[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.
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.