This regulation governs the opening and excavation
within town rights-of-ways; imposes requirements for the protection
of life and property in connection with work within town rights-of-ways,
including traffic and pedestrian safeguards and protection of utilities
and other property; establishes standards of performance for such
work; establishes a permitting process with fees, surety and insurance;
and prescribes penalties for violation of its provisions. This regulation
shall be known and may be cited as the "Street Opening Regulation
of the Town of Falmouth."
For the purpose of this regulation, certain
words and terms are defined as follows:
ANNUAL
The Town of Falmouth's fiscal year, July 1 to June 30.
APPLICANT
Any person, firm, partnership, association, corporation or
organization of any kind, including utility companies, authorized
to undertake excavation or in any way make a change to existing conditions
in a public way of the Town of Falmouth.
DIRECTOR
Director of Public Works of the Town of Falmouth. He may
from time to time delegate certain of these duties to designees who
act in the town's behalf.
EXCAVATION
Any opening in the surface of a public way made in any manner
whatsoever.
FACILITY
Pipe, pipeline, tube, service, trap, vent, vault, manhole,
meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line,
anchor, cable, junction box, transformer or any other material structure,
or object of any kind or character, whether enumerated herein or not,
which is or may be lawfully constructed, left, placed or maintained
in, upon, along, across, under or over any public way.
PUBLIC WAY
Any accepted street layout, including appurtenances such
as berms, curbs, drains, sidewalks, bike-paths and shoulders within
the layouts, for which the public has access and the town is responsible
for maintaining.
UTILITY
A private company and/or corporation or municipal department
engaged in providing a particular service to the general public.
WORKING DAY
Monday through Friday, holidays excluded, between the hours
of 7:00 a.m. and 4:00 p.m.