[Adopted as § F.2 of the Town Code]
Within the Town of Marlborough no person, firm, corporation or their servant, agent or employee shall excavate within the right-of-way on any street or highway under the control of or maintained by the Town, or dig below the surface of any street or highway, or place any obstruction thereon, or install a driveway or do grading thereon, without first obtaining a permit therefor from the First Selectman or his authorized representative. As used herein, "highway" or "street" shall include any portion, the shoulders, of any unimproved or underdeveloped portion of the highway or street.
The issuance of such permits shall be in accordance with the following rules and regulations:
A. 
Permit shall be issued only after receipt of application in writing, signed by the applicant or his authorized representative, stating the nature of the work to be performed, location, and person, corporation or agency performing the work.
B. 
The fee for issuing each permit under the provision of this order shall be set by the Board of Selectmen.
C. 
A cash or surety bond in an amount equal to the value of the improvements proposed within the public right-of-way must be deposited on issuance of the permit to insure completion of the improvements and restoration of the highway to conditions satisfactory to the First Selectman. Notification of completion of the work shall be given to the First Selectman, and upon inspection and approval, he will arrange for release of the bond.
D. 
Excavation and construction and restoration of road must be done by a bona fide contractor, and suitable barricades and warning lights must be provided to safeguard the public during the progress of work. One-half of the traveled part of road shall be kept open at all times during construction.
E. 
The Superintendent of Highways or his authorized representative is empowered to inspect at any time any or all work being performed under a permit issued under the provisions of this article. If in his opinion the public safety and welfare so warrant, he may direct the permittee to restore any excavation or install or remove any obstruction within 12 hours of such notice, and if such direction is not complied with, he may cause such work to be done at the responsibility and expense of the permittee.
F. 
Permits will expire six months after date of issue, unless canceled by completion and approval of work done by the First Selectman at a previous date.
G. 
None of the foregoing provisions of this article shall apply to any work being done by or on behalf of the Town of Marlborough, or performed in connection with the maintenance, repair, replacement or relocation of existing utility poles owned by a public service company, nor to the erection of any temporary protective warning signs or devices, nor to installation of additional utility poles in connection with the extension of service by such a company.
H. 
It shall be the responsibility of the general contractor or developer in an area where there is construction or excavation in progress to prevent littering on or damage to a Town highway. Littering shall include droppings from vehicles, sediment resulting from erosion, and any other debris cited by the Superintendent of Highways or his authorized representative. If littered, the roadway shall be cleaned at the end of each working day, and if damaged, the roadway shall be repaired according to the Town of Marlborough's Highway Construction Standards and Specifications, within a reasonable time period as agreed upon by the Superintendent of Highways or his authorized representatives. Any contractor or developer found to be in violation of this section shall be subject to a stop-work order and all other penalties dictated by this article.
All work performed under this article shall be in accordance with the latest approved "Town of Marlborough Highway Construction Standards and Specifications," available at the office of the Town Clerk. Under this article, the First Selectman will cause necessary repairs to be made and costs will be billed for excess, and amount will be due within 30 days from the date of billing.
Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, may be subject to a fine of not more than $25 for each provision thus violated, and each day such violations shall continue after notice to the offender may be deemed a separate offense.