§ 153.013 TIME OF COMPLETION.

   All work covered by the permit shall be completed by the date stated on the application. Permits shall be void if work has not commenced three months after issuance, unless the Director has granted an extension. Performance bonds, letters of credit or letters of responsibility deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit, with administrative and any other town costs deducted.

(Prior Code, § 165.12) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.014 TRAFFIC CONTROL.

   (A)   When it is necessary to obstruct traffic, a traffic control plan shall be submitted to the town prior to starting construction. No permit will be issued until the town approves the plan. No permittee shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures or any other vital equipment unless the permittee provides the town with written verification of written notice delivered to the owner or occupant of the facility, equipment or property at least 48 hours in advance. If a street closing is desired, the applicant will request the assistance and obtain the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all work in the public way with police, fire, ambulance, other government entities and transit organizations.

   (B)   (1)   When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site.

      (2)   The Director may require the use of flag persons.

   (C)   Traffic-control devices, as defined in Part VI of the Manual on Uniform Traffic-Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the permittee. If used at night, they must be reflectorized and may be required to be illuminated or have barricade warning lights.

   (D)   Oil flares or kerosene lanterns are not allowed as means of illumination. Nighttime work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy or endanger the comfort, health or peace of others.

   (E)   (1)   Part VI of the Manual on Uniform Traffic-Control Devices or any successor publication thereto shall be used as a guide for all maintenance and construction signing.

      (2)   The permittee shall illustrate on the permit the warning and control devices proposed for use.

      (3)   At the direction of the Director, such warning and control devices shall be modified.

   (F)   The contractor shall be responsible for maintaining all work area signing and barricading during construction operations as well as any signs and barricades that are needed to protect roadway users and pedestrians during non-work hours. During non-work hours, all construction work area signs that are not appropriate shall be removed, covered or turned around so that they do not face traffic. Any deficiencies noted by the town shall be corrected immediately by the contractor. If contractor is not available or cannot be found, the town may make such corrections and the contractor shall pay the actual costs plus a penalty of 50% of the amount thereof.

(Prior Code, § 165.13) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.015 REVOCATION OF PERMITS AND STOP WORK ORDERS.

   (A)   Any permit may be revoked or suspended by the Director, after written notice to the permittee for:

      (1)   Violation of any material condition of the permit or of any material provision of this code;

      (2)   Violation of any material provision of any other code or ordinance of the town or state law relating to the work; and

      (3)   Existence of any condition or performance of any act that the town determines constitutes or causes a condition endangering life or damage to property.

   (B)   A stop work order may be issued by the Director to any person or persons doing or causing any work to be done in the public way for:

      (1)   Working without a permit, except for routine maintenance or emergency repairs to existing facilities as provided for in this code;

      (2)   Doing work in violation of any provisions of this code, or any other code or ordinance of the town, or state law relating to the work; and

      (3)   Performing any act, which town determines constitutes or causes a condition that either endangers life or property.

   (C)   A suspension or revocation by the Director, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way, or to the permittee’s last known address.

   (D)   Any suspension or revocation or stop work order may be appealed by the permittee to the Town Manager by filing a written notice of appeal within five working days of the action.

(Prior Code, § 165.22) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.016 APPEALS PROCEDURES.

   Any decision rendered by the Director or Town Manager pursuant to this code may be appealed within 30 days by the permittee to the Board of Trustees in accordance with the rules and procedures established by that body.

(Prior Code, § 165.23) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

GENERAL USE AND CONSTRUCTION