It shall be unlawful for any person to dig up
or make an excavation in or under any public street, sidewalk, park
or other public place except pursuant to a permit so to do issued
by the Town Manager.
Each application for an excavation permit shall
be in writing and shall state the location of the place to be excavated
and the area thereof; the type of paving, if any; the purpose to be
served; the manner in which the proposed work is to be done; the manner
in which the surface is to be restored; the contractor or other person
who is to do the work; the expected dates of beginning and termination
of the work; the barriers, lights and other safety precautions to
be provided for the protection of persons, property and animals during
the course of the work until its completion; and such other information
as may reasonably be required by the Town Manager.
A.Â
Each application for an excavation permit shall be
considered by the Town Manager without delay. Those which appear to
be for a legitimate and reasonable purpose; which provide for the
safety of persons, property and animals during the progress of the
work; which provide for restoration of the surface to as good or better
condition as it was before commencement of the work; which provide
that the work shall be completed in a reasonable period of time and
that the site of excavation shall be left in a tidy condition; and
which do not impose undue inconvenience or hardship on the Town or
any segment of the population thereof, shall be approved and permits
issued therefor. Applications which do not meet the foregoing requirements
shall be disapproved, for reasons to be endorsed thereon by the Town
Manager, and permits therefor shall be denied.
B.Â
In issuing any excavation permit, the Town Manager
may incorporate therein such terms and conditions as he may deem appropriate
for the protection of the Town, its inhabitants and property and for
the convenience of the public. Such conditions may include, among
other things not herein mentioned, provisions for the orderly flow
of vehicular and pedestrian traffic at the place of excavation and
the immediate vicinity thereof; and it shall be unlawful for any person
to violate or fail to comply with such terms and conditions or with
any of the provisions of his application for permit as approved by
the Town Manager.
C.Â
The Town Manager may, as a condition precedent to
the issuance of an excavation permit, require the applicant therefor
to give bond, payable to the Town, with corporate surety, conditioned
upon compliance with the provisions of this article and the terms
and conditions of the permit and the application therefor as approved
by the Town Manager and to save the Town harmless from all claims,
judgments and decrees which may result from defective or negligent
work done under the permit or failure to comply therewith, and the
amount of such bond shall be as determined by the Town Manager in
the exercise of sound discretion, provided that in lieu of such bond
a cash deposit may be made with the Town Treasurer.
A.Â
All work done pursuant to permits issued under this
article shall be subject to the general supervision of and inspection
by the Town Manager, who shall have authority to require compliance
with the terms and conditions of all permits and approved applications
for permits.
B.Â
Bonds given and cash deposits made pursuant to this
article shall be released and refunded, respectively, following inspection
by the Town Manager upon completion of the work and his certification
that the work has been done, the surface restored and the site left
in a tidy condition in accord with the provisions of the permit and
approved application therefor.
Nothing in this article shall be construed so
as to impose any liability upon the Town for any act of omission of
the holder of a permit or of any person acting pursuant to authority
of such permit; nor shall inspection and approval by the Town Manager
of any work done pursuant to a permit be construed as imposing any
liability upon the Town for any defective work, negligence or unauthorized
act or omission of a permit holder or any other person acting pursuant
to authority of such permit.
No permit shall be issued under this article
for an excavation in or under a street which is a part of the state
highway system except upon display to the Town Manager of a state
permit or other authorization so to do; and any provision of this
article which may be incompatible or in conflict with state law shall
not be applicable as to streets which are a part of the state highway
system.
