Any person desiring to dig up, tear up, destroy or repair any
of the streets, alleys or other public ways of the Town shall first
obtain a written permit from the Burgess and Commissioners to do so.
Such permit shall prescribe the situs, manner and duration of excavation.
A.
All applications to dig up, tear up or disturb any street, alley
or other public way in the Town for the purpose of laying pipes or
any kind or repairing the same, or for any purpose whatsoever, shall
be in writing. They shall be made in triplicate and submitted to the
Director of Public Works. Each of the three applications shall be
signed by the person or department seeking the permit. After the permit
has been issued, one copy shall be returned to the applicant and two
copies shall be retained by the Burgess and Commissioners. Each of
the permit applications shall state:
[Amended 8-10-2023 by Ord. No. 2023-03]
B.
A standard fee shall be charged for each permit issued.
A.
Whenever any person, excluding all departments of the Town, shall
receive a permit to dig up, tear up or repair any street, alley or
other public way in the Town, the person receiving such permit shall
obligate himself to pay to the Town the sum of money equal to the
cost of a complete restoration of the street, alley or other public
way of the Town so dug up, torn up or repaired. Satisfactory restoration
of streets, alleys and rights-of-way shall satisfy the above obligation.
B.
The Burgess and Commissioners, at their discretion, may require any
applicant to furnish a good and sufficient indemnity bond to indemnify
the Town against loss or any default or negligence of such applicant
in the exercise of the activities authorized by any such permit or
for any default in payment of the costs of restoration.
Any person, including all officers and employees of the Town,
who has obtained permission to dig up or disturb any of the streets,
alleys or other public ways of the Town, is required to take all proper
measures to assure the safety of passing vehicles and pedestrians
from loss of life or injury to person or property by the erection
of a fence or barrier by day and, in addition thereto, by displaying
one or more flashers at night at the portion or portions left open
and also at every street crossing on the line of work when the same
may be left open.
[Amended 9-27-1978 by Ord. No. 101]
It shall be unlawful for any person or the officer or employee
of any corporation of the Town to violate the terms and conditions
of any permit issued pursuant to this article. Any person convicted
of any such violation shall be guilty of a misdemeanor and shall be
punished as provided in the Charter of the Town of Walkersville.[1]
