A.
No person, persons or corporation, county or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, tunnel or drive under or in any way impair the surface or subsurface within the limits of the right-of-way of any municipal road without first obtaining a permit from the Borough's (for permit applications for Division Street, between Main and South Streets) authorized representative. The permit or copy thereof shall be displayed at the site during the duration of the work and shall be presented for inspection upon request of the Borough's authorized representative.
B.
No permit shall be issued to open the pavement of any road which has been constructed or reconstructed for a period of five years from the date of completion of said construction except in the event of an emergency. No permit shall be issued to open the pavement of any road which has been resurfaced for a period of three years from the date of completion of said work except in the event of an emergency. An emergency is a situation which may result in harm to the public's health, safety and welfare or damage to public and/or private property.
C.
Application for a permit shall be made in writing on forms as prescribed by the Borough and filed at least two weeks prior to the proposed commencement of any work. Plans, profiles and other details necessary to accurately depict the work to be performed shall be submitted with the application. When an opening is less than 100 feet long and municipal facilities other than road surfaces will not be affected, the Borough may waive the requirements for submission of plans. If the requirement for submission of plans is waived, a sketch attached to the application showing the proposed work and its exact location will suffice. Plans shall not be waived for applications on Division Street between Main and South Street.
(1)
The Borough's authorized representative shall review the application and accompanying date. The applicant will then be notified as to any objections to the application, the amounts of application and deposit fees to be posted, and any conditions to be imposed on the application.
(2)
When satisfied that the applicant has complied with all provisions governing the application, the Borough will issue a permit. No work shall commence until the date set forth in the issued permit. Except in the event of an emergency, the first day of work for which a permit is issued cannot be a Friday, Saturday, Sunday or eve of a legal holiday.
(3)
In the event of an emergency, the two-week filing period may be waived by the Borough's authorized representative and the permit may be issued within a shorter period of time as may be deemed appropriate. If circumstances warrant, an oral application may be made and a temporary permit may be issued followed by a written application submitted within 48 hours.
D.
The applicant must be a contractor, either corporate, individual or partnership, who will be actually engaged in the performance of the work under the permit and who will be directly responsible for the performance of the work, for the adherence of the work to the specifications, and for the safety of the public. The application shall be made for and on behalf of the owner for whom the work is being done and shall be countersigned by such owner. Permits will not be issued directly to private owners without specific approval of the Borough's authorized representative.
E.
Prior to the issuance of a road opening permit which shall involve a sanitary sewer connection or repair or disturbance of the stabilization of a sanitary sewer, the applicant must first obtain the appropriate permit from the Somerville Sewer Engineer.
F.
Division Street between Main and South Streets consists of an integrally dyed concrete with a custom stamp. The road is a multiuse surface that is unique to the Borough and to the region. The restoration of the road will be performed by the Borough using funds posted in an escrow account by the contractor/utility company unless the utility company or contractor can demonstrate that they can restore the surface to its original condition. The Borough will determine if the utility company and/or contractor can restore the road.