§ 96.06  OPENING OR OBSTRUCTION OF PUBLIC WAY.
   (A)   No public utility regulated pursuant to Mass. Gen. Laws Ch. 164 shall open the surface, dig up or otherwise obstruct any portion of any street, sidewalk or way which the town is obligated to keep in repair without first obtaining a written permit for such activity from the Superintendent of Public Works, who shall require a nonrefundable permit fee of $25 to cover the town's administrative cost of the issuance of such permit.
   (B)   Except as provided in division (C) of this section, no person shall open the surface, dig up or otherwise obstruct any portion of any street, sidewalk or way which the town is obligated to keep in repair without first obtaining a written permit for such activity from the Superintendent of Public Works, who shall require a nonrefundable permit fee of not less than $100.
   (C)   Notwithstanding division (B) of this section, any permit issued for the construction, reconstruction or repair of a driveway shall be issued only to the contractor performing the work, and shall require a nonrefundable permit fee of $25.
   (D)   A person obtaining a permit under divisions (B) or (C) of this section, prior to the issuance of the permit, shall post a bond of not less than $10,000  as prescribed by the Superintendent of Public Works, to be held by the Town Treasurer for a duration of not less than two years past the estimated completion date for any project for which such permit is granted.
   (E)   The Superintendent of Public Works shall establish, enforce and perpetually maintain engineering specifications, permit forms and procedures, fees, performance standards, inspection and remedial regulations and penalties which shall detail the exact requirements for the application, performance and acceptance of public way openings and repairs.
   (F)   Any person failing to comply with these conditions, in addition to any penalty prescribed by the Superintendent of Public Works as provided above, shall reimburse the town for all expenses and damages which the town may be compelled to pay by reason of such violation of this section.  The Superintendent of Public Works shall not, under penalty of personal liability, waive any permit, fee or bond for any person notwithstanding work performed under the Superintendent's direction by employees of the Department of Public Works.
   (G)   For purposes of this section, the word PERSON shall include any natural person, business, partnership, corporation, association, trust, committee, club or other organization, entity or group of individuals, regardless of the manner in which they are organized or named, but shall not include a public utility subject to Mass. Gen. Laws Ch. 164.
(1982 Code, Ch. VII, § 7)  (Am. Ord. 135, passed 6-22-1993; Am. Ord. 25, passed 5-12-1998)  Penalty, see § 96.99