A.
No person, partnership, utility or corporation, or their agents or employees or contractors shall make or cause alteration, extension or addition within the road rights-of-way without a permit issued by the Director of Public Works.
[Amended 4-16-2020 by Ord. No. 20-05]
B.
An application for the permit shall be submitted to the Director of Public Works with a written plan of the proposed alteration, extension or addition, showing its location and details of construction, including specified depth, method of auguring, provisions of restoration and whatever the Town would deem necessary for review and consideration. The Director of Public Works shall approve or deny a permit application within 60 days of receipt of the application. If a permit application is denied, the Director of Public Works shall provide the applicant with a written explanation of the reasons for denial.
[Amended 4-16-2020 by Ord. No. 20-05]
C.
No openings in the roads, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Director of Public Works.
[Amended 4-16-2020 by Ord. No. 20-05]
D.
In any opening or excavation, all paving or ballasting 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 in the rights-of-way.
E.
Every opening and excavation shall be enclosed with sufficient barriers. 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 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 neither 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 employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
F.
Unless the work shall be commenced within 30 days from the date of approval, permission shall be void, and a new request must be submitted. The Town may extend the time limitation for good cause. The applicant shall have present at the site of construction and during the restoration period a copy of the construction plans and Town's written permission.
G.
It shall be the duty of the permittee to notify the Director of Public Works and all private individuals, firms and corporations affected by the work to be done at least 24 hours before such work is to commence. The Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.
[Amended 4-16-2020 by Ord. No. 20-05]
H.
During the period of construction and excavation, the utility shall take all reasonable precaution, including following all industry standards, in protecting the safety of all persons, including but not limited to area residents, motorists and Town employees, who are likely to be in the area of construction and/or excavation. The utility shall also take reasonable precaution necessary to protect the environment and prevent erosion.