§ 13-10-5-3 EXCAVATIONS.
   (A)   Safety conditions. The Town Engineer may attach such conditions or stipulations as may be reasonably necessary to facilitate the work, prevent damage to public or private property, or to prevent the work from being conducted in a manner hazardous to life or property or in a manner likely to create a dangerous or unsafe condition.
   (B)   Trench cuts. Open trench cuts shall not exceed 12 feet beyond backfill and cleanup operations within an established residential area and/or paved street, except by special permission of the Town Engineer.
   (C)   Existing utilities. All existing utility lines, pipes and structures shall be located sufficiently ahead of the work to avoid damage to these facilities and permit their relocation, if necessary.
   (D)   Monuments. Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the town, shall not be removed or disturbed unless permission to do so is first obtained in writing from the Town Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument. The town reserves the right to reestablish lost monuments and such costs incurred shall be paid by the permittee or deducted from his or her bond.
   (E)   Drainage. When work performed by the permittee interferes with the existing drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Town Engineer, including the improvement, enlargement or replacement of downstream facilities impacted by the proposed project.
   (F)   Street cleaning. When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the debris to be removed from the street by the end of the workday. In the event the earth, gravel or other excavated material so deposited is not removed, the engineer shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his or her bond.
   (G)   Traffic warning.
      (1)   It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public. The contractor shall be responsible for the furnishing of barriers and warning devices through his or her own means.
      (2)   Barriers, warning signs, lights and the like shall conform to the requirements of the Town Engineer. Warning lights, electrical markers or flashers shall be used to indicate a hazard to traffic from one hour before sunset of each day to sunrise of the next day.
      (3)   The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public.
      (4)   When traffic conditions permit, the Town Engineer may, by written approval, permit the closing of streets to all traffic for a period of time prescribed by the Town Engineer. The written approval of the Town Engineer may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given.
      (5)   Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Town Engineer.
   (H)   Access to existing structures. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment as designated by the Town Engineer.
(Ord. 2(1983) § 1; 1997 Code; Ord. 2(2007) § 8)