A. Form Of Permit; Applicant: Application for a permit shall be filed with the town engineer on a form or forms to be furnished by the town. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits; provided, however, contractors may obtain the permit in the contractor's name.
B. Inspection Required: Any excavation that exposes town owned utilities shall require inspection by appointed town personnel and a picture taken of exposed utility after being exposed and before being backfilled. During this inspection, the inspector shall measure the depth of the utility; make a note of the size and material used for the utility, and take adequate measurements and notes so as to be able to relocate the spot easily in the future. These notes shall be transposed to a set of plans in town hall and be listed on the ULTAP and other software in use. Not having this inspection will require the town's utility to be reexposed at the contractor's expense.
C. Ongoing Excavations: Ongoing excavations (more than 1 workday) may require an inspector assigned to the project and expense to be the responsibility of the excavation contractor or permit applicant. This is to be determined by the town council and the town engineer before the start of excavation and the permit shall state that an inspector may be needed and inspections of exposed utilities are required. The cost of the inspections and the inspector shall be set according to the job length or the time required. The cost will be set by the town council and the town engineer. The cost of the inspections and/or the inspector shall be the responsibility of the applicant for the excavation permit.
D. Backfill Requirements: Backfill requirements in nontraffic areas shall be determined by the town engineer.
E. Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the town, save and except the following:
1. Contractors licensed by the state as general contractors;
2. Providers;
3. Property owners installing, replacing or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the town engineer, upon a portion of the public way adjacent to their residence; or
4. Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings, and painting or cleaning of buildings or signboards or other structures.
F. Denial Based On Past Performance: The town engineer may deny the issuance of permits to contractors, utility companies or other permit applicants who have shown by past performance that in the opinion of the town engineer they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this chapter.
G. Plans May Be Required: When necessary, in the judgment of the town engineer, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the town engineer may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.
H. Approval, Permit Required Prior To Commencement: It shall be unlawful for any person to commence work upon any public way until the town engineer has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this chapter.
I. Appeal Of Disapproval Or Denial: The disapproval or denial of an application by the town engineer may be appealed by the applicant to the board of adjustment by filing of a written notice of appeal within ten (10) days of the action of the town engineer. The board of adjustment shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render its decision within two (2) weeks following notice of such appeal.
J. Limitation Of Town Engineer Authority: When approving or disapproving work within any public way or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by the chapter, the town engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way.
K. Routine Maintenance Work Exempt: It shall be lawful for a city, county, state, federal or other government employee to perform routine maintenance work, without first having obtained a permit therefor.
L. Hand Digging And Landscaping: A permit is not required from the town engineer for hand digging excavations for repair of sprinkler systems and landscaping within the nonpaved areas of the public way; however, conformance to all town specifications is required. (Ord. 10-02, 2-2-2010)