any excavation
and $8 for each additional five linear feet or part thereof. The length
of the excavation shall include the total length of mains and laterals.
A. The Public Works Director shall give 90 days' advance
notice to all public utilities when a street or sidewalk is to be
constructed, reconstructed, resurfaced or sealed. This notice will
afford the utility companies an opportunity to complete any necessary
work in such road or sidewalk prior to the paving work. For two years
thereafter, any excavation associated with new mains and/or conduits,
including the maintenance of existing ones, will require pavement
restoration from curb to curb for the entire length of the excavation.
B. For two years following the construction, reconstruction,
resurfacing or sealing of a street, any excavator of a lateral trench
shall restore the surface by removing and replacing in kind the existing
pavement completely for a distance of 10 feet on either side of the
center line of the trench from curb to curb.
A. Every person who applies for a permit to make an excavation
in a sidewalk or street shall state the exact location of the proposed
excavation and the dimensions thereof and shall also agree to restore
the sidewalk or pavement as required by the Director of Public Works.
B. Every person making application shall further agree
that if, in the opinion of the Director, the work or restoration is
not in strict accordance with his requirements, the Town may restore
the same and charge to the person the cost thereof.
C. Thorough cleanup shall be accomplished at the end
of each working day.
Every person making application for excavations
shall be required to file in the office of the Director of Public
Works a performance bond in the sum of $5,000 conditioned upon the
applicant's doing the work for which he/she has applied in a first-class
and workmanlike manner and restoring the sidewalk, curb or pavement
as prescribed by the Director and with the understanding that if,
in the opinion of the Director, the work or restoration is not in
strict accordance with his/her requirements, the Town may do the work
or restore the sidewalk, curb or pavement and charge to such person
the cost thereof.
Before commencing excavation work covered by
this article, the person seeking a permit shall establish that he/she
has in full force and effect a policy of comprehensive general liability
insurance with a minimum coverage of $500,000 combined single limit
or a policy or policies of $300,000 bodily injury limit/$600,000 bodily
injury limit/$100,000 property damage limit, to include broad form
property damage and explosion/collapse/underground coverage and completed
operations coverage. For sidewalk and street obstructions, the applicant
must provide proof of a comprehensive general liability policy with
a minimum coverage of $300,000. All policies must list the Town as
an insured and indemnify the Town for any liability it may incur as
a result of issuing a permit under this article.
A. Any person making any curb cut or excavation in a
public way under this article shall furnish all labor, materials,
tools and equipment necessary for protection of the excavation, traffic
control, backfilling the excavation, placing a compacted gravel foundation,
temporary pavement, and permanent pavement and shall perform all other
work necessary to restore the condition of the way. Except in case
of emergency, such person shall notify the Director of Public Works
at least 24 hours prior to doing any work under this article. All
material used shall be subject to the approval of the Public Works
Director.
B. All excavations shall be protected with public safeguards
and adequate warning devices such as detour lights, barricades, lights,
watchmen and danger and warning signs, to be provided and maintained
by the permit holder. No open excavation shall be left unattended.
C. All material removed from the excavation shall be
immediately removed from the site of the work and shall not be left
on any public right-of-way. That portion of excavated material which
is to be used for backfilling the excavation may be stored on the
site only with the permission of, and in a manner approved by, the
Director of Public Works.
D. No construction materials or equipment shall be stored
on any Town property or public right-of-way without the written approval
of the Director of Public Works.
E. Placement of backfill, gravel foundation, temporary
pavement and permanent pavement shall be in accordance with Town standards
as determined by Town regulations, or, in their absence, by the Director
of Public Works. Concrete used on roadways and concrete sidewalks
shall be in accordance with the same standards.
F. Permanent pavement shall be deferred for a time period
designated by the Director of Public Works at the time of the placement
of the temporary pavement. This time will depend on soil characteristics,
the depth of the excavation and the nature of the excavation. When
this time has expired, the Department of Public Works shall notify,
in writing, the permit holder to remove temporary pavement and replace
it with permanent pavement, which shall be done within a period of
10 days.
Any person who fails or refuses to comply with
the requirements of this article shall be punished by a fine of not
more than $100, to be recovered to the use of the Town, and each day
any violation of this article continues shall constitute a separate
offense.