(A) (1) It shall be unlawful to cut, construct, reconstruct or lay any pavement on any public street, alley, curb, sidewalk or other public way, or to repair the same, or alter the same, without having first secured a permit therefor.
(2) Applications for such permits shall be made to the Town Clerk-Treasurer. No such permits shall be issued except where the work will conform to the specifications of the Town Council.
(B) (1) All persons working in, on, under or over the public right-of-way are required to obtain a permit from the office of the Town Clerk-Treasurer. Tills shall include, but are not limited to, pavement, curbs, sidewalks, driveways, alleys, grass, stone or earth. The town’s Street Department and the town’s Sewer Department shall be exempt from the requirements of this subchapter.
(2) Application for such permits as required by this subchapter shall describe the location of the intended cut, construction, reconstruction, alteration, repair or opening on or across any such public way, the size thereof, the purpose therefor, the person, the company or corporation doing the actual work, and such application shall contain an agreement that the applicant shall comply with all ordinances and laws relating to the work to be accomplished. Complete plans and specifications may be requested by the Town Council before such permits are issued.
(C) (1) Duration of permit.
(a) Work on all permits approved under the terms of this subchapter shall commence within five days of activation of said permit, and repairs shall be completed within 30 days of commencement, unless a longer time period is requested by the applicant at the time of application. Under these circumstances no applicant shall be given more than 60 days total time to complete said repairs.
(b) If, after construction has commenced, it becomes evident that the proposed work cannot be completed within the prescribed permit period, the permit holder, upon his or her written request, which shall be filed at the Clerk-Treasurer’s office, shall receive one 30-day extension of time permitted to complete the required construction or repairs.
(c) If, during the extension period, it becomes evident that the proposed work cannot be completed within the 30-day extension period, the permit holder may request an additional 30-day extension. The extension request shall be made in writing prior to the expiration of the permit and must be filed at the Clerk-Treasurer’s office and shall be directed to the attention of the Town Council. The request shall state the reasons for the additional time needed, and said extension shall be granted at the discretion of the Town Board. The permit holder will be notified of the decision at the first Town Council meeting after the filing of the extension request. Time is of the essence of the filing of the extension request, and it must be filed prior to the expiration of the existing extension permit, and if the extension is denied, the violation shall relate back to the date the existing extension permit expired. In this instance, where the new extension is not granted, any work performed without the required extension being granted shall be deemed work performed without the required permit and shall be treated as such for the purpose of assessing fines and penalties, all relating back to the expiration date of the first 30-day extension of the original permit. To avoid additional fines and penalties set out hereunder, the applicant should obtain a new permit before proceeding with uncompleted portions of the project. If the permit is allowed to expire with work remaining to be performed, and a new permit is not obtained, a claim will be filed with the permit holder’s bonding company immediately. Forfeiture will be demanded after two weeks. In addition, a fine and penalty to cover all cost the town may incur as a result of the expiration will be assessed to the permit holder.
(2) Emergency repair order. In the event that it becomes necessary to make an emergency repair which would require a permit under this subchapter at a time when the Clerk-Treasurer’s office is not open, the applicant should pick up an emergency repair order form from the Town Marshal’s office and fill out the same leaving it at the Town Marshal’s office. Applicant shall then file for the necessary permit the next business day that the Clerk-Treasurer’s office is open and comply with all other terms of this subchapter at such time. In the event that the applicant does not file for the necessary permits on the next business day of the Clerk-Treasurer’s office, it will be considered as a violation, and the violator will be subject to the penalty provisions set out in this subchapter.
(Ord. 15, 1983, passed 11-15-1983) Penalty, see § 151.99