The following requirements are established under the purview of these
regulations.
Nothing in these regulations shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life or property,
or for making emergency repairs, provided that the utility or person making
the excavation applies to the Town for such a permit on the first working
day after such work in commenced. The application shall contain a written
statement of the conditions which necessitated the work. Contractors performing
emergency work must have a certificate of insurance on file with the Department
prior to performing any work within public places. If, in the judgment of
the Director, traffic conditions, the safety or inconvenience of the traveling
public, or other public interest require that the excavation be performed
in the most expeditious manner, the Director shall have full power to require
that an adequately sized crew of men and equipment be employed by the permittee
so that the excavation work will be completed in a safe manner and the shortest
possible time.
The applicant shall agree as a condition governing the issuance of a
permit that he/she will hold harmless the Town, the Town Manager, the Director,
and/or his agents from any and all claims and actions whatsoever arising,
from the exercising of said permit.
Any permit issued by the Town under this regulation is revocable immediately
upon written notification to the permittee. Written notification shall be
considered to have been given when it has been mailed by certified mail to
the address provided on the permit application or hand delivered to the permittee,
contractor or subcontractor and shall be effective as of the date of mailing
or hand delivery.