Any work related to the installation, replacement, extension,
repair, maintenance and/or inspection of utility services, which will
disturb any part of the paved or unpaved portions of the Town's
rights-of-way or the soil underneath any paved street, shall require
prior to the start of such work, a written permit from the Town issued
after approval by the Town of a permit application and payment to
the Town of applicable permit fees.
If any such work, as described in §
192-11 above, must be performed on an emergency basis outside of normal Town business hours and prior to obtaining the required permit, the utility or its contractor must so notify the Elsmere Bureau of Police before starting such work and obtain a permit retroactively on the first regular business day thereafter.
Permits shall only be granted upon compliance with the following
expressed provisions:
A. A written application shall be filed with the Town and signed by
the person desiring such permit. Such application shall set forth
the purpose and full scope of the proposed utility construction work
and approximate dates during which such work is to be carried out,
including restoration of all disturbed areas. An applicant shall furnish
with the application a drawing or other applicable information necessary
provide an adequate description of the proposed scope of work. Description
of work provided with the application shall include all necessary
construction information, including but not limited to the location
and depth of all trenches and borings, width of trench, fill material,
compaction methods, type of boring sleeve, location and size of boring
pit, etc. In cases where the extent of the work is not known, such
as attempting to locating leaks in existing pipes, the Town Manager
shall determine what information is necessary.
B. Each applicant shall agree to comply with all provisions contained
in this article.
C. Each applicant shall pay to the Town a permit fee as stated in Schedule
A attached.
D. For major projects, the Town reserves the right to require each applicant
to notify all other applicable utilities of the proposed work, to
determine if simultaneous installations of other utility services
can be made, so as to limit the amount of disturbance in the right-of-way.
E. Where the permit is required for water supply or sewer service, the
application shall be countersigned by the Town Code Enforcement Officer.
F. The applicant shall pay to the Town any and all monies then due to
the Town for any losses, damages or expenses incurred by the Town
arising from prior work done by the applicant under the provisions
of this article. In the case where the applicant is in a legal dispute
with the Town pertaining to a previous permit, the Town Solicitor
shall review the application on a case-by-case basis.
G. The applicant shall have a valid permit from the State of Delaware,
or New Castle County as is applicable, and a valid business license
issued by the Town prior to the issuing of the permit except for emergency
work.
H. Applicant shall agree to save and hold harmless the Town, its officers,
employees and agents from any and all costs, damages and liabilities
which may accrue or be claimed to accrue by reason of personal injury
and/or property damage arising from such work done by the permittee
under the provisions of this article. The acceptance of any permit
under this article shall constitute such an agreement by the permittee
whether the same is expressed or not.
I. Unless a certificate is on file with the Town, the applicant shall
submit to the Town a certificate of insurance properly executed by
the applicant's insurance agency. Such certificates of insurance
shall verify that the applicant is insured against claims for personal
injury as well as against claims for property damages which may arise
from or out of the performance of the work, whether such performance
is by the permittee or anyone directly or indirectly employed by him.
Such insurance shall include protection against liability arising
from completed operations, underground utility damage and collapse
of any property. Liability insurance for bodily injury to each person,
each accident, and for property damages shall be required in an amount
$1,000,000 per person/$3,000,000 per occurrence.
J. Any person other than public utility companies applying to cut a
paved street or excavate within the Town right-of-way shall furnish
a corporate surety bond executed by a reputable surety company licensed
to do business in the State of Delaware. Such bond shall cover all
street opening and restoration work that will be performed under the
permit. The bond shall be in effect for a thirty-six-month period.
The minimum amount of the surety bond shall be $1,000 unless any excavation
and restoration work under a permit exceeds such amount. In this case,
such person shall secure additional bonding in an amount equal to
the difference between the $1,000 and the dollar amount computed in
accordance with Schedule B attached.
In no case shall a permittee disturb in any way a greater or
different area not specified in the original permit. If the permittee
determines during construction that an additional or greater area
will have to be disturbed, he shall notify and secure permission from
the Town for the additional disturbance. Upon receipt of verbal permission
from the Town, the permittee shall file a supplementary written application
for the work no later than the next workday. The fee for such supplementary
permit shall be as stated in Schedule A attached. In cases where the extent of the work is not know, such
as attempting to locate leaks in existing pipes, it shall be noted
on the application that additional work may be necessary to complete
the work.
When the Town reconstructs or resurfaces any street, the Town
shall first serve written notice by certified mail of such improvements
to all public or private utility companies operating in the Town.
Within 60 calendar days from receipt of such notice, all notified
utility companies shall notify the Town of any intent to make scheduled
repairs and replacement of utility mains, service connections and/or
laterals existing under the street. Within 120 calendar days from
receipt of such notice, all notified utility companies shall complete
or cause to be complete all necessary repairs and replacement of utility
mains, service connections and/or laterals existing under the street.
Notified utility companies shall also complete or cause to be completed
any anticipated new installations, under the street, required for
use within a two-year period thereafter.