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(A) Except in extreme emergency, encroachment permits for opening excavation must be taken out in advance of excavation work. An extreme emergency is considered to exist only when life or property is endangered or when a utility service is interrupted during weekends, holidays or between 5:00 p.m. and 8:30 a.m. of normal working days. If an emergency cut is made, application for a permit shall be made the next working day.
(B) An encroachment permit shall be secured by both the utility and by the contractor if work is to be performed by an independent contractor.
(C) A plan showing approximate location of excavation will be acceptable provided that an “as built” plan shall be submitted after the excavation is made.
(D) Encroachment permits for street opening shall be valid for the time specified on the permit or a maximum of six months. The estimated date of commencement and completion of work shall be indicated on all permits. Conflicts in the schedules of work under two or more permits shall be resolved by the permittees involved. If unresolved, work under these permits will be executed in order of permit application received by the Public Works Department.
(E) No permit to excavate shall be valid unless the applicant has been provided an inquiry identification number by a regional notification center (USA).
(F) The appropriate permit fee, as determined by the Director of Public Works or his or her designee, shall be sufficient to cover the actual cost impacts.
(G) All work connected with any such permit, including restoration of town property to its original condition, shall conform to the town’s encroachment standards and conditions referenced in the encroachment permit.
(Ord. 683, passed 5-1-2001)
(A) The Director of Public Works may grant a variance from the provisions of this chapter when, because of special circumstances, he or she determines that the application of any such provisions are unnecessary and inappropriate or impose an undue hardship on the applicant. A variance shall be granted only upon written application to the Public Works Department, setting forth the circumstances justifying the same.
(B) The Director of Public Works shall not grant a variance authorizing the encroachment upon a town street of any building other than a carport or garage.
(Ord. 683, passed 5-1-2001)
(B) The person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by the person, firm or corporation.
(C) For each offense, a fine not exceeding $100 will be imposed for the first violation, by a fee not exceeding $200 for the second violation and by a fine not exceeding $500 for each additional violation within one year.
(Ord. 683, passed 5-1-2001)
Any decision made by the Director of Public Works under this chapter may be appealed to the Town Council. Appeals shall be addressed to the Town Council, in writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the Clerk not later than 5:00 p.m. on the tenth calendar day following the date of the action from which an appeal is taken. Appeals shall be accompanied by the applicable filing fee as specified by resolution adopted by the Town Council.
(Ord. 683, passed 5-1-2001)