(A) It shall be unlawful for any person or persons to dig or in any manner excavate any ditch, drain, trench, channel, or hole in, across or along any of the public streets, highways or alleys of the town for purpose of laying any water pipe, tile drain, sewer or for any other purpose, or cause the same to be done without first having obtained a written permit to do so, duly signed by the Town Superintendent or the Town Superintendent's designee.
(B) It shall be unlawful for any person or persons to dig or in any manner construct any ditch, drain, trench, channel or hole of any kind or description in any of the public streets, alleys, or highways of the town, or cause the same to be done without restoring the street, alley, or highway to its former level and condition upon completion of the work, or upon notice from the town to do so, by filling up the ditch, drain, trench, channel, hole or excavation with dirt and gravel, and by thoroughly tamping, pounding and packing the dirt and gravel into the ditch, drain, trench, channel, hole or excavation sufficiently hard and solid so that the same will not thereafter settle and sag, or cause a depression in the public street, alley, or highway where situated, and in such a manner that there will be no elevation where the same is situated.
(C) It shall be unlawful for any person or persons, while constructing any ditch, drain, trench, channel, hole or excavation of any kind or nature within the town to remove, disconnect or in any manner obstruct any tile, drain or sewer already constructed or any part thereof or tile therein, without replacing the tile or part thereof so removed from the tile drain or sewer, and removing the obstruction so that the tile drain or sewer shall be restored to its former condition and state of usefulness.
(D) Any person or persons, while constructing any ditch, drain, trench, channel, hole or excavation of any kind or nature within or along any of the public streets, alleys or highways of the town, shall at all times during the progress of the work keep the same guarded and barricaded so as to notify all persons of any existing danger, and to prevent any damage or injury from occurring thereby.
(E) Any person desiring to dig any ditch, drain, trench, channel, hole or other excavation in or along any of the public streets, alleys or highways of the town shall first procure a written permit to do so from the Town Superintendent. The request for a permit shall include a description of the location of the ditch, drain, trench, channel, hole or other excavation, and the purpose for which said construction is for, the time in which the work will be completed, and successfully agreeing in the application that he or she will comply with all provisions and conditions of this section, that he or she will so complete the work so as to permanently restore the public streets, alleys, highways, and right-of- ways where the work is located to its former level and condition, and that he or she will hold the town harmless from any damage that may result to any person or persons by the construction. The request for permit shall also be accompanied by proof of adequate accident and liability insurance satisfactory to the Town Superintendent.
(F) Any person or persons, desiring to dig or in any manner excavate any ditch, drain, trench, channel, or hole of any kind, across or along any of the public streets, highways or alleys of the town shall be required to pay a nonrefundable permit fee of $50.
(G) All applicants must present estimates as to the cost of the work being undertaken, which shall include an estimate for repair to any public street, highway, or alley within the town. The town shall require the completion of a specification sheet, which shall specify and set forth the required backfill, cutting requirements, barricading, and safety procedures for the project. A bond in the amount equal to the project or letter of credit from a qualified financial institution shall be executed in favor of the town, before any permit shall be issued.
(H) Any work performed in a roadway or right-of-way, within the town shall require a permit. All public utilities serving the town shall be exempt the from paying the permit fee, bond requirement and or letter of credit, but shall be subject to all other provisions of the permit process.
(I) The Town Superintendent shall establish a timeline to complete the project. The bond and or letter of credit shall not be released until the repairs have been reviewed by the Town Superintendent and accepted by the Town Council. Failure to complete the project as established by the permit may result in the execution of the bond and or letter-of-credit.
(Ord. 11-B, passed 8-9-41; Am. Ord. 2006-03, passed 7-10-06) Penalty, see § 10.99
Cross-reference:
Sewers, see Chapter 51