(A) All excavation, construction, and street curb cut work on public streets within the municipal limits shall require a permit issued by the town upon application of the property owner, licensed contractor or utility performing the work.
(B) All attachments to any of the utility’s poles or within any utility conduit system shall require a permit issued by the town upon application of the property owner, licensed contractor or utility performing the work, in accordance with applicable standards.
(C) A permit shall not be issued for excavation, construction or street curb cut work to be done on any street which has been resurfaced within two years of the date of the permit application, unless authorized by the Town Manager. Authorization for a permit within two years of resurfacing shall only be given if the applicant can demonstrate the absence of any reasonable alternative to performing such work on the resurfaced public street.
(D) In an emergency involving a risk to public health or safety, construction or excavation may be commenced without a permit provided the person or entity performing the work has made a reasonable effort to inform the municipality and any utility whose facilities might be involved, and shall make written application for a permit at the beginning of the next business day.
(E) Work commenced without a permit, or adherence to this section’s emergency provisions, may result in the imposition of fines for each day the work is undertaken, or a public street is left in disrepair as a result of work done without a permit.
(F) All property owners, licensed contractors or utility performing the work or under a permit or under a pole and conduit attachment licensing agreement shall be subject to and shall pay permit fees as authorized by the Town Council as set forth on the following schedule:
Permit | Fee |
Permit | Fee |
Excavation, construction and street curb cut work permit fee | $0 |
One-time pole license agreement fee | $250 |
One-time conduit license agreement fee | $250 |
Permit application fee | |
1 - 50 poles | $200 |
51 or more poles | $300 |
Permit application fee | |
1-100 feet of conduit | $200 |
101 or more feet of conduit | $300 |
(G) All pole attachment charges and utility conduit charges shall be determined by the town on a case-by-case basis in accordance with the particular circumstances presented and in accordance with any applicable federal and state law, and shall be set forth within the terms of the pole and conduit attachment licensing agreement between the permittee and the town.
(H) All permits excavation, construction, and street curb cut work on public streets within the municipal limits shall expire within 30 days of the commencement of the work authorized by the permit, unless a longer period of time, not exceeding 60 days, has been requested at the time of the permit issuance. The Town Manager may extend a permit beyond its original term for up to 60 days, if applicant can demonstrate the need for additional time to complete the work.
(I) All permits for attachments to any of the utility’s poles or within any utility conduit system shall be governed by the terms of the pole and conduit attachment licensing agreement between the permittee and the town.
(J) A bond will be provided to the town to assure the proper repair of the public street of proper attachment before commencement of the work or immediately thereafter in the case of an emergency. The amount of the bond will be determined by the Town Manager.
(K) “Street closed” and/or “men working” signs must properly mark the work site. Barricades and flagmen (if necessary) must separate exposed work from vehicle and pedestrian traffic. No trenches are to be left open overnight.
(L) It shall be the responsibility of the person or entity issued a permit to make sure that the public streets in or on which they perform work are properly repaired at the completion of the work and that particular places where the work was done are kept in good condition for a period of three years after the completion of the work. If the permit holder fails to perform proper repairs or maintenance for the three-year period, the town may perform any repair or maintenance work and bill the permit holder.
(M) The Town Council may adopt excavation specifications standards and rules for the making of cuts, for related matters involving excavation and construction in the public streets, and for backfilling of excavations and restoration of pavements or surfacing and may adopt design specifications for any attachments to the utility’s poles or utility conduit systems.
(N) If it is necessary for public utilities located on public streets or in the town’s rights-of-way, including but not limited to, poles or utility conduits systems to be relocated because of a town road project, street project, sidewalk project, trail project or other project, or any combination thereof, the owner of the public utility facilities will relocate the facilities at the owner’s expense at a time and place determined by the town. The town will provide to the owner written notice, at least 60 days prior to the date by which the relocation must be completed, of the new location of the facilities and the time for completion. If the owner fails to relocate the public utility facilities as directed by the town, the town will have the right to relocate the public utility facilities. If the town exercises its right to relocate the facilities, the owner will reimburse the town for the cost of the relocation within 30 days of the receipt by the owner of a notice of the cost of relocation. If the owner fails to reimburse the town for these costs, the town has the right to collect these costs by exercise any available legal remedy, including but not limited to a money judgment for the costs incurred by the town.
(Ord. 2019-07, passed 7-2-2019)