[Adopted 12-15-2003 by L.L. No. 6-2003]
Generally. No person, firm, or corporation shall dig or cause to be dug into, through or across any public street, highway or sidewalk any trench, ditch or other opening, for any purpose, without first having obtained, or having in force, a permit to do so, as herein provided.
Exceptions. A permit shall not be required in a case of an emergency arising out of office hours, at night, on Saturdays, Sundays or legal holidays, when an immediate excavation must be made; provided, however, that application for a permit shall be made in the manner herein provided within the next business day.
Any person, firm, or corporation desiring to procure a permit as herein provided shall file with the Town's Highway Superintendent, at least 72 hours before the time proposed to begin such work, a written application. Such application shall state the name and business or residence address of the applicant, name of the public street, highway or sidewalk in which it is desired to make the excavation or opening, the kind of pavement or sidewalk therein, the proposed size and location of the proposed excavation or opening, the name and business or residence address of the person for whom the work is to be done, the extent of such excavation, the time during which it is desired such opening be permitted, and any other information deemed pertinent by the Highway Superintendent. Whenever required by the Highway Superintendent, the application shall be accompanied by a sketch or tracing showing the location, character and dimensions of the proposed excavation or opening and a cross-section detailing the backfill material to be provided.
Liability insurance. Prior to the issuance of a permit, the applicant shall file with the Highway Superintendent satisfactory evidence that the applicant has procured and paid for a policy of public liability insurance for the purpose of indemnifying and protecting the Town and the applicant against any loss, damage or injury of any nature which might be incurred by reason of any claim of any nature made against the Town, its officers, employees or agents and/or the applicant, arising during or as a result of the performance of the work by the applicant.
Conditions. The applicant, by the acceptance of such permit, agrees that all work and the method of performance thereof shall be done in accordance with all instructions issued by the Highway Superintendent or his designee. All methods used in excavating and backfilling the trench shall conform to the standards set by the Highway Superintendent in the permit. All work shall be pursued in a diligent, safe and workmanlike manner. Any ditches or trenches or other openings shall at all times be carefully and properly guarded and lighted.
Any person, firm, or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.