The application for a permit shall be in writing
and signed by the applicant or his agent. The applicant shall submit
to the Town Clerk/Treasurer, at the time the permit is applied for,
sufficient information relating to the work to be done, including
the general location and nature of the work and the method the applicant
proposes to use in doing the work. The Town Clerk/Treasurer shall
determine if sufficient information is submitted.
The provisions of this article shall not apply
to excavation work under the direction of the Town or to contractors
performing work under contract with the Town necessitating openings
or excavations in Town roads.
The permit shall be valid for a period of 60 days from the date of approval, except as provided for under §
376-32 for pavement replacement.
If operations have begun under an approved permit
and will continue beyond the sixty-day validation period, the permittee
shall apply for a sixty-day permit renewal by written request to the
Town Clerk/Treasurer. Permit renewals shall be issued at the discretion
of the Town Clerk/Treasurer.
All road work shall be performed in accordance with the current standard specifications for road openings specifically found in §§
376-30 through
376-37. Any damage to grass-covered areas shall be restored to the condition prior to damage.
A permit shall be issued only upon condition
that the applicant submit to the Town Clerk/Treasurer satisfactory
written evidence that applicant has in force and will maintain during
the period the permit is in effect public liability insurance not
less than $500,000 per one person and $500,000 per one accident and
property damage coverage of not less than $500,000.
It shall be the duty of the permittee to notify
the Town Clerk/Treasurer and all public and private individuals, firms
and corporations affected by the work to be done at least one business
day before such work is to commence. The Town Clerk/Treasurer shall
also be notified at least four hours prior to backfilling and/or restoring
the surface.
The Police Department must be notified before
any street is entirely blocked, and when it is opened.
It is hereby understood that where a water service
is installed, repaired or relayed in a separate trench where the work
being done involves a water service only, the required fee shall be
paid by the Town of Fulton Water Utility. This does not apply to the
installation or repair of laterals not undertaken by the Water Utility.
In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any Town road, public way or
ground and his agents and employees may take immediate proper emergency
measures to remedy dangerous conditions for the protection of property,
life, healthy or safety without obtaining an excavation permit, provided
that such person, firm or corporation shall apply for an excavation
permit not later than the next business day and shall notify Town
officials immediately.
The Town may elect to make the pavement repair
for any road opening, in which the cost of making such repair and
of maintaining it for one year shall be charged to the person making
the road opening. In the event such charges are not paid within 90
days of actual notice of the same having been furnished to the applicant
and owner of the premises for which said permit was issued, it shall
become a lien against that premises and thereafter be assessed and
collected as a special tax.
[Amended 11-13-2007]
Any person who violates any provision of this article shall be subject to a forfeiture as provided in Chapter
1, §
1-4 and Chapter
20, Citations, of this Code. Each day a violation exists shall constitute a separate violation. In addition, the court costs and costs of prosecution shall be assessed for each violation.