The text
(a)
Permits. Only excavating contractors or public utility companies (hereinafter "street excavators"), licensed by the town as set forth in subsection (b) below, shall be allowed to dig into or otherwise break the surface of any public street or way in the town. Prior to proceeding with any such digging or excavating in any public street or way in the town, the street excavator shall first obtain from the director of public works a permit which shall be issued only after:
(1)
A plan is filed with the department of public works setting forth the location and extent of the proposed work;
(2)
The applicant has paid the director of public works a fee as set by town council resolution to cover the expenses of the issuance of the permit and the requisite inspections;
(3)
The applicant has filed with the town clerk a bond satisfactory to the director of public works in an amount as follows:
a.
For utility services not exceeding four permits in a calendar year a bond of $10,000.00 shall be sufficient. For each additional utility service permit, the bond shall be increased by $2,500.00.
b.
For utility main replacements, utility main extensions, or similar large projects, a bond or certified check equal to the estimated cost of the street repair as determined by the director of public works, but in no event less than $10,000.00 shall be filed with the town clerk by the applicant.
(4)
The street excavator shall verbally notify the director of public works of any significant deviation from the approved plans prior to performing additional work. The director of public works shall determine if additional bonding is necessary and shall advise the street excavator. The permit and accompanying plans may be modified in writing to allow additional work. Any work performed that significantly deviates from the approved plans, and that has not been approved in writing by the director of public works, shall be grounds for cancellation of the permit. The director of public works or his designee may issue an immediate cease and desist order. The director, upon issuance of such order, shall schedule a hearing, if one is sought in writing by the permit holder, within 48 hours.
(5)
Permit applications shall be submitted to the director of public works as far in advance as possible, but not less than 48 hours in advance of intended project commencement. The applicant shall provide a schedule for the work with the permit application and shall verbally notify the director of public works of any schedule changes. In the event of an emergency, work may commence and/or proceed without a permit, provided that immediate verbal notice is given both to the Officer on Duty of the Tiverton Police Department, and to the director of public works, or if he or she is unavailable, the verbal notice shall be given to the director of public works on the next regularly scheduled business day. A permit application for emergency work shall be submitted to the director of public works within two business days following the emergency work being commenced.
(b)
Drain layers. All persons desiring to be licensed in the town as a drain layer shall file an application with the town clerk accompanied by a license fee as set by town council resolution.
(Ord. of 7-25-11, § 12)