This article has been enacted by the Town Council to regulate
the use of public rights-of-way in the interest of public safety and
convenience and to operate and protect public works infrastructure.
Excavation and restoration standards are required to preserve the
integrity, operational safety, and function of the public right-of-way.
As used in this article, the following terms shall have the
meanings indicated:
ADEQUATE SIGHT DISTANCE
Continuous and clear sight of 10 feet of sight distance for
every one mile of posted speed limit. This standard may be reasonably
reduced by the Public Services Director in circumstances where no
reasonable alternative exists.
EMERGENCY EXCAVATION
An immediate excavation necessary to prevent personal injury,
death or the loss or disruption of a private or public utility or
service. The burden of proof of such emergency rests with the applicant.
EXCAVATION
Any operation in which earth, rock, paving or like material
on or below the surface of the ground is moved, displaced, dug, trenched,
tunneled or in any similar manner disturbed, except the agricultural
tilling of soil or gardening.
PUBLIC ROAD
The entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the
public, as a matter of right, for the purpose of traffic, except for
private roads and private ways.
Upon the recommendation of the Public Services Director, and
after seven days' notice published once in a newspaper of general
circulation in the community, the Road Commissioner shall authorize
posted registered gross vehicle weight limits on any Town public road.
Prior to the issuance of any permit, the Public Services Director
shall set the amount of a cash escrow account to be held in a non-interest-bearing
account to secure the completion of all work approved under any permit
issued under this article.
Any person, firm or corporation who or which shall violate any
provision of this article shall be subject to a fine in an amount
established by the order of the Town Council. Each day of continued
violation and every violation of a provision of this article shall
constitute a new and separate offense. If any work performed under
any permit issued under this article is not completed in compliance
with the terms of this article, or if any work is undertaken without
a required permit, the Town may cause such work to be repaired. In
the event of such repair, the Town shall prepare a bill for the cost
of the repair, with an additional amount of 50%. The Town shall issue
no further permits to any person who has performed such work until
the Town receives payment from the person for the repair work.
The applicant shall hold harmless the Town of Cumberland and
its duly authorized agents and employees against any action for personal
injury or property damage sustained by reason of the exercise of an
entrance permit.