[Adopted 2-20-1996 by Ord. No. 96-2-20A]
Any person owning or leasing land abutting any public street or sidewalk in the Town of Portsmouth who desires to have an entrance, curb cut or driveway installed in such public street or sidewalk shall make application therefor to the Director of Public Works. The applicant shall file a plat or plan, in the manner and form prescribed by the Director, showing the proposed location and dimensions of such entrance, curb cut or driveway.
The Director shall, within 15 days of the receipt of the application, investigate the necessity of such entrance, curb cut or driveway and, in so doing, shall take into consideration the public welfare, traffic hazards, danger to pedestrians and the public generally, and any and all matters pertaining thereto, and shall act upon and approve or disapprove the application.
If the Director disapproves the application, he/she shall notify the applicant of his/her action. The applicant shall have the right to appeal from the action of the Director within 10 days thereafter to the Town Council. After hearing said appeal, the Council shall affirm, modify or reverse the action of the Director.
If the Director approves the application, or, if the Council, upon appeal, approves the application, the Director shall notify the applicant of such approval, and the applicant shall hire a suitable contractor to do the work required, which work shall be done only under the supervision of the Director or his designee, and the applicant shall pay all costs of such work.
The fee for having an entrance, curb cut or driveway installed shall be $40, which sum shall be paid at the time the application is made.
[Amended 11-12-1996 by Ord. No. 96-11-12; 2-25-1997 by Ord. No. 97-2-25A]
No person shall connect any land or premises with any main drain or common sewer, or open any drain or sewer belonging to the Town, or break ground or make any excavation in any of the sidewalks, streets or public places in the Town for the purpose of making a drain or sewer or laying or placing gas pipes or water pipes or for any other purpose, without first obtaining a permit therefor from the Director of Public Works, who shall first ascertain the feasibility of such excavations in relation to utilities with services in the affected areas. Such person applying for a permit shall provide such information as the Director may require. For such permit, the person obtaining the same shall pay the Director a fee as set forth herein, and such person shall provide for proper traffic control and properly light and barricade such excavation to the satisfaction of the Director. However, in the case of any road which has been surfaced or resurfaced, no approval shall be given by the Director of Public Works for any excavation, except in case of necessity, for a period of 10 years after the completion of said surfacing or resurfacing. A proposed excavation shall not be deemed to be necessary unless it is not possible to perform necessary work without making such excavations. In no case shall the Director approve any excavation to take place during a period commencing on December 1 of any year and extending through and until April 1 of the following year, except in cases of emergency, necessitating a repair of a gasline, water main, cable or electrical conduit, or other such purpose.
All fees payable for street and sidewalk excavations shall be payable at the time application for a permit is made. However, in case of an emergency occurring between the hours of 3:00 p.m. and 7:00 a.m. necessitating an excavation for the purpose of making repairs to a gas main, water main, cable or electric conduit or for any other purpose, the person required to make such excavation shall not be first required to obtain a permit. Such person shall, however, before making such excavation, advise the Police Department and the Fire Department of the location where the excavation is to be made and the nature of the emergency. Such person shall apply for the required permit during the next business day.
The fees for all street and sidewalk excavations shall be $60 for the first 15 linear feet or part thereof of any excavation and $8 for each additional five linear feet or part thereof. The length of the excavation shall include the total length of mains and laterals.
A. 
The Public Works Director shall give 90 days' advance notice to all public utilities when a street or sidewalk is to be constructed, reconstructed, resurfaced or sealed. This notice will afford the utility companies an opportunity to complete any necessary work in such road or sidewalk prior to the paving work. For two years thereafter, any excavation associated with new mains and/or conduits, including the maintenance of existing ones, will require pavement restoration from curb to curb for the entire length of the excavation.
B. 
For two years following the construction, reconstruction, resurfacing or sealing of a street, any excavator of a lateral trench shall restore the surface by removing and replacing in kind the existing pavement completely for a distance of 10 feet on either side of the center line of the trench from curb to curb.
A. 
Every person who applies for a permit to make an excavation in a sidewalk or street shall state the exact location of the proposed excavation and the dimensions thereof and shall also agree to restore the sidewalk or pavement as required by the Director of Public Works.
B. 
Every person making application shall further agree that if, in the opinion of the Director, the work or restoration is not in strict accordance with his requirements, the Town may restore the same and charge to the person the cost thereof.
C. 
Thorough cleanup shall be accomplished at the end of each working day.
Every person making application for excavations shall be required to file in the office of the Director of Public Works a performance bond in the sum of $5,000 conditioned upon the applicant's doing the work for which he/she has applied in a first-class and workmanlike manner and restoring the sidewalk, curb or pavement as prescribed by the Director and with the understanding that if, in the opinion of the Director, the work or restoration is not in strict accordance with his/her requirements, the Town may do the work or restore the sidewalk, curb or pavement and charge to such person the cost thereof.
Before commencing excavation work covered by this article, the person seeking a permit shall establish that he/she has in full force and effect a policy of comprehensive general liability insurance with a minimum coverage of $500,000 combined single limit or a policy or policies of $300,000 bodily injury limit/$600,000 bodily injury limit/$100,000 property damage limit, to include broad form property damage and explosion/collapse/underground coverage and completed operations coverage. For sidewalk and street obstructions, the applicant must provide proof of a comprehensive general liability policy with a minimum coverage of $300,000. All policies must list the Town as an insured and indemnify the Town for any liability it may incur as a result of issuing a permit under this article.
A. 
Any person making any curb cut or excavation in a public way under this article shall furnish all labor, materials, tools and equipment necessary for protection of the excavation, traffic control, backfilling the excavation, placing a compacted gravel foundation, temporary pavement, and permanent pavement and shall perform all other work necessary to restore the condition of the way. Except in case of emergency, such person shall notify the Director of Public Works at least 24 hours prior to doing any work under this article. All material used shall be subject to the approval of the Public Works Director.
B. 
All excavations shall be protected with public safeguards and adequate warning devices such as detour lights, barricades, lights, watchmen and danger and warning signs, to be provided and maintained by the permit holder. No open excavation shall be left unattended.
C. 
All material removed from the excavation shall be immediately removed from the site of the work and shall not be left on any public right-of-way. That portion of excavated material which is to be used for backfilling the excavation may be stored on the site only with the permission of, and in a manner approved by, the Director of Public Works.
D. 
No construction materials or equipment shall be stored on any Town property or public right-of-way without the written approval of the Director of Public Works.
E. 
Placement of backfill, gravel foundation, temporary pavement and permanent pavement shall be in accordance with Town standards as determined by Town regulations, or, in their absence, by the Director of Public Works. Concrete used on roadways and concrete sidewalks shall be in accordance with the same standards.
F. 
Permanent pavement shall be deferred for a time period designated by the Director of Public Works at the time of the placement of the temporary pavement. This time will depend on soil characteristics, the depth of the excavation and the nature of the excavation. When this time has expired, the Department of Public Works shall notify, in writing, the permit holder to remove temporary pavement and replace it with permanent pavement, which shall be done within a period of 10 days.
Any person who fails or refuses to comply with the requirements of this article shall be punished by a fine of not more than $100, to be recovered to the use of the Town, and each day any violation of this article continues shall constitute a separate offense.