(A) Required. No person except an employee or official of the town or a person exempted by contract with the town shall undertake or permit to be undertaken any construction, excavation or work in the public rights-of-way without first obtaining a permit from the town as set forth in this chapter, except as provided in division (B) below and § 153.015 of this chapter. Each permit obtained, along with associated documents, shall be maintained on the job site and available for inspection upon request by any officer or employee of the town.
(B) Exemption. Work in state’s highway right-of-way shall be exempt from this requirement.
(C) Construction, excavation or work area. No permittee shall perform construction, excavation or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation or work is commenced under an approved permit, it becomes necessary to perform construction, excavation or work in a larger or different area than originally requested under the application or for a longer period of time, the permittee shall notify the Director immediately and within 24 hours shall file a supplementary application for the additional construction, excavation or work.
(D) Permit transferability or assignability. The applicant may subcontract the work to be performed under a permit; provided that, the permittee shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this code and agrees to be bound by all requirements of the permit and this code.
(E) Developer ownership of public infrastructure. In town, the physical construction of public infrastructure in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until acceptance by the town. Any developer of land where work is undertaken on infrastructure that is within a public right-of-way, but prior to acceptance by the town, shall obtain a permit from the town. The town will not accept public infrastructure improvements, where work performed is not in accordance with applicable town specifications and applicable provisions of this chapter.
(F) Ceasing activity. Any person or utility found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted. A surcharge to be set by Board of Trustees resolution shall be required in addition to all applicable permit fees.
(Prior Code, § 165.4) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)