(A) It shall be unlawful for any utility, business, entity, or individual to excavate within, encroach upon, or in any other way alter a town-maintained road right-of-way, except in accordance with this subchapter.
(B) Any utility, business, entity, or individual desiring to excavate within, encroach upon, or in any other way, alter a town-maintained road right-of-way shall notify the town's Public Works Director of the proposed activity by submitting an application for an encroachment permit ("permit"). A permit ensures that all activities will be performed in accordance with applicable design and construction standards, that anyone working within the town-maintained road right-of-way has sufficient insurance necessary to safeguard the public interest, that facilities will be appropriately located within the right-of-way to prevent obstruction of and damage to existing facilities, and that any activity will be performed in accordance with applicable federal, state, and local law.
(C) A copy of a permit shall be maintained by the applicant and kept at the worksite at all times during the permitted activity, except for annual blanket permit holders, which are only required to notify the town's Department of Public Works of work recently performed. Failure to obtain a permit or failure to comply with the terms of a permit constitutes a violation and shall be punishable in accordance with the penalty section of this subchapter.
(D) If a bond is required, a surety bond, cash bond, or irrevocable letter of credit from an accredited lending institution must be posted before issuance of the permit. It will be held for a period of 18 months after all repairs or excavations have been completed. The cash/bond is refundable after 18 months upon a final inspection to ensure work is completed to the satisfaction of the town.
(Ord. 21-07, passed 8-2-21)