[Adopted 8-5-1992 by Ord. No. 7-1992 (Ch. 90, Art. III,
of the 1983 Code)]
The installation, laying, erection or construction of subsurface
wires, pipes, conduits or other fixtures for the transmission, distribution
or conduction of artificial or natural gas, electricity, cable television
or telephone service shall not be allowed in Town streets until on
or after January 1 following at least two years after completion of
construction, reconstruction or paving or repaving of a Town street,
or acceptance of said street as a Town street, except as follows:
A.
Said wires, etc., are installed, laid, erected or constructed under
the nonpaved portion of the Town right-of-way and the installation
does not interfere with the paved portion of the right-of-way or the
base thereof;
B.
Said wires, etc., are installed, laid, erected or constructed under
the paved portion of the Town right-of-way without disturbing the
pavement or the base thereof;
C.
Repairs to said wires, etc., are necessary for public safety and
said repairs are necessary prior to the expiration date of the prohibition;
D.
The roadway has been excavated for other purposes and the installation
will not interfere with the paved portion of the right-of-way which
has not been excavated; or
E.
Said wires, etc., are installed, laid, erected or constructed for
the purpose of providing new service to an adjoining property which
does not have gas or electric service at the time application for
said service is made, provided that, prior to said installation, the
owner(s) of said adjoining property shall place into escrow with the
Town an amount, as set forth from time to time by resolution of the
Town Board, to be applied toward the repair of the excavation in accordance
with Town standards, if the owner(s) fails to make said repair properly.
If costs incurred by the Town are less than the escrowed amount, the
difference shall be refunded to the applicant.[1]
[Added 1-6-1993 by Ord. No. 1-1993]
A.
Permit required.
(1)
No person, firm, corporation or other entity shall enter or encroach
upon a Town street for the following purposes unless a street work
permit for such activity has been duly issued by the Highway Superintendent
or his designated representative.
(a)
Making any excavation, trench, channel or other opening.
(b)
Removing or constructing any sidewalks, curbs or pavements.
(c)
Storing, however temporarily, any sand, gravel, cement, stone,
brick, lumber or other material for building.
(d)
Erecting any scaffolding or other temporary structures or devices.
(e)
Installing utility poles for whatever purpose.
(f)
Removing trees.
(g)
Installing, laying, erecting or constructing subsurface wires,
pipes, conduits or other fixtures for the transmission, distribution
or conduction of artificial or natural gas, electricity, cable television
or telephone service.
(h)
Any similar activity.
(i)
Making any attachments to, or performing any work on, utility
poles.
[Added 11-14-2022 by L.L.
No. 5-2022]
(2)
The Highway Superintendent shall not be required to obtain such a
permit to engage in said activities.
B.
If, in case of an imminent threat of harm to public safety or public
property, it becomes necessary to enter or encroach upon a Town street
for a purpose for which a permit is required, but a street permit
has not been obtained, any person, firm, corporation or entity may
make said entry or encroachment, provided that the Highway Superintendent
is immediately notified, and further provided that within 24 hours
of the time of making of such entry (Saturdays, Sundays and holidays
not included), proper application for a street work permit is made.
C.
No encroachments upon Town streets for which a street work permit
is required shall be allowed from November 1 through April 1 of each
year, except where the Highway Superintendent determines that the
public safety or private or public property would be jeopardized if
encroachment were denied until after said period.
[Added 1-6-1993 by Ord. No. 1-1993]
No street work permit shall be issued unless a written application
is approved by the Highway Superintendent. The Highway Superintendent
shall prepare forms to be used by applicants for street work permits.
In addition to such other reasonable conditions which the Highway
Superintendent may impose in order to preserve the integrity of Town
streets and to promote public safety, the following conditions must
be met before a street work permit shall be issued:
A.
Security. Security shall be exacted for the restoration of any footpath,
sidewalk, street, public alley or grounds in which any excavation
is to be made only by means of a deposit with the Town of either the
sum of $10,000 in cash, or an irrevocable letter of credit or bond
in a like amount deposited with the Town. Such sum shall cover all
excavations within any calendar year. The security deposit is refundable
12 months after the completion of the project if the restoration is
completed to the satisfaction of the Highway Superintendent. If the
security deposit is to cover more than one excavation, the refund
due shall be made 12 months after the completion of the last excavation
covered by the deposit.
B.
Insurance.
(1)
The applicant shall place on file with the Town Clerk, without any
cost to the Town, satisfactory evidence of public liability insurance
and of property damage insurance, in amounts deemed reasonable and
sufficient by the Highway Superintendent. Said insurance shall insure
the Town of Dickinson against any loss, injury or damage arising out
of the granting of the permit or from any negligence of said applicant,
his servants, agents or employees in connection with the said operations
or with any and all work related thereto. Such insurance shall be
issued in the name of the Town of Dickinson as an additional insured.
(2)
Such insurance shall remain in force throughout the effective period
of the permit and/or any authorized extension or extensions thereof,
and shall carry an endorsement to the effect that the insurance company
will give at least 30 days' prior written notice to the Town of Dickinson
of any modification or cancellation of such insurance.
(3)
The provisions of this section shall not in any way limit the rights
of the Town to bring any action or proceeding against the applicant,
his agents or employees to recover damages suffered by the Town and
caused by the applicant, his agents or employees.
C.
Fees.
(1)
Prior to the issuance of a permit, the applicant shall pay a permit
fee, as set forth from time to time by resolution of the Town Board,
to the Highway Superintendent in the form of a check, draft or money
order, payable to the Town of Dickinson; provided that the requirement
of said fee does not violate any existing contractual or franchise
agreement nor is contrary to existing provisions of law.[1]
(2)
For excavations, the base permit fee shall provide for an excavation
of 18 square feet. For excavations larger than 18 square feet, an
additional fee, as set forth from time to time by resolution of the
Town Board, shall be required for each additional square foot of excavation.[2]
(4)
Any permit fees, as set forth herein, may be waived by the Highway
Superintendent if the excavation is in cooperation with or dictated
by the reconstruction of the street by or in behalf of the Town.
(5)
The Town of Dickinson reserves the right to negotiate a blanket annual
coverage agreement with utilities licensed through the Public Service
Commission, such blanket coverage agreement to be within the discretion
of the Highway Superintendent, provided that such blanket coverage
is equitable in comparison with other fees.
D.
Other conditions. The applicant shall be deemed to agree, by his
application for a street work permit, that all operations covered
by the permit shall be performed and completed to the satisfaction
of the Highway Superintendent, and that the directions of the Highway
Superintendent as to safety precautions shall be followed explicitly,
including the placement of barricades and warning lights.
E.
Defects. Should any excavation be improperly restored, or should
a problem develop within 12 months of the restoration of the excavation,
the permittee shall be given 48 hours' written notice to correct the
defect. Should said defect not be corrected, the Town of Dickinson
shall then be authorized to correct the defect and deduct the costs
of such corrective action from the deposit required. The use of such
funds will not prevent the Town from seeking further compensation
should such funds be insufficient to cover the costs of the corrective
action.
[Added 1-6-1993 by Ord. No. 1-1993]
The Highway Superintendent shall have the right, in his reasonable
discretion, to revoke any street work permit at any time based upon
documentation of the violation of any of the provisions of this article,
other relevant provisions of the Town Code or any other local, state
or federal law related to the project. Further, should any permittee
repeatedly fail to make proper and adequate repairs and/or fail to
take corrective action after being given notice of defect, further
permits may be denied. Any two such occurrences within a twelve-month
period shall be considered cause for such action.
[Added 1-6-1993 by Ord. No. 1-1993]
No person having charge of any excavation in any street, sidewalk
or public way shall permit such excavation to remain open or uncovered
day or night without having and causing the same to be fenced in and
guarded during the day by a red flag, and at nighttime by lights with
amber globes, so placed and kept as to properly warn all persons of
such excavation.
[Added 1-6-1993 by Ord. No. 1-1993[1]]
Any person or persons illegally working within the street right-of-way
without obtaining the proper permits as set forth in this article
may be charged with a violation punishable by a fine of up to $1,000
and/or 15 days' incarceration.
