(A) Generally. No person shall dig or make an excavation of any kind in any public street, alley, or sidewalk of the town without first obtaining a written permit from the Superintendent of Utilities to do so.
(B) Application for permit. The applicant for the permit shall execute, in triplicate, a written application to be furnished by the office of the Town Clerk-Treasurer. The application shall contain the following information:
(1) The date when the proposed excavation is to be made and the estimated time for completion of the work necessitating the excavation;
(2) The location of the area where the excavation is to be made and the purpose; and
(3) The approximate dimensions of the excavation.
(C) Agreement of applicant.
(1) By his or her application, the applicant agrees to the following specifications to fill, close, seal, and resurface the excavation:
(a) To backfill opening of street, alley, or sidewalk, with pea gravel or bankrun gravel and to tamp in top of that part of the trench which is in the traveled street or alley and to maintain the street or alley surface which has been disturbed in a smooth and uniform condition for a period of 52 weeks after traffic is again permitted to pass over the filled trench, unless otherwise specifically provided;
(b) To resurface all openings at least 20 days after refill;
(c) To stop the work at any time on request of the Superintendent;
(d) To resurface with the same kind of material removed by cutting;
(e) To haul from the project all the unused material used in the refill; and
(f) To notify the Superintendent of the date of cutting and refill for proper inspection. All work must be approved by the Superintendent when completed.
(2) The applicant further agrees that in the event the excavation is not properly filled, closed, and sealed or resurfaced pursuant to the established standards and regulations and after due notice from the Superintendent of the defects or omissions, the applicant shall immediately proceed to correct the defects and omissions in the closing of the excavation.
(3) In the event that the defects or omissions are not corrected within a reasonable period of time after mailing of the notice, the Superintendent shall proceed to properly close and resurface the excavation, and shall bill the applicant for the cost of labor and material required to properly close and resurface the excavation. The applicant shall agree to reimburse the town for costs so incurred.
(4) The applicant agrees to erect and maintain, as safeguards and warnings to the public, proper and adequate guards and sufficient and adequate warning lights about the work and excavation until the project is complete and the surface is properly restored.
(5) The applicant agrees to indemnify and save harmless the town from and against any and all liability, damages, expenses, and judgments from injuries to any person or property as a result of the excavation.
(6) The applicant agrees to make the excavation within a period of 30 days after issuance of the permit.
(D) Conditions of permit; fee.
(1) Before the granting of a permit to any person, the Superintendent shall do the following:
(a) Require the applicant to file with the Clerk-Treasurer an insurance policy, or a certificate showing insurance to be in effect, issued by a responsible insurance carrier to protect the applicant and the town from personal and property damage arising from or caused or affected to any extent by an excavation made pursuant to the permit;
(b) Check the records of the town to ascertain whether the applicant has ever failed to reimburse the town for any work or materials furnished by the town in the filling and resurfacing of any excavation made by the applicant on a previous permit. In the event that the town records disclose any unpaid account owed by the applicant, the permit shall not be granted until payment is made in full; and
(c) Require the payment of a fee of $40 for a permit.
(2) Thereafter, the Superintendent shall issue a permit to the applicant and the permit shall contain the name of the applicant, the date of issuance of the permit, the place where the excavation is to be made, and the approximate dimensions thereof. The permit shall be authority to break the street, alley, or sidewalk specified therein.
(E) Emergencies. In the event of an emergency requiring the immediate excavation of a street, alley, or sidewalk, any person may proceed to open or make the excavation necessary to alleviate the condition causing the emergency without first applying for and being granted a permit. However, within 48 hours after making the excavation, the person shall make application for a permit as set forth above.
(F) Issuance of a permit. On the issuance of a permit the Superintendent shall mark each copy of the application Approved and Permit Issued; to which he or she shall also note the date of issuance and his or her signature. The original shall be retained by the Superintendent, a copy shall be delivered to the Town Clerk-Treasurer, and a copy shall be issued to the applicant.
(G) Inspection. The Superintendent shall inspect each project for which a permit has been issued to determine whether proper safeguards and lights may have been installed, to see that the excavation is properly closed and resurfaced, and to give notice and properly close and resurface the opening or excavation in the event that the restoration is not completed within a reasonable time or is inadequately or improperly completed by the permittee. On final inspection, the Superintendent shall note on his or her copy of the application the completion of the project. He or she shall further note any moneys expended by the city on behalf of the permittee in completing the project and shall then return his or her copy to the Town Clerk-Treasurer.
(H) Waiver. The Superintendent may waive the requirements of this subchapter and issue a permit to an applicant when the Building Commissioner has authorized new construction in regard to which provision has been made to protect public safety and hold the town harmless from any and all claims, liability, and damage.