[Adopted as amended effective 7-1-1966 and 11-1-1988 (§ 4
of the prior compilation)]
No person, firm or corporation shall make any opening or excavation
in any street, highway, public right-of-way or sidewalk, except a
state highway, for any purpose whatever except under the control and
direction of the Board of Selectmen and only after receipt of a permit
and except in conformity with this article. The fee for this permit
shall be set from time to time by the Board of Selectmen, and all
permits shall expire 30 days after issuance unless sooner revoked.
Applications for such permit shall be made to the Director of
Public Works or his designee, and the applicant shall furnish to the
Director of Public Works or his designee evidence of insurance or
shall furnish a bond with sufficient surety that the Town and its
officers, agents and employees shall be saved harmless from all claims,
suits, liability and actions for, or on account of, any injuries or
damage received or sustained by any person or corporation in consequence
of, or resulting from, any act done or work performed by said applicant,
his servants or agents, including any injuries or damages received
or sustained from the time of the commencement of the work to and
including a period of one year after the opening shall have been repaved.
Whenever any opening or excavation shall be made in any street,
highway, public right-of-way or sidewalk, the person, firm or corporation
making such opening or excavation shall, as soon thereafter as possible,
thoroughly and completely fill such opening or excavation and tamp
and puddle the earth therein so that the same shall not settle and
shall restore and repave the immediate area to the condition in which
it existed before such opening or excavation was made and to the satisfaction
of the Board of Selectmen and also, from time to time, for one year
thereafter shall make such repairs as may be deemed necessary. If
any such opening or excavation shall not be refilled, repaired and
maintained safely and in repair, it shall be the duty of the Town
to do such repairs and to charge the expenses thereof against the
permittee making such opening or excavation, which expense shall be
collected from the permittee by any proper action. In such proper
action, it shall be the obligation of the permittee to pay all expenses
of such legal action together with all reasonable attorney's fees
of the Town. Any permittee may request that the excavation, when backfilled
and tamped and puddled, shall be repaved by the Town of Winchester,
and in the event of such request the applicant shall pay to said Town
the estimated cost of said repaving as established by the Superintendent
of Public Works.
Any person, or any member of a firm, or any officer of a corporation
or firm violating any provision of this article shall be fined not
more than $100 per day for each offense. Each additional day of violation
shall constitute an additional offense.
The Board of Selectmen of the Town may delegate its authority,
but not its responsibility, in this matter to any qualified and competent
person or persons selected by it.
