Town of Elkton, VA Excavations

No person, firm or corporation shall make any excavations or openings or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place for the purpose of laying or placing therein any pipe, wires, poles or for any other purposes, unless a written permit therefor has been issued by the Town Superintendent.

A permit shall not be required where such work is performed under a contract with the town but in the event such work requires a sidewalk or street to be wholly or partially obstructed, the person shall notify the Town Superintendent and the Police Department at least two hours before obstructing the sidewalk or street, unless prevented by sudden emergency.

§ 143-2 Application information.

All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth in § 143-1, shall make written application therefor, which application shall show the location of the proposed opening, the purpose therefor and the approximate number of square yards of surface to be cut.

§ 143-3 Prerequisites to improvement of streets.

It shall be unlawful for any person to grade, pave, light, clean and otherwise improve, at the expense of the town, any street hereafter dedicated to the public by the owner of private property, unless the same shall have been granted a permit by the Council and under its direction laid out by the Town Superintendent.

§ 143-4 Indemnification of town by permit holder.

Any person, firm or corporation obtaining a permit as provided for in §§ 143-1, 143-2 and 143-3 agrees, as a condition of the issuance of the permit, to indemnify and hold harmless the town against any claims or expenses, including attorney's fees for bodily injury or property damage for accidents or occurrences arising out of the person's operations.

§ 143-5 Responsibility for restoration of excavated street.

When any part of any street, sidewalk, alley or other public place of the town shall be torn or dug up for any purpose, the person, firm or corporation making such excavation or opening shall have the duty of refilling the excavation or opening so as to restore it to essentially the same condition that existed prior to the excavation or opening, and such refilling shall be done in accordance with the standards and specifications issued by the Town Superintendent. Any person, firm or corporation, neglecting, refusing or failing to comply with any provisions of this section shall be guilty of a violation thereof, and where such neglect, refusal or failure is continued, after notice from the Town Superintendent, every day's continuance thereafter shall constitute a separate and distinct offense.

§ 143-6 Guardrails and signal lights around excavations.

It shall be unlawful for any person, firm or corporation who obtains a permit under the sections of this chapter to do any excavation or work of any kind which may create or cause a dangerous condition in or near any street, alley, sidewalk or public place of the town without placing and maintaining proper guardrails and signal lights or other warnings at, in or around the same, sufficient to warn the public of such excavation or work, and to protect all persons using reasonable care from injuries on account of same.

§ 143-7 Inspections by Superintendent.

All excavations and work in the streets, sidewalks, alleys or public places of the town shall be under the supervision and control of the of Town Superintendent, whose duty it shall be to inspect the same from time to time during the progress thereof. Upon completion thereof, the Town Superintendent shall make a final inspection and see that the street, sidewalk or public place is restored to a condition as good in all respects as before the excavation or work was made or done, and that all debris, materials, tools and equipment are removed therefrom. Any person refusing or failing to comply with any provision of this section shall be guilty of a violation thereof, and where such failure or refusal is continued after notice from the Town Superintendent, every day's continuance shall constitute a separate and distinct offense.

§ 143-8 Violations and penalties.

It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.