It shall be unlawful for any person to make any tunnel, opening,
or excavation of any kind in or under the surface of any street without
first securing a permit from the Code Enforcement Officer for each
separate undertaking; provided, however, any person maintaining pipes,
lines or other underground facilities in or under the surface of any
street may proceed with an opening without a permit when emergency
circumstances demand the work to be done immediately, provided the
permit could not reasonably and practically have been obtained beforehand.
The person shall thereafter apply for a permit on the first regular
business day on which the office of the Code Enforcement Officer is
open for business, and said permit shall be retroactive to the date
when the work was begun. In all cases where emergency openings are
necessary, the Police Department shall be notified prior to such opening.
All inspections of permitted work shall be concluded by the Department
of Public Works or their designee, as appropriate.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount greater than that
specified in the permit, except that, where the permittee desires
to perform additional work not in excess of an amount greater that
10% of the amount specified in the permit, the permittee may apply
to the Code Enforcement Officer for an amended permit to permit additional
work. If the additional work desired to be performed by the permittee
exceeds 10% of the amount specified in the original permit, an application
for a new permit shall be made. Any deposit or bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit therefor. If not so commenced,
the permit shall be terminated automatically unless the permittee
applies for an extension of time within which to commence work. If
such an extension is granted, the original permit shall remain in
force for the period of time specified in the extension. Permits which
terminate by reason of failure to commence work within 30 days after
issuance or within any extension of time granted hereunder may be
renewed only upon the payment of an additional permit fee as originally
required. Permits shall be issued for a period not to exceed one year,
and any application to renew an expired permit shall be treated as
a new application, including the payment of a new permit fee.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Code Enforcement Officer
a request for an extension of time, setting forth therein the reasons
for the requested extension. If the Code Enforcement Officer finds
that the failure to complete the work under the permit within the
time specified therein was due to circumstances reasonably beyond
the control of the permittee and that an extension of time to complete
the work under the permit is necessary and not contrary to the public
interest, the permittee may be granted additional time for the completion
of the work.
Every permit shall be granted subject to the right of the municipality
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used not inconsistent
with the permit.