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If Public Works finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, where the equipment used may cause such damage, the permittee shall be required to pay the cost of resurfacing. The cost of resurfacing shall be charged to the permittee on a time and materials basis. Public Works may require the permittee to deposit with the town an estimated sum to pay for the cost of resurfacing as required herein prior to the issuance of a permit. If a deposit is filed with the town for the cost of resurfacing, and the cost thereof exceeded the amount of the deposit, the additional cost shall be paid by the permittee within ten days of being billed therefor by the town or, in any event, prior to the issuance of any additional permits. If the cost of resurfacing was less than the amount of the deposit, the town shall return to the permittee the remainder of the deposit within ten days of the work being done. If no deposit is made by the permittee, the cost of resurfacing shall be paid by the permittee within ten days of being billed therefor by the town or, in any event, prior to the issuance of any other permits.
(Ord. 7(1971) § 5(A)(5); Ord. 43(1978) § 2)
If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration, any expense incurred by the town in correcting the settlement shall be paid by the permittee, unless proof is submitted by the permittee, satisfactory to Public Works, that the settlement was not due to defective backfilling. Failure to backfill properly may be grounds for revocation of the permittee’s contractor’s license. It shall be the duty of the permittee to submit to the town sufficient proof as to the date of completion if there is a disagreement as to the date of completion for the purposes of this section.
(Ord. 7(1971) § 5(A)(6); Ord. 43(1978) § 2; Ord. 3(2003) § 2)
(A) Permittee responsible. It shall be the responsibility of the permittee to restore and repair street cuts and make backfills on any street cut or excavation.
(B) Permittee pays costs. Upon the request of the permittee and the agreement of the town, the town may repair the street cuts and make backfills for the permittee, and permittee shall pay to the town the cost of restoration. The permittee shall relinquish the right to restore street cuts and make backfills after the expiration of the permit (30 days after date of issue) or until November 15, if no extension for time has been granted to the permittee by Public Works.
(Ord. 7(1971) § 5(A)(7); Ord. 43(1978) § 2; Ord. 20(1981) § 1; Ord. 7(2006) § 25)
(A) Fees determined. Upon receipt of a properly completed application, Public Works shall determine the amount of the fee which shall be paid by the holder of any permit under this chapter, which fee shall cover the cost of the applicant’s use of the public way including, but not limited to, application administration, pavement degradation, use of the public way, inspection of work/use, coordination of work/use, and the mitigation of public impacts. These fees shall be as currently adopted via resolution by the Town Council and shall be set forth on the schedule of fees maintained in the Public Works Department.
(1) Any rework or additional work agreed upon between the town and permittee and done by the town shall be a time and material charge.
(2) Salaries and equipment rates will be charged by the town to the permittee in accordance with the prevailing schedule on file in the Public Works Department.
(B) Form of payment. The fee shall be either in the form of a certified treasurer’s or cashier’s check, cash, or other, if approved by the Finance Director.
(C) Deficient fee. If any fee or deposit is less than sufficient to pay all costs, the permittee shall, upon demand, no later than ten days after being billed by the town, or prior to the issuance of any further permits, pay to the town an amount equal to the deficiency. If the permittee fails or refuses to pay the deficiency, the town may institute an action to recover the amount in any court of competent jurisdiction, refuse to issue any subsequent permits, or revoke the permittee’s contractor’s license. Until the deficiency is paid in full, no additional permits shall be issued to the permittee. The remedies herein are in the alternative and are not exclusive.
(Ord. 7(1971) § 6(A–C); Ord. 43(1978) § 2; Ord. 20(1981) § 1; 1997 Code; Ord. 7(2006) § 26)
Whenever any person or company anticipates more than five street openings, excavations, or uses per year, the utility or authority may post a single deposit for the entire year or part thereof to cover the cost of any and all such work. The amount of the deposit shall be determined by Public Works.
(Ord. 7(1971) § 6(D); Ord. 43(1978) § 2; Ord. 7(2006) § 27)
No person shall be issued a permit under this chapter without first obtaining a contractor’s license from the town, at which time such contractor shall submit proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work. The insurance shall cover collapse, explosive hazards and underground coverage and shall include protection against liability arising from completed operations. The insurance for personal injury shall be in an amount not less than $1,000,000 for each person and not less than $2,000,000 for each accident and, for property damage, shall be in an amount not less than $1,000,000, and not less than $2,000,000 for all accidents. A certified copy or certificate of insurance policies, together with the certificate of the insurer that each policy is in full force and effect and that the insurance will not be altered, amended, terminated or ended without a ten-day written notice having first been given to the town, shall be filed prior to the issuance of a contractor’s license.
(Ord. 7(1971) § 7; 1997 Code; Ord. 7(2006) § 28)
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication, water, sewer or steam to or from the town, or to or from its inhabitants, or for any other purpose, shall file with Public Works, within 120 days after the adoption of this chapter, a map or set of maps, each drawn to a scale of not less than one inch to 400 feet, showing the location, size and description of all such installations. The owner agrees upon reasonable notice from the town or any permittee to accurately locate such owner’s installations upon the ground as shown on the maps.
(Ord. 7(1971) § 8(A); Ord. 43(1978) § 2; Ord. 7(2006) § 29)
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