[Ord. of 12-6-1989, § II(A)(1); amended 4-7-2021 by Ord. No. 21-06]
Any person who intends to breach or in any way disturb, change, or extend any road, berm, curb, sidewalk or shoulder within the limits of a public way and all Town property, including undeveloped streets, rights-of-way and easements, shall obtain a permit from the Town which is signed by the director.
[Ord. of 12-6-1989, § II(A)(2)b., c., f.]
(a) 
The application form for a permit required in this division shall be obtained from the department of public works.
(b) 
Completed applications shall be submitted to the department of public works no later than five full working days prior to the start of any work. Each application shall be accompanied by plans showing the exact location of the excavation by using house numbers, pole numbers, etc., and by specifications which are commensurate with the size and complexity of the proposed work.
(c) 
For an emergency repair, such as a break in a public utility pipe or line, a permit shall be applied for within one working day following the start of work and shall contain a written statement of the conditions which necessitated the work. Notwithstanding the requirements of this subsection, the person or company engaged in the emergency action shall notify the police and who shall notify fire and rescue departments prior to the start of the work. Additionally, the department of public works shall be notified at the earliest possible time the same day or the beginning of the following workday.
[Ord. of 12-6-1989, § II(A)(5)]
(a) 
At the time of application for a permit required by this division, a minimum base charge shall be paid as indicated in the fee schedule established from time to time by the Town Council and on file in the office of the Town Clerk. This charge is in addition to charges assessed by the Town for a sewer connection which requires the issuance of a separate permit. Utility companies may, upon request to the director, pay the application charges on a monthly or fiscal year basis (July 1 to June 30).
(b) 
The initial base application fee shall cover all excavations up to and including 25 square feet. The size of excavation shall be determined by the department of public works or the engineering department at the time of the initial application. The charge for excavation or pavement patch after the initial 25 square feet shall be indicated in the fee schedule.
(c) 
Unless otherwise specified by the director, fees may be paid by check made payable to the Town.
[Ord. of 12-6-1989, § II(A)(2)a., d., e.]
(a) 
Except for an emergency or as otherwise authorized by the director, a permit required by this division shall not be issued for major work in critical areas or areas of high traffic volume during the period of December 1 through April 1. Major work means any excavation that will adversely affect vehicles or foot traffic or create unsightly conditions.
(b) 
Permits shall be issued within three working days following the receipt of the completed application, including fees, securities and the approval of the plans.
(c) 
Permits shall be issued for a period not exceeding six months. They may, with written permission of the director, be extended for an additional period of six months. After one year, a new permit shall be required.
[Ord. of 12-6-1989, § II(A)(6)]
A copy of the permit required in this division, along with any special written instructions issued by the director, shall be posted at the work site so that it is visible to passing vehicles at all times and shall be made available, at any time, to any official of the Town, including employees of the department of public works and the police and fire departments.
[Ord. of 12-6-1989, § II(A)(7)]
A permit required in this division shall be canceled or suspended at any time by the director due to the permittee's failure to comply with this article. Permits are automatically canceled when either the insurance endorsement or posted security are canceled and upon expiration of the time indicated on the permit.
[Ord. of 12-6-1989, § II(A)(8)]
If a permittee fails to perform work in accordance with this article, the director may refuse to issue subsequent permits to the permittee until such time as all prior work performed by the permittee is completed to the satisfaction of the department of public works and it is shown that the permittee will comply with this article in the future.
[Ord. of 12-6-1989, § II(B)]
(a) 
Before a permit required by this division is issued, the permittee shall post a certified check made payable to the Town or an irrevocable letter of credit or surety bond which guarantees the faithful, satisfactory, timely and safe performance of the work in accordance with this article. If a utility company performs its own work, a satisfactory bond or security will be acceptable if the terms guarantee the performance of the work in accordance with this article.
(b) 
All posted securities shall be written to allow the Town, after notice, without further recourse, to perform work deemed necessary by the director to correct any deficiency, and all costs incurred by the Town shall be applied against the security if they are not recovered within 30 days following the date of the bill sent to the permittee. Additionally, it shall provide that the security cannot be released without approval of the director.
(c) 
The irrevocable letter of credit, surety bond and the certified check must be filed with the Town treasurer. Whichever method of security is used, a copy must be attached to the permit application.
(d) 
The security amounts are indicated in the current schedule.
(e) 
The director may require larger amounts of security if the size and complexity of the work so indicates.
(f) 
The guarantee period, during which the permittee shall be responsible for restoration, repair and maintenance, is two years commencing from the date of receipt of the certificate of completion. If the permittee fails to immediately repair or replace the defective work, the department of public works will correct the defect and charge the permittee.
(g) 
The posted security shall be released by the director at the end of the guarantee period, provided no repair work is pending at that time. If repair work is pending, the posted security shall be retained until such time as the repair is completed to the satisfaction of the director or his designee.
(h) 
At the discretion of the director an acceptable annual security may be posted in lieu of individual security for each permit issued.
[Ord. of 12-6-1989, § II(C)]
(a) 
Required. Before a permit required in this division is issued, the permittee shall file with the department of public works an insurance certificate. The policy of insurance shall name the Town as the insured and must be issued by an insurance company authorized to issue such insurance in the state.
(b) 
Coverage. The policy of the insurance shall include the following amounts:
(1) 
Bodily injury liability shall be for not less than $300,000 for injury or death of any one individual and not less than $500,000 injury or death in any one accident.
(2) 
Property damage liability shall be for not less than $300,000 and shall include damage to property caused by explosives and blasting or by vehicles or equipment or from trenches or from any other cause. The director may in his sole discretion require increased limits for property damage.