[Adopted 3-10-1969 ATM; amended 4-29-1985 TM (Ch. 4, § A, of the Bylaws)]
A. 
No person, firm, corporation, public utility or agency other than the Selectmen or the Director of Public Works in the lawful performance of their duties, or those acting under their orders, except such other persons as are or may be authorized by statute, shall break or excavate the ground in any street or public way in the Town, or dig below the surface thereof, or place any obstruction thereon, or construct a driveway entrance from any street, without first obtaining a written permit therefor from the Selectmen.
B. 
The Selectmen may promulgate and adopt rules and regulations concerning the issuing hereunder of the permits and the requirements for the satisfactory performance of the work authorized under such permit, together with such other matters reasonably related thereto and to implementation and enforcement of the provisions of this bylaw. Prior to adoption of the same, the Selectmen shall hold at least one public hearing on the same, which hearing shall be duly advertised in any newspaper of general circulation in the Town. Copies of the regulations shall be published and made available for sale to the public at a price reasonably calculated by the Selectmen to recover all of the costs of preparing and distributing the same.
No such permit shall be issued until after receipt by the Board of Selectmen of a written application therefor made in writing on forms provided by the Selectmen and signed by the applicant or his authorized representative.
All persons acting under such permit shall put up and maintain a suitable railing or fence around the part of the street affected so long as the same shall remain unsafe or inconvenient for travelers, and such person shall keep one or more lighted lanterns fixed to such railing or fence, or in some other way exposed, every night from dusk through the entire night.
No such permit shall be issued until after the applicant has deposited with the Selectmen a surety bond or security deposit, in form and amount acceptable to the Selectmen, guaranteeing that any road surface worked upon thereunder will be restored without cost to the Town.
No such permit shall be issued until after the applicant has filed with the Town a certificate of insurance in amounts acceptable to the Selectmen conditioned substantially that the applicant shall indemnify and save harmless the Town of Lynnfield and its officers from all suits and actions of every kind brought against said Town and its officers for or on account of any injuries or damages received or sustained by any person in consequence of, or resulting from, any work performed by or negligence of said applicant, his servants, agents or employees.
The fee for permits issued under this bylaw shall be set from time to time by the Selectmen and may be waived by them in their discretion.
Upon the filing of an application and security as aforesaid, and payment of any fee, the Selectmen shall cause to be issued, on forms provided by them, a permit specifying the nature and location of the work to be done, the terms and conditions of such work imposed to preserve public safety and convenience, and the time within which such work is to be completed, but such time shall not be longer than one year from the date of said permit. Notwithstanding such other conditions as may be imposed, it shall be a condition of each permit issued under this bylaw that the applicant shall, for a period of one year from the date of issuance of such permit, save harmless the Town of Lynnfield from any and all claims for damages arising from or in consequence of any work performed by or any act or omission of the applicant under such permit or of the applicant's servants, agents or employees.
Permits issued under the provisions of this bylaw shall expire as follows: Upon completion of all work specified on the permit, including the restoration of any excavation and the removal of any obstruction, the applicant may present the permit to the Board of Selectmen, which shall cause the Director of Public Works to inspect such work. If the work has been completed to the Board's satisfaction, and in accordance with the terms and conditions of said permit, the Selectmen shall certify the same and the expiration of the permit thereon.
The Selectmen and the Director of Public Works are authorized to inspect, or cause to have inspected at any time, any or all work performed under a permit issued hereunder. If, in the opinion of the Selectmen and/or the Director of Public Works, the public safety and welfare so warrant, they or he may order the applicant to fill and resurface any excavation or remove any obstruction within 12 hours of such notice; and if such order is not complied with within such time, he or they may cause such work to be done and the applicant shall be responsible for the cost thereof.
A. 
Section 217-7 of this bylaw shall not apply to public utilities or service companies which elect, in lieu of a bond, to enter into a legally binding agreement with the Town of Lynnfield securing said Town as provided therein.
B. 
Nothing in this bylaw shall be construed to prevent or unduly delay the making of any necessary excavation or the performance of any work related thereto by any public service company in the event of an emergency, and in such cases such public service company may proceed with such work without regard for the provisions of this bylaw, provided that within a reasonable period of time after the cessation of such emergency, and not longer than 10 days, all provisions of this bylaw shall become effective with respect to such work.
Nothing herein contained shall be construed to relieve any applicant from any obligations or liabilities to the Town of Lynnfield.
Any person, firm or corporation violating any provisions of this bylaw shall be punished as set forth in Chapter 58, Penalties and Enforcement. Each day such a violation shall continue after notice to the offender shall constitute a separate offense.
In the event that any provision of this bylaw shall be held invalid, such invalidity shall not affect the validity of any other provision thereof.