[Adopted 1-10-2000 by Ord. No. 1-2000]
A.
No person, corporation or utility or his or its agents
or employees or contractors shall make or cause to be made any opening
or excavation in any public road, public way, public ground, public
sidewalk or Town-owned easement or fill or alter any culvert or construct
or install additions or extensions to its existing facilities within
the Town of Holland without a permit therefor from the Town Roads
Committee Chairman, or from the Town Road Superintendent if authority
to issue such permit has been delegated to him by the Town Roads Committee
Chairman.
[Amended 12-10-2007 by Ord. No. 1-2007]
B.
The applicant shall submit to the Town a written request
for a construction/excavation permit and a plan of the proposed construction/excavation,
showing its location and details of construction, including specified
depth, method of excavation, open cut or augering, provisions for
restoration and whatever the Town would deem necessary for review
and consideration. In being issued a permit, the permittee agrees
to be bound by the regulations of this article.
[Amended 12-10-2007 by Ord. No. 1-2007]
The fee for the permit per the fee schedule
on file at the Town Clerk's office shall be paid to the Town Treasurer,
who shall issue his or her receipt therefor. The fee shall be paid
at the time of application.
If, in the discretion of the Town Board, the
Town Board determines that an indemnity bond is necessary, then before
a permit for excavating or opening a road or public way is issued,
the applicant shall execute and deposit with the Town an indemnity
bond, approved by the Town Board, in the sum of $5,000 minimum or
100% of the restoration cost, whichever is greater, conditioned that
it will indemnify and save harmless the Town and its officers from
all liability for accidents and damage caused by any of the work covered
by the permit and that it will fill up and place in good and safe
condition all excavations and openings made in the road and will replace
and restore the pavement over any opening it may make as near as can
be to the state and condition in which it was found and keep and maintain
the same in such condition, normal wear and tear excepted, to the
satisfaction of the Town Road Superintendent for a period of one year
and that it will pay all forfeitures imposed upon it for any violation
of any rule, regulation or ordinance governing road openings or drain
laying adopted by the Town Board and will repair any damage done to
existing improvements during the progress of the excavation in accordance
with the ordinances, rules and regulations of the Town. Such bond
shall also guarantee that if the Town shall elect to make the road
repair, the party opening the road will pay all costs of making such
repair and of maintaining the same for one year. Recovery on such
bond for any accident, injury, or violation of law, ordinance, rule
or regulation shall not exhaust the bond, but it shall cover any and
all accidents, injuries or violations during the period of excavation
for which it is given. An annual bond may be given under this section
covering all excavation work done by the principal for one year beginning
January 1, which shall be conditioned as specified above and in the
amount determined by the Town Board as necessary to adequately protect
the public and the Town.
Prior to commencement of excavation work, a
permittee shall furnish the Town Road Superintendent satisfactory
written evidence that it has in force and will maintain during the
life of the permit and the period of excavation public liability insurance
of not less than $100,000 for one person and $300,000 for one accident
and property insurance of not less than $50,000.
A.
Frozen ground. No opening in the roads or public ways
for any purpose shall be permitted when the ground is frozen, except
where necessary as determined by the Town Road Superintendent.
B.
Removal of paving. In opening any road or other public
way, all paving or ballasting materials shall be removed with the
least possible loss of or injury to surfacing material and together
with the excavated material from trenches shall be placed so as to
cause the least practicable inconvenience to the public and permit
free flow of water.
C.
Protection of public. Every permittee shall enclose
with sufficient barriers each opening which it may make in the roads
or public ways of the Town. All machinery and equipment shall be locked
or otherwise effectively safeguarded from unauthorized use when not
being used by the permittee, its agents or employees. Amber lights
or flashers shall be kept burning from sunset to sunrise, one amber
light or flasher to be placed at each end of the opening in the road
or way and other lights sufficient in number and properly spaced to
give adequate warning. Except by special permission from the Town
Road Superintendent, no trench shall be excavated more than 250 feet
in advance of pipe laying nor left unfilled more than 500 feet where
pipe has been laid. All necessary precautions shall be taken to guard
the public effectually from accidents or damage to persons or property
through the period of the work. Each party making such opening shall
be held liable for all damages, including costs incurred by the Town
in defending any action brought against it for damages, as well as
cost of any appeal, that may result from the neglect by such party
or its employees of any necessary precaution against injury or damage
to persons, vehicles or property of any kind.
D.
Replacing road surface. In opening any road or public
way, the paving materials, sand, gravel and earth or other material
moved or penetrated and all surface monuments or hubs shall be removed
and replaced as nearly as possible in their original condition or
position and the same relation to the remainder as before. Any excavated
material which, in the opinion of the Town Road Superintendent, is
not suitable for refilling, shall be replaced with approved backfill
material. All rubbish shall be immediately removed, leaving the road
or public way in perfect repair, the same to be maintained for a period
of one year. In refilling the opening, the earth shall be laid in
layers not more than 12 inches in depth and each layer rammed, tamped
or flushed to prevent after-settling. When the sides of the trench
will not stand perpendicular, sheathing and braces shall be used to
prevent caving. No timber, bracing, lagging, sheathing or other lumber
shall be left in any trench. The Town may elect to make the pavement
repair for any road or public way opening, in which case the cost
of making such repair and of maintaining it for one year shall be
charged to the party making the road opening.
Whenever the Town Board determines to provide
for the permanent improvement or repaving of any road, such determination
shall be made not less than 30 days before the work of improvement
or repaving shall begin. Immediately after such determination by the
Town Board, the Town shall notify in writing each person, utility
or other agency owning or controlling any sewer, water main, conduit
or other utility in or under the road or any real property abutting
the road that all such excavation work in such road must be completed
within 30 days. After such permanent improvement or repaving, no permit
shall be issued to open, cut or excavate the road for a period of
five years after the date of improvement or repaving, unless in the
opinion of the Town Road Superintendent an emergency exists which
makes it absolutely essential that the permit be issued.
In the event of an emergency, any party owning
or controlling any sewer, water main, conduit or utility in or under
any road and its agents or employees may take immediate proper emergency
measures to remedy dangerous conditions for the protecting of property,
life, health or safety without obtaining an excavation permit; provided
that such party shall apply for an excavation permit not later than
the end of the next succeeding business day and shall not make any
permanent repairs without first obtaining a permit hereunder.
The provisions of this article shall not apply
to excavation work under the direction of the Town Board or by contractors
performing work under contract with the Town necessitating openings
or excavations in Town roads.
