§ 94.50  PERMIT REQUIRED; APPLICATION; FEE.
   (A)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EXCAVATE.  An operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling. I.C. 8-1-26-6.
      EXCAVATION PERMIT.  A permit issued by the town to an excavator, at the discretion of the town, after submission of a complete application and posting of a requisite bond, pursuant to the terms of this subchapter.
      EXCAVATOR.  An individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state that is performing an excavation.
   (B)   Permit required. Except in the event of an emergency as provided for herein, any excavator seeking permission to excavate in, over, under, or otherwise, partially or entirely, within a town public way, shall first obtain an excavation permit from the town and post a bond pursuant to the terms herein.
   (C)   Application and fee. Requests for excavation permits shall be submitted to the town's Clerk-Treasurer on forms approved by the town, along with the applicable permit fee, as set by the Town Council, from time to time. As of the effective date of this subchapter, the permit fee is set at $100.
   (D)   Performance bond.
      (1)   All permit applicants, at the time of submitting their application and as a condition of issuance of an excavation permit, shall post a performance bond with the Clerk- Treasurer, which bond shall remain with the town until completion and acceptance of the work performed and the submission of a maintenance bond, as set out. The minimum performance bond shall be $2,500 and shall be in a form acceptable to the Town Attorney. The Street Superintendent, because of the size and scope of the excavation, may require an increased performance bond. A performance bond shall be returned only upon inspection and approval of the work by the Street Superintendent and the posting of a maintenance bond in the amount set out.
      (2)   The maintenance bond, as required under this subchapter, shall be in an amount equal to $2,500, plus 10% of the construction costs. The excavator, within 24 hours of completing the work and as a condition of its approval, shall submit to the Street Superintendent an itemization of actual costs. The maintenance bond shall in a form acceptable to the Town Attorney, and be held by the Clerk- Treasurer for a period of one year from the date of submission.
   (E)   Emergency exception. Utility providers which maintain lines under or along a town public way, in the event of an emergency or interruption of service, at times when town offices are closed, may excavate in or through a town public way to the extent necessary to preserve public safety and/or public or private property, including their own facilities, or to restore service, without first obtaining an excavation permit or posting a bond. As soon as is practicable after the emergency excavation, a representative of the utility shall notify the Street Superintendent, file a complete application for an excavation permit and post the requisite maintenance bond.
(Ord. 2018-7, passed 12-11-2018)  Penalty, see § 94.99