[Code 1969, § 13-12; Ord. No. 73, 7-10-1967]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DIRECTOR
Shall mean the director of public works of the town or his authorized agent.
PAVING
Shall mean any kind of hard surfacing, including but not limited to, concrete, bituminous concrete, brick, stabilized gravel or crushed stone or combinations of such materials. Paving shall include oiled gravel surface.
PUBLIC UTILITY
Shall mean any private or municipally owned water, gas, telephone, telegraph, electric, sewer and railroad company or department thereof.
STREET
Shall mean the entire right-of-way of a public street, highway, alley, way, road or easement under the jurisdiction of the town.
[Code 1969, § 13-13; Ord. No. 73, 7-10-1967]
(a) 
No pavement shall be opened or cut and no excavation made within the rights-of-way of streets by any person without first having obtained a permit for such work from the department of public works. The application for a permit shall include a description of the work to be performed, the name of the street, the type of pavement to be broken, an estimate of the time required to complete the work, the names of the applicant and the contractor who will perform the work and any other pertinent information that the director of public works may deem necessary. When all requirements of this article have been met, the director of public works shall issue a permit authorizing the work. Each permit, unless previously extended or revoked, shall expire six months from date of issue.
(b) 
The provisions contained in subsection (a) of this section prohibiting the opening or cut of any pavement or the making of any excavation without first obtaining a permit for such work, shall not apply to emergency work performed by a public utility for the restoration of service due to the breakage or failure of water lines, sewers, electric lines or communication facilities, but the emergency openings shall be reported to the department of public works within 96 hours after the breakage of such pavement or making of such excavation, and at the time of such reporting a permit for the work shall be obtained.
[Code 1969, § 13-14; Ord. No. 73, 7-10-1967]
(a) 
By August 8, 1967, and upon furnishing to the town the insurance required by section 13.5-54, public utility companies will be issued permits for work done by their own full time staff forces. Each such permit shall be in force until it is revoked by the director of public works for violations of the provisions of this article or any other relevant provisions of this Code or other ordinances or regulations. However, copies of all work orders for any and all excavations in town maintained streets shall be submitted to the office of the director of public works prior to commencement of such work except as noted in section 13.5-52.
(b) 
Private contractors doing work for public utilities must obtain a permit on an individual job basis.
[Code 1969, § 13-15; Ord. No. 73, 7-10-1967]
Before any permit is issued, the permittee or his contractor shall furnish the town with a certificate of insurance indicating that the permittee or contractor and the town jointly and severally are covered by public liability insurance written by a company acceptable to the town with limits of at least $300,000.00/$1,000,000.00 for bodily injury and $50,000.00 for property damage. Such insurance shall include protection against liability arising from completed operations for 12 months after completion of the work.
[Code 1969, § 13-16; Ord. No. 73, 7-10-1967]
(a) 
The permittee or his contractor, except as noted in this section shall furnish to the town a performance bond in an amount equal to the estimated cost of restoring the streets or $1,000.00, whichever is greater. The bond may be a cash bond, deposited with the director of finance or a performance bond written by a surety company acceptable to the town. All bonds so deposited shall continue in force until 12 months after satisfactory completion of the work.
(b) 
Public utility companies will be excluded from bonding when the work to be done is to be by their own full time staff forces. Private contractors doing work for public utilities shall be required to post bonds in accordance with the section.
[Code 1969, § 13-17; Ord. No. 73, 7-10-1967]
All pavement cuts shall be made in a workmanlike manner. Longitudinal cuts shall be made parallel to the centerline of the roadway. The ends of the cuts shall be made at right angles to the side lines of the cut. Cuts shall be made no larger than is necessary to perform the work efficiently and every reasonable effort must be made to prevent damage to adjoining pavement.
[Code 1969, § 13-18; Ord. No. 73, 7-10-1967]
Excavations shall be carried on in a manner which will cause as little inconvenience to the public as possible. All excavations shall be properly sheeted, shored or braced as required by the department of public works to prevent cave-ins and to protect adjoining property and workmen. Excavations shall be properly barricaded at all times and warning lights displayed between one-half hour before sunset to one-half hour after sunrise. If deemed necessary the director of public works may require continuous attendance at any open excavation.
[Code 1969, § 13-19; Ord. No. 73, 7-10-1967]
All backfill shall be placed in six-inch layers and each layer properly compacted before adding the next layer. If the material excavated from the ditch is unsatisfactory material for backfill, the director of public works may require the backfill to be made with material approved by him. No stone larger than three inches shall be placed in the backfill material at a depth of less than two feet from the finished grade.
[Code 1969, § 13-20; Ord. No. 73, 7-10-1967]
The base for the road shall be equal to the existing base but shall not be less than 12 inches of well graded bank run gravel with maximum aggregate size of three inches. Bituminous concrete binder course may be substituted for macadam base in equal depth. No surface shall be placed without first notifying the department of public works 24 hours in advance.
[Code 1969, § 13-21; Ord. No. 73, 7-10-1967]
(a) 
At the time the barricades are removed from around the work area, any pavement broken during the course of the work under the permit shall be restored by the permittee either by a temporary or permanent restoration.
(b) 
A temporary restoration may be made with the approval of the director of public works by application of one inch of bituminous cold patch over a previously prepared compacted gravel base 12 inches thick. The cold patch surface shall be level and smooth.
(c) 
A permanent restoration may be made by restoring the pavement and base at least to the conditions existing previous to the start of work, but in no case with less than two inches of bituminous concrete at a width of six inches beyond all sides of the excavation.
(d) 
If the permittee elects to make a temporary pavement restoration at the time the barricades are removed, it shall be replaced prior to the expiration of the permit with a permanent restoration.
(e) 
The permittee shall be responsible for the maintenance of all temporary restorations of pavement and for the maintenance of all permanent restorations of pavement for one year after completion of the work.
[Code 1969, § 13-22; Ord. No. 73, 7-10-1967]
In disturbed areas other than street pavements, the surface shall be restored to a condition at least equal to that prior to excavation. Lawn areas shall have a minimum of four inches of loam and shall be seeded.
[Code 1969, § 13-23; Ord. No. 73, 7-10-1967]
(a) 
The permittee shall keep his work area in a clean condition at all times and upon completion of the work shall promptly remove all equipment, tools, materials, excess earth or rubbish from the work area.
(b) 
The permittee shall be responsible for seeing to it that all workmen on the job observe sanitary requirements.
[Code 1969, § 13-24; Ord. No. 73, 7-10-1967]
The permittee shall comply with all directives of the director of public works made necessary by field conditions and if he fails to do so, the director of public works is authorized to revoke the permit.
[Code 1969, § 13-25; Ord. No. 73, 7-10-1967]
It shall be the responsibility of the permittee to maintain safe passage for the public at all times unless the director of public works authorizes the permittee in writing to close the street or highway to public travel. The director of public works may, at his discretion, authorize the closing of a street by the permittee when he finds that field conditions make it unreasonably difficult for the permittee to carry out the work while maintaining safe passage for the public; provided that the safety and welfare of the public will not be jeopardized. Before authorizing any such closing, the director of public works shall consult with the chief of police, the appropriate fire chief and such other officials as he deems necessary to help him evaluate the effect of any such closing on the safety and welfare of the public. The director of public works may limit the hours the permittee may close the street and issue such other directives as he deems necessary in the interest of the public. The permittee shall provide uniformed traffic officers for traffic control at the excavation, if so directed by the director of public works or the chief of police. Safe and adequate ingress and egress to and from abutting property shall be provided for both vehicular and pedestrian traffic, except during working hours when construction operations make this impossible. Free access shall be provided at all times to fire hydrants.
[Code 1969, § 13-26; Ord. No. 73, 7-10-1967]
(a) 
All work undertaken under the terms of this article shall be subject to inspection at all reasonable times by the director of public works.
(b) 
Upon completion of the project authorized by the permit, the director of public works shall make final inspection of the project, and upon approval and acceptance by him, the permittee shall be notified of this approval and acceptance, and such approval shall be entered on the permit. If on final inspection, the director of public works shall disapprove the project, the permittee shall be responsible for adjusting and correcting the project until it shall meet the director of public works' approval.
[Code 1969, § 13-27; Ord. No. 73, 7-10-1967]
The permittee shall comply with and all work shall be done in accordance with all provisions of this article and all other relevant provisions of this Code or other relevant ordinances and regulations. If this is not done, the director of public works is authorized to revoke the permit.
[Code 1969, § 13-28; Ord. No. 73, 7-10-1967]
This article shall not be construed as imposing upon the town or any official or employee thereof any liability or responsibility for damages to any person injured by the performance of any excavation or restoration work for which an excavation permit is issued hereunder; nor shall the town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation or restoration work.