Chapter XIV, Section II - Excavation of Streets and Alleys

Sec. 14-2-1.    Permit required.

Unless acting under a contract with the Town, it shall be unlawful for any person, other than a duly authorized Town official or employee in the course of his or her employment or an officially recognized contractor, to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk or other public place in the limits of the Town without first having obtained and having in force a permit therefor.  (Ord. 288 §1, 1968)

Sec. 14-2-2.    Application.

Any person desiring to procure a permit required by the preceding Section 14-2-1 shall file with the Town Clerk, at least twenty-four (24) hours before the time set for beginning the proposed work, a written application upon a blank form prepared and provided by the Town.  (Ord. 288 §2, 1968)

Sec. 14-2-3.    Deposit.

No permit to excavate in any street or alley shall be issued unless the applicant therefor shall have first deposited with the Town Clerk a performance bond or cash bond in an amount sufficient to cover the entire expense of replacing the paving or surfacing material as required by this Chapter XIV, Section II.  If for any reason the amount of the deposit made under this Section is insufficient to cover the cost of work covered by it, or if any damage shall have been done not contemplated in the original estimate, which shall have caused increased expenditure by the Town, the amounts of such deficiency or damage shall be certified to the Town Clerk who shall collect the same from the person to whom the permit was issued.  No further permits shall be granted to such person or any other person on his or her behalf until the amount of such deficiency or damage shall have been paid.  (Ord. 288 §3, 1968)

Sec 14-2-4.    Refund of deposit.

After completion of the work covered by a permit issued under this Chapter XIV, Section II, to the satisfaction of the Town Foreman, he or she shall certify to the Town Clerk the cost of the work, and the amount of any surplus remaining from the amount deposited under the foregoing Section 14-2-3 shall thereupon be returned to the claimant.  (Ord. 288 §4, 1968)

Sec. 14-2-5.    Fees.

A fee of one dollar ($1.00) shall be charged for a permit issued under the provisions of this Chapter XIV, Section II, for an excavation of twenty-five (25) feet or less in length.  For excavations longer than twenty-five (25) feet, an additional permit fee of one dollar ($1.00) shall be charged for each twenty-five (25) additional feet or fraction thereof.  (Ord. 288 §5, 1968)

Sec. 14-2-6.    Supervision.

All work on any excavation or opening in or under any street, sidewalk, alley or other public place shall be under the supervision of the Town Foreman.  (Ord. 288 §6, 1968)

Sec. 14-2-7.    Open cut method.

All openings and excavations authorized under the provisions of this Chapter XIV, Section II, shall be made by the open cut method.  Asphalt openings shall be cut to the full thickness of the asphalt on a vertical face in a neat and rectangular shape in order that repair may be made in a proper manner.  (Ord. 288 §7, 1968)

Sec. 14-2-8.    Width.

The width of any opening or excavation authorized by the provisions of this Chapter XIV, Section II, shall be no greater than is necessary for doing the work.  In no case shall more than one-half (½) of the width of any street be opened at any one (1) time, and, in all cases, one-half (½) of such street shall remain untouched for the accommodation of traffic, until the first half is restored for safe use.  (Ord. 288 §8, 1968)

Sec. 14-2-9.    Undercutting.

No opening or excavation made in any street, sidewalk or other public place shall be undercut or have a greater width at the bottom than at the top.  (Ord. 288 §9, 1968)

Sec. 14-2-10.    Barricades and lights.

Any person making or causing to be made any excavation or opening in any street, alley, sidewalk or other public place, or within five (5) feet of a line of any public right-of-way, shall keep the excavation barricaded at all times and, between sunset and sunrise on every night that the same remains open or danger exists therefrom, he or she shall keep such excavation or opening properly lighted so as to warn all persons of such excavation or opening and all obstructions.  All barricades and lights shall be of substantial construction and shall be furnished by the person doing the work.  (Ord. 288 §10, 1968)

Sec. 14-2-11.    Barricades; unauthorized removal.

No unauthorized person shall remove or interfere in any way with any barricade, lantern or other danger signal placed around the excavation or opening in any street, alley, sidewalk or other public place.  (Ord. 288 §11, 1968)

Sec. 14-2-12.    Protection of poles, mains, etc.

Every person making an opening or excavation in or under any street, sidewalk or other public place shall, at his or her expense, sustain, secure and protect any pipes, poles, mains or conduits laid or erected in the street from injury and replace and pack the earth wherever the same shall have been removed, loosened or disturbed under or around them, so that they shall be well and substantially supported.  If any person shall fail to sustain, secure or protect such pipes, poles, mains or conduits from injury or to replace and pack the earth under or around them, as the provisions of this Section require, then the same may be done by the corporation to whom the same may belong, the cost thereof and all damages sustained by such corporation thereby shall be paid by such person, and in default thereof, such corporation may maintain an action against him or her therefor.  (Ord. 288 §12, 1968)

Sec. 14-2-13.    Protection of workmen.

Due precautions shall be taken for the protection of workmen when any excavation under this Chapter XIV, Section II, is over five (5) feet
in depth or when unstable soil conditions are encountered.  (Ord. 288 §13, 1968)

Sec. 14-2-14.    Inconvenience to public.

All work on openings or excavations in or under any street, sidewalk or other public place shall be performed in such a way as to cause a minimum of inconvenience and restriction to the public to both pedestrian and vehicular traffic.  (Ord. 288 §14, 1968)

Sec. 14-2-15.    Backfill.

Backfill of any excavation made in any street or alley shall conform to the following conditions:

Minimum Gradation	Percentage
2 inches to 8 inches	10% maximum
4 inches or less	35% minimum

Sec. 14-2-16.    Time.

All openings shall be completely repaired to original condition within ten (10) days after the job for which the cut was made is completed.  (Ord. 288 §16, 1968)

Sec. 14-2-17.    Rubber-tired equipment.

All equipment placed on public streets and used for the cutting, ditching, backfilling or repairing of asphalt streets shall be on rubber tires or placed on rubber pads to prevent the marring or defacing of the asphalt surface.  (Ord. 288 §17, 1968)