[Adopted 4-8-2008 by Ord. No. 08-1]
No person, partnership, utility or corporation, or his or its agents or employees or contractors, shall make or cause to be made any opening, excavation or boring in or under any public street, public road, public alley, 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 Herman without a permit therefor from the Town Chairperson or Clerk, or his/her designee. Included within the the scope of this section are temporary accesses (such as used with construction projects) and utility cabinet installations in a public right-of-way or public lands, or which must utilize public lands or right-of-way areas in order to construct or install a utility cabinet or other utility apparatus/equipment on private land.
The utility or contractor shall submit to the Town a written request for a utility construction/street excavation permit and a plan of the proposed alteration, boring, access, utility cabinet/equipment installation, extension or addition, showing its location and details of construction, including specified depth, method of excavation, open cut or auguring, provisions of restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit the utility or contractor agrees to be bound by the regulations of this section and § 334-2.
Fee. The fee for an excavation or opening permit shall be in accordance with the Town Board's current fee schedule, plus applicable security deposits and fees. The fee shall be paid to the Town Clerk or Treasurer, who shall issue a receipt therefor. Town authorities are authorized to adjust and require such fees and security amounts on a case-by-case basis in the case of temporary access or utility cabinet/equipment construction projects based on the scope of the project.
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Town satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $1,000,000 per one person, $1,000,000 for one accident and property damage coverage of not less than $1,000,000.
Before a permit for excavating, boring or opening any street or public way may be issued, or for the installation of utility cabinets/equipment, or construction of a temporary access, the applicant must sign a statement that he/she will indemnify and save harmless the Town of Herman and its officers from all liability for accidents and damage caused by any of the work covered by his/her permit, and that he/she will fill up and place in good and safe condition all excavations and openings made in the street or public lands, and will replace and restore the pavement over any opening he/she may make as near as can be to the state and condition in which he/she found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Board for a period of two years, and that he/she will pay all fines imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Town Board and will repair any damage done to existing improvements during the progress of the excavation, or other work regulated by this section, in accordance with the ordinances, rules and regulations of the Town. Such statement shall also guarantee that if the Town shall elect to make the street or other necessary repairs, the person responsible for obtaining a permit under this section and § 334-2 shall pay all costs of making such repairs and of maintaining the same for two years. With such project, including the construction of temporary accessways and the installation of utility cabinets/equipment, the Town may include in the scope of the project, including insurance and restoration security requirements, the possibility of damage to, and restoration work for, roads being utilized to access the construction site(s). Town officials, at their discretion, shall require an escrow account deposit, letter of credit or bond to guarantee the availability of financial resources to make such repairs; such security deposit amount, and the refund of any or all such funds, shall be determined by Town officials given the scope and nature of the project work.
Whenever the Town Board shall find that any such work has become defective within two years of the date of completion, it shall give written notice thereof to the contractor stating the defect, the work to be done, the cost thereof and the period of time deemed by the Town Board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Town for the cost of doing the work as set forth in the notice.
Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Town Chairperson or Town Clerk, or his/her designee.
Removal of paving. In any opening or excavation, all paving materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
Protection of public.
Every opening and excavation shall be enclosed with sufficient barriers, and sufficient warning lights shall be kept on from sunset to sunrise. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Town, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet where pipe or conduit has been laid.
All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person 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 person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
Replacing street surface. In opening any public street, public alley, public sidewalk, public way, public easement or public ground, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must 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, is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed. In refilling the opening, the earth must be laid in layers not more than six inches in depth and each layer mechanically rammed or tamped to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. Trenches shall be compacted to 95% Modified Proctor, with test results from a certified soil tester filed with the Town if so requested. The Town may elect to have the opening for any street or sidewalk repaired by the Town, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.
Notice. It shall be the duty of the permittee to notify the Town Chairperson and/or Town Clerk, or the Town Engineer when requested by the Town, and adjacent landowners affected by the work to be done at least 24 hours before such work is to commence. The Town Clerk and/or Chairperson, or the Town Engineer when requested by the Town, shall also be notified at least four hours prior to backfilling and/or restoring the surface.
Validity of permit. Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void, and a new permit must be obtained and an additional fee charged. The Town may extend the time limitation for good cause. The utility or contractor shall have present at the site of construction and during the restoration period a copy of the construction plans and Town permit.
Backfilling. Reconstruction shall be in accordance with the current cross section or according to Town road standards, whichever is stricter. If the surface is not restored as required, the Town may restore the surface and bill the permittee therefor; the Town shall perform such work and bill the cost thereof to the permittee.
Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley, easement, way or ground and his/her agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day.
Excavation in new streets limited. Whenever the Town Board determines to provide for the permanent improvement or repaving of any street, 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, Town sanitary/utility district or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street that all such excavation work in such street must be completed within 90 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Town Board, an emergency exists which makes it absolutely essential that the permit be issued.
The provisions of this section shall also apply to the construction of a temporary access and the installation of utility cabinets/equipment when a public right-of-way or lands are involved or utilized.