8.32.04 Excavation and Construction Affecting Town Roads

(1) Permit and Bond Required. (a) Before excavating in any town road, lane, or public way, or removing any pavement or other materials forming an improvement thereon, a person shall make written application for and obtain a permit from the engineering coordinator. The application shall include a completion bond equal to 1.10 times the cost of restoring the road, lane, or public way to its condition prior to excavation. The permit shall be valid for the time shown on the permit and may be extended by the engineering coordinator for additional time. (b) Before engaging in any construction requiring persons, equipment or materials to encroach upon a town road, lane, or public way, a person shall make written application for and obtain a permit from the engineering coordinator. The application shall include a completion bond equal to 1.10 times the cost of restoring the road, lane, or public way to its condition prior to the encroachment. The permit shall be valid for the time shown on the permit and may be extended by the engineering coordinator for additional time. (2) Emergency Conditions. Under emergency conditions, a person may excavate in any town road, lane, or public way, or remove any pavement or other materials forming an improvement thereon, or may encroach upon a town road or public way, if doing so is necessary to prevent imminent loss of life or serious damage to property. In such emergencies, the person making the excavation or encroachment shall contact and obtain a permit from the engineering coordinator at the earliest possible time, but in no case later than the first working day following the emergency excavation or encroachment. All other provisions and specifications set forth in this section shall be applicable to excavations and encroachments arising out of emergency conditions. (3) Winter Season. No permits for excavation or encroachment shall be issued during the winter season except in emergency conditions where the engineering coordinator determines that weather and ground conditions are such that satisfactory back-filling and road restoration and repair may be completed. The winter season shall commence on October 15th and end on April 1st of each year unless otherwise approved by the engineering coordinator. (4) Completion Bonds. (a) The completion bond required for excavation and for encroachment in a town road, lane, or public way may be cash, a letter of credit from an FDIC insured financial institution or a corporate surety bond. The bond shall be valid for a period of one year to guarantee compliance with the requirements of this title. The bond shall be released upon approval of the engineering coordinator. (b) Applicants for excavation and encroachment permits may request permission from the engineering coordinator to secure a continuing annual completion bond in lieu of separate bonds for each excavation or encroachment. Applications for such a bond shall be made before December 31 of each year and shall be valid for the next calendar year or as determined by the engineering coordinator and approved by the Planning Commission. (5) Excavation Procedures: (a) Any person making any excavation affecting or impacting a town road or public way shall erect and maintain about the excavation site sufficient guards, signals, barricades, and lights to give warning to approaching vehicular and pedestrian traffic. The guards, signals, barricades and lights shall remain in place until the road is restored to its original condition and all construction associated with excavation completed, including the removal of all rocks, dirt, and construction materials from the road or public way. (b) All excavations shall be restored to ninety-five (95) percent compaction unless otherwise provided by this code. (c) The engineering coordinator shall inspect all excavation projects to ensure that the affected or impacted town road or public way is restored to an appropriate condition in accordance with generally applicable town standards. (d) Any person making any excavation affecting or impacting a town road or public way shall indemnify and hold harmless the town from any and all claims, liabilities, demands, or damages for any and all injuries to persons or property arising out of such excavation. (e) If an excavator refuses to restore to a reasonable safe condition any town road or public way affected or impacted by the excavation, the engineering coordinator may cause the road or public way to be restored at the expense of the excavator. (6) Cleaning and Operation of Excavation Equipment on Town Roads: (a) Any person making any excavation affecting or impacting a town road or public way shall provide for a suitable process to clean the excavation equipment before operating that equipment upon any town road or public way. (b) At or near the excavation site, the excavator shall establish a cleaning area and crew to clean mud, dirt, or rocks from the wheels and exterior body of all excavation equipment. The cleaning area shall allow for adequate drainage and shall not constitute a safety hazard to oncoming vehicular or pedestrian traffic. (c) All trucks and equipment leaving the excavation site carrying earthen materials or loose debris shall be covered so as to prevent dropping of materials and debris on town roads and public ways. (d) Ramps constructed over curbs and gutters shall not interfere with or block the passage of water along the gutter and shall be constructed of materials that will not erode in adverse weather conditions. (e) Excavators under this chapter shall install erosion and run-off controls so as to prevent storm water, surface water and debris from draining, washing, or being carried onto any town road or public way. (f) Excavators under this chapter shall be responsible for the immediate removal of mud, dirt, or debris deposited on town roads or public ways as a result of the excavation. (g) If an excavator under this chapter fails to remove mud, dirt, and debris deposited on a town road or public way as a result of the excavation, the engineering coordinator may provide for the removal at the excavator's expense. The excavator shall be responsible for the costs of removal and any costs expended to collect, including attorney fees. The engineering coordinator may suspend the excavation permit or withhold a certificate of occupancy for any structure related to the excavation until such time as the costs of removal are paid in full. (7) Construction Encroaching On Town Roads: (a) Any person engaging in construction of any kind that requires persons, equipment or materials to encroach upon a town road or public way shall erect and maintain during the period of encroachment sufficient guards, signals, barricades, and lights to give warning to approaching vehicular and pedestrian traffic. The guards, signals, barricades, and lights shall remain in place until the persons, equipment, or materials are permanently removed. (b) Any person engaging in construction of any kind that requires persons, equipment, or materials to encroach upon a town road or public way shall indemnify and hold harmless the town from any and all claims, liabilities, demands, or damages for any and all injuries to persons or property arising out of such encroachment. (c) The application and permit shall specify the portion of the town road or public way that may be encroached upon, and hours during which this may occur. (d) The area of permissible encroachment shall be fenced and provision shall be made for the continuation of safe pedestrian travel along the town road or public way encroached upon. (8) Specifications for Restoration and Repair of Town Roads. The specifications and standards for restoration and repair of town roads, lanes or public ways after excavation and encroachment are contained in Appendix A, B, and C at the end of this title. (9) Prohibited Conduct: (a) It shall be unlawful to engage in activities regulated by this chapter without obtaining the required permit, or to engage in activities regulated by this chapter that exceed the scope of the activities authorized in the required permit. (b) It shall be unlawful for any person subject to the provisions of this chapter to fail to erect and maintain the guards, signals, barricades, and lights around required in this chapter. (c) It shall be unlawful for any person to knowingly, intentionally, or recklessly remove, tamper with, or destroy any guard or barricade or extinguish any signal or light erected or maintained in accordance with the requirements of this chapter. (d) It shall be unlawful for any person responsible for an excavation affecting or impacting a town road or way to intentionally or knowingly fail or refuse to restore a town road or public way to a reasonably safe condition after having received written notice from the engineering coordinator ordering restoration. (e) A violation of any other provision of this chapter shall constitute a class C misdemeanor. Each day a violation of this section persists shall constitute a separate offense.