[Adopted 2-22-1993, effective 3-26-1993]
This Article shall be known and may be cited as the "Road Permit and Engineering Standards and Specifications Ordinance."
No person, other than the Town of Mansfield, shall widen, open, alter, make any repairs or excavate in, place any permanent item on, dig below the surface of any street or sidewalk under the jurisdiction of the Town of Mansfield or do any other work, construction or storing of material within the right-of-way of any town road, unless he has obtained a permit to do so from the Director of Public Works, or from his duly authorized agent.
The Director of Public Works shall cause to be promulgated certain Engineering Standards and Specifications to be used in the construction, repair and maintenance of public improvements, including but not limited to streets, highways, sidewalks, drains, storm sewers, sanitary sewers, water mains, and all associated appurtenances thereof, and any other public improvements of a similar nature located within the Town of Mansfield.
Any construction, repair or maintenance of any public improvements for which Engineering Standards and Specifications have been promulgated as provided herein shall conform to such Standards and Specifications. All road permits issued shall be subject to requirements of the Engineering Standards and Specifications.
The Director of Public Works is hereby authorized from time to time to adopt and amend road permit regulations (exclusive of fees) as necessary to regulate the issuance of permits controlling the widening, opening, altering, repairing, placing items on, or excavation in, or digging below the surfaces of any streets or sidewalks, or working within the right-of-way of any town road within the Town of Mansfield. Such permit regulations shall become effective only after:
A public hearing has been held thereon by said Town Council prior to adoption.
Notice of such hearing shall be published in a newspaper having a circulation within said Town of Mansfield at least ten (10) days in advance of such hearing.
Said regulations, and amendments thereto, shall become effective at such time as they are filed with the Town Clerk of the Town of Mansfield, and also on file at the Office of the Director of Public Works, and notice of the decision adopting said regulations, or amendments thereto, has been published in a newspaper having circulation within said Town of Mansfield. Copies of such regulations shall also be made available to the public by the Department of Public Works at a cost established by the Town of Mansfield Department of Public Works, to cover the cost of publication.
The Director of Public Works of the Town of Mansfield shall promulgate, and may amend from time to time, Engineering Standards and Specifications. The Engineering Standards and Specifications shall become effective:
After a public hearing has been held thereon by said Town Council prior to adoption.
By placing such Engineering Standards and Specifications on file with the Town Clerk of the Town of Mansfield, and also on file at the Office of the Director of Public Works. Copies of Standards and Specifications shall also be made available to the public by the Department of Public Works at a cost established by the Town of Mansfield Department of Public Works, to cover the cost of publication.
Such violation(s) shall be enforced by a citation by the Department of Public Works. In the alternative, the Department of Public Works may issue, in the event of such violation, in writing, a cease-and-desist order to be effective immediately. Such order may be enforced by injunction. If the court, in such action, renders judgment for the town and finds that the violation was willful, the court shall allow the town its costs, together with reasonable attorney's fees to be taxed by the court.
The provisions of this Article and any regulations, standards or specifications enacted pursuant to the provisions thereof shall be held to be minimum requirements, adopted for the protection of public health, safety and general welfare of the Town of Mansfield, and whenever the requirements of this Article, or the regulations, standards or specifications enacted pursuant thereto, are at variance with the requirements of any other lawfully adopted rules, regulations or restrictions, such rules, regulations or restrictions which impose the highest standard shall control.
Any person aggrieved by any regulation, standard or specification promulgated by the Director of Public Work pursuant to the provisions of this Article may appeal to the Town Manager of the Town of Mansfield.