A.
Permit required.
(1)
No person, partnership, utility or corporation, or his or its agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public road, public alley, public way, public ground, public sidewalk or Town-owned easement or fill or alter any culvert or construct or install additions or extensions to its existing facilities within the Town of Trenton without a permit therefor from the Town Chairperson or Clerk.
(2)
The utility or contractor shall submit to the Town a written request for a utility construction/street excavation permit and a plan of the proposed alteration, extension or addition, showing its location and details of construction, including specified depth, method of excavation, open cut or augering, provisions of restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit the utility or contractor agrees to be bound by the regulations of this section and § 345-2.
B.
Fee. The fee for an excavation or opening permit shall be as shown on the schedule of deposits, bonds and fees. The fee shall be paid to the Town Clerk, who shall issue a receipt therefor.
C.
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Town satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $100,000 per one person, $300,000 for one accident and property damage coverage of not less than $50,000. The Town shall be listed as a third-party insured on the policy.
D.
Bond.
(1)
Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement in that he/she will indemnify and save harmless the Town of Trenton and its officers from all liability for accidents and damage caused by any of the work covered by his/her permit, and that he/she will fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any opening he/she may make as near as can be to the state and condition in which he/she found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Board for a period of two years, and that he/she will pay all fines imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Town Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Town. Such statement shall also guarantee that if the Town shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.
(2)
The person who does such restoration shall be responsible therefor for two years from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Town in the amount as shown on the schedule of deposits, bonds and fees.
(3)
Whenever the Town Board shall find that any such work has become defective within two years of the date of completion, it shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Town Board to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Town for the cost of doing the work as set forth in the notice.