(A) (1) It shall be unlawful for any person, persons, firm, corporation, or any other entity, other than town employees, to excavate, disturb, or install anything underground, including, but not limited to, a cable, pipe, tunnel, or other device, in, on, or under any town street, alley, right-of-way, easement or other town property without first obtaining a permit as hereinafter provided.
(2) It shall be unlawful for any person, persons, firm, corporation, or any other entity to obstruct or impair the use of any town street, alley, right-of-way, easement or other town property without first obtaining a permit as hereinafter provided.
(3) The requirement for a permit before beginning work shall not apply to an emergency situation in which case the permit application shall be filed as soon as reasonably possible. A permit must be applied for and received even if the work has been completed before the permit application has been filed.
(4) The requirement in this section for obtaining a permit shall apply to town contractors but those contractors shall not be required to pay any fee for the permit.
(B) (1) Any person, persons, firm or corporation desiring to make any opening in any of the streets, alleys or public grounds of the town, or to excavate or otherwise create or maintain an obstruction therein, shall file an application in triplicate, provided by the town, with the Clerk-Treasurer.
(2) The application shall include plans and specifications and shall be filed 15 days in advance of the proposed date of excavation or obstruction so that the Street Superintendent may review the plans and inspect the proposed site.
(3) The Street Superintendent shall determine the cost that would be required to fill and/or re-pave the excavation if it should become necessary or the re-paving and repair costs that might reasonably result from the proposed obstruction, including cost of damage to town roads and other damages which result from heavy truck traffic related to the excavation or obstruction.
(C) No permit shall be issued until the applicant desiring to make an opening and/or excavate or create or maintain an obstruction has filed a cash bond, approved by the Town Council or its authorized agent, equal to 125% of the Street Superintendent's cost of required filling, re-paving and repairs or this cash bond requirement is specifically waived, in writing, by the Town Council or its authorized agent for 1 or more of the following reasons:
(1) The Street Superintendent's estimate of costs is less than $1,000;
(2) The costs associated with the necessary filling and/or re-paving is included in a bond that may be required by other sections of the town, such as those involving the licensing of contractors and the like; or
(3) The size of the project and/or applicant's financial stability and established professional reputation make other forms of security acceptable.
(D) The bond, if required, shall be used to complete the work should the permit holder fail to do so and to pay for any damages occasioned by his or her failure to perform.
(E) In addition to the bond requirements, proof of liability insurance to save the Town of Beverly Shores harmless for any injury or damage to persons or property resulting directly or indirectly from the work, must be provided with the permit application.
(F) The bond and liability insurance requirements shall remain in full force and effect for a period of 1 year after the work is completed, unless expressly waived in writing by the Town Council.
(G) Upon the filing of the application, as herein provided, the Town Clerk-Treasurer shall notify the Town Council of the fact, and if the plans and specifications satisfy the conditions set forth in the application and the bond and liability insurance is sufficient as to form and surety, the Town Council shall approve the application and the Clerk-Treasurer shall issue to the applicant a permit to do the work set forth in the application.
(H) At the time of filing the application as herein provided, the applicant shall pay to the Clerk-Treasurer an application fee as set forth in the form provided by the town, as may from time to time be amended and supplemented by resolutions of the Town Council, which sum shall become a part of the street fund of the town.
(I) All surfaces, piping and/or structures removed, disturbed or otherwise altered by, or in connection with, the excavation or obstruction, including damage to town roads resulting from heavy truck traffic related to the excavation or obstruction shall, at the permit holder's expense, be returned to its original condition or to a condition meeting the existing requirements of the Town of Beverly Shores, whichever is more stringent.
(J) The Town Council hereby adopts as its excavation permit application form the Application for a Permit to Excavate in a Street, Alley or Public Grounds, copy of which is attached to Ord. 191, and available in the office of the Town Clerk-Treasurer.
(K) The Town Council hereby adopts as its obstruction permit application form the Application for a Permit for Obstruction of a Street, Alley or Public Grounds, copy of which is attached to Ord. 191, and available in the office of the Town Clerk-Treasurer.
(L) No opening in any street, alley or public grounds of the town shall remain open for a period of more than 10 consecutive days unless expressly authorized in writing by the Town Council upon a showing of unnecessary hardship and that relief is consistent with the public interest and the spirit of this section.
(Ord. 191, passed 8-9-1982 (84-35); Am. Ord. 11-25, passed 11-27-2011) Penalty, see § 153.99