No person, except a duly authorized officer of the Town, shall, without a permit from the Board of Public Works, dig up any portion of a public way. Every permit granted shall specify the length of time it shall continue in force. Every person receiving such permit shall execute a written agreement to indemnify and save harmless the Town against all damages, attorneys' fees or costs by reason of any claim for damages arising out of the existence of such excavation. The Board of Public Works may impose such conditions, terms and limitations as it shall see fit in respect to erecting barricades, maintaining lights, and taking other precautions for the safety of travelers.
[Adopted 1997 ATM by Art. 43 (Art. 75 of the General Bylaws)]
[Amended 4-24-2017 ATM by Art. 10]
Whenever the Town has developed plans to apply an asphalt overlay (1 1/2 inches or greater in thickness) or to perform any other kind of substantial repair or reconstruction of a publicly maintained street, the Board of Public Works, or its representative, will give written notice to the Town departments and to all public utilities which it knows to have pipes, wires or other facilities in or under the street proposed for repair. Notice shall also be given by publishing the same once in a newspaper of general circulation in the Town. Such notices shall be given at least 60 days prior to the date upon which construction is to begin.
Any person or utility wishing to install pipes, wires or other facilities under the street proposed for repairs shall have 60 days from the date such notice is published in which to install or lay any such facility. If an extension of time is needed by a person or utility for the installation of such facilities, the person or utility shall make a written application to the Board of Public Works explaining fully the reasons for requesting such an extension of time. In making its decision, the Board shall weigh the public interest in expeditious completion of the proposed street improvements against any hardship which may be suffered by the applicant if an extension is not granted. The decision of the Board shall be final as to any requested extension.
[Amended 4-24-2017 ATM by Art. 10]
At the expiration of the time period and after such street has been reconstructed, no permit shall be granted to open such street for a period of three years after conclusion of construction, unless in the judgment of the Board of Public Works an emergency condition exists or the necessity for making such installation could not reasonably have been foreseen at the time such notice was given. If a permit is granted during such three-year period, the Town may impose extraordinary conditions on the permittee as necessary to preserve the structural condition of the pavement to the same extent as if the street had not been opened, and to blend the patch necessitated by the street opening with the existing pavement.
Any person or entity found having opened the public right-of-way without the proper authority or permit shall be assessed the appropriate fee plus a fine of $300.