[Adopted 1-10-2000 by Ord. No. 1-2000]
No person, corporation or utility or his or its agents or employees or contractors shall make or cause to be made any opening or excavation in any public road, public way, public ground, public sidewalk or Town-owned easement or fill or alter any culvert or construct or install additions or extensions to its existing facilities within the Town of Holland without a permit therefor from the Town Roads Committee Chairman, or from the Town Road Superintendent if authority to issue such permit has been delegated to him by the Town Roads Committee Chairman.
[Amended 12-10-2007 by Ord. No. 1-2007]
The applicant shall submit to the Town a written request for a construction/excavation permit and a plan of the proposed construction/excavation, showing its location and details of construction, including specified depth, method of excavation, open cut or augering, provisions for restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit, the permittee agrees to be bound by the regulations of this article.
[Amended 12-10-2007 by Ord. No. 1-2007]
The fee for the permit per the fee schedule on file at the Town Clerk's office shall be paid to the Town Treasurer, who shall issue his or her receipt therefor. The fee shall be paid at the time of application.
If, in the discretion of the Town Board, the Town Board determines that an indemnity bond is necessary, then before a permit for excavating or opening a road or public way is issued, the applicant shall execute and deposit with the Town an indemnity bond, approved by the Town Board, in the sum of $5,000 minimum or 100% of the restoration cost, whichever is greater, conditioned that it will indemnify and save harmless the Town and its officers from all liability for accidents and damage caused by any of the work covered by the permit and that it will fill up and place in good and safe condition all excavations and openings made in the road and will replace and restore the pavement over any opening it may make as near as can be to the state and condition in which it was found and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Road Superintendent for a period of one year and that it will pay all forfeitures imposed upon it for any violation of any rule, regulation or ordinance governing road openings or drain laying adopted by the Town Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Town. Such bond shall also guarantee that if the Town shall elect to make the road repair, the party opening the road will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, or violation of law, ordinance, rule or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Town Board as necessary to adequately protect the public and the Town.
Prior to commencement of excavation work, a permittee shall furnish the Town Road Superintendent satisfactory written evidence that it has in force and will maintain during the life of the permit and the period of excavation public liability insurance of not less than $100,000 for one person and $300,000 for one accident and property insurance of not less than $50,000.
Frozen ground. No opening in the roads or public ways for any purpose shall be permitted when the ground is frozen, except where necessary as determined by the Town Road Superintendent.
Removal of paving. In opening any road or other public way, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing material and together with the excavated material from trenches shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water.
Protection of public. Every permittee shall enclose with sufficient barriers each opening which it may make in the roads or public ways of the Town. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, its agents or employees. Amber lights or flashers shall be kept burning from sunset to sunrise, one amber light or flasher to be placed at each end of the opening in the road or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the Town Road Superintendent, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through the period of the work. Each party making such opening shall be held liable for all damages, including costs incurred by the Town in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such party or its employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
Replacing road surface. In opening any road or public way, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs shall be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which, in the opinion of the Town Road Superintendent, is not suitable for refilling, shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the road or public way in perfect repair, the same to be maintained for a period of one year. In refilling the opening, the earth shall be laid in layers not more than 12 inches in depth and each layer rammed, tamped or flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Town may elect to make the pavement repair for any road or public way opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the party making the road opening.
Whenever the Town Board determines to provide for the permanent improvement or repaving of any road, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Town Board, the Town shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under the road or any real property abutting the road that all such excavation work in such road must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate the road for a period of five years after the date of improvement or repaving, unless in the opinion of the Town Road Superintendent an emergency exists which makes it absolutely essential that the permit be issued.
In the event of an emergency, any party owning or controlling any sewer, water main, conduit or utility in or under any road and its agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protecting of property, life, health or safety without obtaining an excavation permit; provided that such party shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining a permit hereunder.
The provisions of this article shall not apply to excavation work under the direction of the Town Board or by contractors performing work under contract with the Town necessitating openings or excavations in Town roads.