(A) Permit required. No person, except an employee or contractor of the town authorized by the Town Manager to perform an official duty of the town, shall undertake, or permit to be undertaken, any construction, excavation or work in town rights-of-way or to the town’s water or wastewater systems without first obtaining a right-of-way permit from the town.
(B) Application; fee. Application for a right-of-way permit shall be made on a form provided by the town and shall be accompanied by a fee established by resolution of the Board of Trustees from time to time.
(C) License, insurance, and financial guarantee required. All permittees under this section must have a contractor’s license from the town in accordance with § 111.25 of this code and must furnish, with the application for the permit, proof of insurance, current for all times for which the permit is sought, providing for the following minimum coverage: workers’ compensation insurance in statutory amounts and public liability and public property damage insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. Once the license is issued, the permittee must, at all times, keep current the insurance required by this section, and failure to do so may be cause for suspension or revocation of the permit. The town may require a deposit, bond, letter of credit or other security to guarantee the work in the right-of-way is completed in compliance with this subchapter and all terms and conditions of the permit.
(D) Denial of application. The town may deny an application for a right-of-way permit for the following reasons:
(1) The application is incomplete and the deficiencies are not remedied after reasonable notice to the applicant;
(2) The work for which the permit is requested is unnecessary or in violation of town ordinances, rules or regulations;
(3) The applicant is in default of any other outstanding permit of similar character without good cause;
(4) The applicant has failed to obtain the required license or insurance;
(5) The applicant has failed to pay the required permit fee;
(6) The applicant is not qualified by experience, training or education to engage in the activity authorized by the permit;
(7) The applicant has had a contractor license or permit revoked or suspended; or
(8) The town has determined that the location of the facility will interfere with existing or proposed improvements in the public right-of-way to be affected.
(E) Permit to be displayed. A copy of each permit obtained shall be maintained on the job site and available for inspection upon request by any officer or employee of the town.
(F) Work area; time period.
(1) No permittee shall perform construction, excavation or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application.
(2) If, after construction, excavation or work is commenced under an approved permit, it becomes necessary to perform construction, excavation or work in a larger or different area than originally requested under the application or for a longer period of time, the permittee shall notify the town immediately, and within 24 hours shall file a supplementary application for the additional construction, excavation or work.
(G) Permittee responsibilities.
(1) The permittee shall be responsible for all work performed under the right-of-way permit, regardless of whether or not the work is performed by permittee of his, her, their or its subcontractors.
(2) All work shall be in accordance with applicable law and in accordance with the following.
(a) All work performed under the permit shall be in accordance with rules and regulations adopted by the Town Manager from time to time, which such rules and regulations shall provide for the proper care and protection of the public rights-of-way and persons and property thereupon.
(b) The permittee shall be responsible for placing and maintaining sufficient barricades and warning devices to warn the general public of such work.
(c) The permittee shall be responsible for notification of all public utility companies and for determining the location of existing underground utilities prior to proceeding with construction. All work performed in the area of existing utilities shall be in accordance with the requirements of the agencies responsible for such existing utilities. The permittee, at his, her, their or its own expense, shall protect all existing utilities and be responsible for their repair if damaged during construction.
(d) 1. All construction debris or mud tracked onto existing rights-of-way shall be removed immediately.
2. All disturbed areas, including landscaping, shall be restored to a condition substantially similar to their condition existing prior to the initiation of construction.
(e) 1. The town shall have the right to access the construction site at any time to inspect materials and workmanship and to inspect the installation to determine compliance with the permit, the requirements of this subchapter, specifications adopted by the town and all other town ordinances or resolutions.
2. The town shall have the right to stop work for violations of this subchapter.
(f) The permittee shall be responsible for any damage or injury to persons, property or animals related to its work under the permit.
(H) Revocation of permit. The town may revoke a right-of-way permit for the following reasons:
(1) The permittee is found to have violated this subchapter, any applicable town ordinance or resolution or any terms or conditions of the permit;
(2) The permittee obtained the permit by fraud or misrepresentation;
(3) Revocation is necessary to maintain public health, safety and welfare; or
(4) The permittee fails to maintain the required insurance during the time of the permit.
(Ord. 16-2017, passed 10-25-2017) Penalty, see § 50.99