It is unlawful for any person to dig up, break, excavate, tunnel,
undermine or in any manner break up any street or to make or cause
to be made any excavation in or under the surface of any street for
any purpose, or to place, deposit or leave upon any street any earth
or other excavated material obstructing or tending to interfere with
the free use of the street, unless such person shall first have obtained
an excavation permit therefor from the town.
(1981 Code, sec. 18-51; Ordinance 95-1, sec. 3, adopted 1995; Ordinance 97-51, sec. 1, adopted 1997)
No excavation permit shall be issued unless a written application
for the issuance of any excavation permit is submitted to the town.
The written application shall state the name and address of the applicant,
the nature, location and purpose of the excavation, the date of commencement
and the date of completion of the excavation, and other data as may
reasonably be required by the town.
(1981 Code, sec. 18-52; Ordinance 95-1, sec. 4, adopted 1995; Ordinance 97-51, sec. 1, adopted 1997)
A.
Before
an excavation permit is issued under this article the applicant shall
deposit with the town clerk a surety bond in the amount of five hundred
dollars ($500.00) payable to the town. The required bond must be:
1.
With
good and sufficient surety;
2.
By
a surety company authorized to transact business in the state;
3.
Satisfactory
to the town attorney in form and substance; and
4.
Conditioned
upon the permittee’s compliance with this chapter and to secure
and hold the town and its officers harmless against any and all claims,
judgments or other costs arising from the excavation and other work
covered by the excavation permit or for which the town, the town council
or any town officer may be made liable by reason of any accident or
injury to persons or property through the fault of the permittee either
in not properly guarding the excavation or for any other injury resulting
from the negligence of the permittee, and further conditioned to fill
up, restore and place in good and safe condition as near as may be
to its original condition, and to the satisfaction of the town, all
openings and excavations made in streets, and to maintain any street
where excavation is made in as good condition for the period of twenty-four
(24) months after said work shall have been done, usual wear and tear
excepted, as it was in before said work shall have been done. Any
settlement of the surface within said two (2) year period shall be
deemed conclusive evidence of detective backfilling by the permittee.
B.
Nothing
herein contained shall be construed to require the permittee to maintain
any repairs to pavement made by the town, if such repairs should prove
defective. Recovery on such bond for any injury or accident shall
not exhaust the bond, but it shall in its entirety cover any or all
future accidents or injuries during the excavation work for which
it is given. In the event of any suit or claim against the town by
reason of the negligence or default of the permittee, upon the town’s
giving written notice to the permittee of such suit or claim, any
final judgment against the town requiring it to pay for such damage
shall be conclusive upon the permittee and his surety. An annual bond
may be given under this provision, which shall remain in force for
one year conditioned as above, in the amount specified above and in
other respects as specified above, but applicable as to all excavation
work in streets by the principal of such bond during the term of one
year from said date.
(1981 Code, sec. 18-53; Ordinance 97-51, sec. 1, adopted 1997)
A.
The
application for an excavation permit under this article to perform
excavation work under this chapter shall be accompanied with a cash
deposit made to the town for deposit with the town clerk. Said cash
deposit is based upon the value of the surface to be disturbed, whether
it be paved or not, with said value to include the cost of labor.
Said value shall be determined by resolution of the town council,
from time to time, as it may see fit. No deposit shall be less than
the amount established according to resolution. Any deposit made under
this section shall serve as security for the repair and performance
of work necessary to put the street in as good a condition as it was
prior to the excavation, if the permittee fails to make the necessary
repairs or to complete the proper refining of the opening and the
excavation work under the excavation permit.
B.
Upon
the permittee’s completion of the work covered by such permit
issued under this article, in conformity with this chapter, as determined
by the town, two-thirds (2/3) of such cash deposit shall be promptly
refunded by the town to the permittee. The balance shall be retained
by the town for the twenty-four (24) month period following such completion
during which the town may use any or all of such deposit to pay the
cost of any work the town performs to restore or maintain the street
as provided in this chapter, in the event the permittee fails to perform
such work. In such event, the amount refunded to the permittee at
the end of such twenty-four (24) month period shall be reduced by
any such amount expended by the town.
(1981 Code, sec. 18-54; Ordinance 97-51, sec. 1, adopted 1997)
A permittee, prior to the commencement of excavation work under
this chapter, shall furnish the town satisfactory evidence, in writing,
that the permittee has in force, and will maintain in force during
the performance of the excavation work and the period of the excavation
permit, public liability insurance of not less than one hundred thousand
dollars ($100,000.00) for any one person and three hundred thousand
dollars ($300,000.00) for any one accident, and property damage insurance
of not less than fifty thousand dollars ($50,000.00), duly issued
by an insurance company authorized to do business in this state.
(1981 Code, sec. 18-55; Ordinance 97-51, sec. 1, adopted 1997)
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit under this article, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of the property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which the town’s offices are open for business, and
shall not proceed with permanent repairs without first obtaining an
excavation permit under this article.
(1981 Code, sec. 18-56; Ordinance 97-51, sec. 1, adopted 1997)
