[1]
Editor's Note: Ordinance No. 2023-242, adopted 3-6-2022, amended Art. II in its entirety. Former Art. II pertained to excavation and derived from prior code §§ 22-18 to 22-23.
[Ord. No. 2023-242, 3-6-2022]
All construction, excavation and work of any kind and any conduct in, above or under any public right-of-way, including but not limited to any street, sidewalk, curb, gutter, alley or other public place, shall be subject to the provisions of this Article. This Article does not apply to conduct regulated by a Town-issued special event permit.
[Ord. No. 2023-242, 3-6-2022]
The Town Manager shall adopt rules and regulations describing the procedures and specifications under which work in the public right-of-way shall be conducted. Such rules and regulations shall be on file and available for public examination in the office of the Town Clerk. The failure to comply with any rule or regulation promulgated under this Article, as amended from time to time, shall be deemed a violation of the Code. The Town Manager may delegate any duty specified in this Article to a qualified employee, contractor or agent of the Town.
[Ord. No. 2023-242, 3-6-2022]
Except an employee or contractor of the Town, unless a written exemption is provided by the Town Manager, all persons seeking to conduct work of any kind in the public right-of-way shall obtain a right-of-way permit from the Town prior to the commencement of such work and shall comply with the terms of the right-of-way permit when conducting such work. The right-of-way permit shall be available at the job site and produced upon request. The work authorized by the right-of-way permit shall be commenced within a reasonable time after issuance of the permit and shall be diligently and continuously performed until completion. In the event that weather, process of law or any other unexpected obstacle causes work to be stopped for so long a time that public travel would be unreasonably obstructed, the Town Manager may require that the work cease and, if applicable, the excavation refilled and repaved.
[Ord. No. 2023-242, 3-6-2022]
(a) 
Except an employee or contractor of the Town, unless a written exemption is provided by the Town Manager, all persons seeking to conduct work of any kind in the public right-of-way shall obtain approval of a traffic control plan from the Town prior to the commencement of such work and shall comply with the approved traffic control plan when conducting such work.
(b) 
Except an employee or contractor of the Town, unless a written exemption is provided by the Town Manager, no person shall close or restrict any public right-of-way without the written consent of the Town Manager and without obtaining approval of a traffic control plan from the Town prior to such closure or restriction.
[Ord. No. 2023-242, 3-6-2022]
Unless a written exemption is provided by the Town Manager, upon the issuance of a right-of-way permit, the permittee shall pay a fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
[Ord. No. 2023-242, 3-6-2022]
Any person violating any provision of this Article shall be deemed guilty of such violation and, upon conviction thereof, shall be penalized as provided in Article IV of Chapter 1 of the Code.