Town of Zolfo Springs, FL
Hardee County
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Table of Contents
Table of Contents
[Adopted 8-18-2014 by Ord. No. 2014-02]
This article shall be known and may be cited as the "Town of Zolfo Springs Rights-of-Way Ordinance."
The Town recognizes that vehicular and pedestrian traffic are vital to the operation of the Town. Protection of these rights of travel and the infrastructure that supports these activities is a priority for the Town government and for the citizens of this community. Therefore, it is necessary in the interest of the public health, safety and welfare to regulate the use of the rights-of-way of the Town.
The provisions of this article shall apply to the rights-of-way and any improvements thereon and any work or activity thereon within the corporate limits of the Town, unless they are expressly exempted by law.
A. 
No person shall use any rights-of-way to provide any services, including, but not limited to, electrical and gas services, but excluding any communications service, unless a franchise has first been obtained by the person. Such franchise shall not take the place of any other license or permit which may be legally required of the person to conduct such a business.
B. 
Any franchise granted hereunder shall be granted pursuant to an ordinance duly adopted by the Town pursuant to the terms of the Town Charter, ordinances, and general law.
C. 
Any franchise granted hereunder shall allow the franchise holder to lease, construct, operate, maintain, repair, rebuild or replace the franchise holder's facilities within the public rights-of-way, subject to the terms of the ordinance adopted by the Town granting the franchise and all other applicable requirements of the Town Code of Ordinances.
D. 
As compensation and consideration for the use by a franchise holder of the public rights-of-way for the construction, operation, maintenance and repair of a route for the provision of such services, a franchise fee shall be imposed. The fee is in addition to any other fee that may be lawfully imposed pursuant to applicable law.
For the purpose of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:
APPLICANT
A person seeking a permit from the Town under this article.
OWNER
The person to whom a permit or license shall be issued, for example, to install, operate and maintain trash receptacles upon the rights-of-way of the Town.
PERMIT
An official document authorizing performance of a specific activity regulated by this article.
RIGHTS-OF-WAY
The roads, streets, alleys, highways, waterways, bridges, sidewalks, and other ways or places of whatever nature, including the space above, on, at or below such rights-of-way, that are owned by the Town, publicly held by the Town, dedicated to the Town, or otherwise controlled by the Town, for public use which are held for public use, presently opened or to be opened for public use sometime in the future, including for vehicular and pedestrian movement.
The provisions of this article shall be administered and enforced by the Town Manager or designee. Whenever the term "Town Manager" is used herein, it shall include any designee appointed by the Town Manager, including, without limitation, outside contractors retained by the Town Manager such as engineers, building officials and underground construction contractors.
The provisions of this article are not intended to prevent the use of any material or method of construction not specifically prescribed by this article, provided any such alternate has been approved by the Town Manager. The Town Manager may approve any such alternate, provided he finds that the alternate for the purpose intended is at least the equivalent of that prescribed in this article in quality, strength, effectiveness, fire resistance, durability and safety. Prior to approval, the Town Manager shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate. If these criteria are not met, the Town Manager shall deny the request.
No right-of-way shall be closed, abandoned, relinquished or narrowed except by ordinance; provided, however, that the Town Commission by resolution may delegate its authority to temporarily close rights-of-way to the Town Manager for a period not to exceed five consecutive days. Appeals of the decision of the Town Manager with regard to any such approval or denial of closing shall be to the Town Commission.
It shall be unlawful for any person to block or obstruct any right-of-way in the Town for more than five minutes at any one time unless a permit has been obtained from the Town Manager so to do. Such obstruction shall comply with all rules, regulations and orders that the Town Manager may require.
The provisions of this article are not intended to prevent emergency repair or restoration of public services or facilities necessary in the protection of the health, safety and welfare of the citizens and property of the community.
A. 
Whenever any right-of-way is blocked or obstructed by excavations, injury or other cause, it shall be properly barricaded and warning given at night by red lights properly placed, all at the expense of the person or party creating the condition. At a minimum, the maintenance of traffic ("MOT") requirements of the Florida Department of Transportation shall be used for work conducted in the rights-of-way.
B. 
Building materials, machinery, disabled motor vehicles, excavations and objects on rights-of-way between the period of sunset to sunrise shall conform to all applicable requirements set forth in the Florida Department of Transportation Manual on Traffic Control and Safety Practices for Street and Highway Construction Maintenance and Utility Operations.
It shall be unlawful for any person to throw, place, deposit, distribute, or leave on any right-of-way or other public place any bottle, broken glass, tacks, nails or any sharp or pointed thing or substance, or any other thing or substance likely to pierce, cut or damage any person or vehicle using such public place.
It shall be unlawful for any person to play ball or any other game except at places provided for such games, or to authorize, permit or encourage children under one's care or custody to play upon the public rights-of-way or other prohibited areas.
It shall be unlawful for any person to congregate, ride, or drive upon or otherwise obstruct, block, injure or remove any public sidewalk except as duly authorized or sanctioned by this article, any law or ordinance of the Town. It is not the intent of this section to prohibit the safe use of nonmotorized bicycles of any kind or prevent use of residential driveways.
It shall be unlawful for any person to install, construct, repair, or cause to be installed, constructed or repaired, any sidewalk, driveway, driveway approach, curb, gutter or culvert pipe on any right-of-way, or alter any drainage ditch on any rights-of-way in the Town without first obtaining a permit so to do from the Town Manager.
No curbing within the radius on the corner of street intersections within the Town limits shall be removed or altered.
The use of the public sidewalks in the Town for the purpose of displaying, exhibiting, storing, packing or unpacking, offering for sale or selling goods, wares or merchandise, is hereby declared to be a public nuisance, injurious to the peace, welfare and safety of citizens of the Town and as such is hereby prohibited and declared to be unlawful; provided, however, that the Town Commission may by a special permit allow sidewalk promotions for two days in the spring and two days in the late summer. The use of the public sidewalks shall be subject to such restriction and regulation as the Town Commission shall deem desirable for the peace, welfare and safety of the citizens and to allow orderly use of the sidewalks by the public.
A. 
Any person legally entitled to apply for and receive a permit under the provisions of this article shall make such application in writing to the Town on forms provided for that purpose. Every applicant for a permit shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection herewith. The Town may require plans, specifications or drawings and such other information as it may deem necessary and pertinent prior to the granting of a permit. If the Town determines that the plans, specifications, drawings, descriptions or other information furnished by the applicant is in compliance with this article, the rules and regulations of any other agency having jurisdiction and any other laws, rules and regulations pertaining to work proposed to be done, it shall issue the permit applied for upon payment of the required fee.
B. 
The order, sequence and prerequisites for making applications shall be as designated by the Town Manager.
The Town Commission shall have the authority to set fees authorized by this article by resolution.
Fees may be charged for the following:
A. 
Vacating right-of-way petition;
B. 
Permit issuance;
C. 
Reinspection;
D. 
Application for bench permit;
E. 
Annual renewal for bench permits;
F. 
Right-of-way permit for guardhouses and/or gates;
G. 
News rack permits.
A. 
Driveway permit.
(1) 
Required for: installing or relocating driveway aprons and/or curbs between private property line and right-of-way pavement.
(2) 
May be issued to: owner, contractor or agent.
(3) 
Scope of work: forming and pouring asphalt or concrete or the placement of bricks or stone in accordance with approved plans and/or Town specifications.
B. 
Right-of-way permit — maintenance.
(1) 
Required for: performing utility maintenance activity which causes any obstruction or redirection of normal traffic flow in excess of the following time periods:
(a) 
Collector; major or minor arterial: four hours.
(b) 
Local rights-of-way: eight hours.
(2) 
May be issued to: certified/licensed contractors; utility companies.
(3) 
Scope of work: obstruction or redirection of traffic flow in accordance with this Code and state law.
C. 
Right-of-way permit — new construction.
(1) 
Required for: performing utility construction activity which causes any obstruction or redirection of normal traffic flow.
(2) 
May be issued to: certified/licensed contractors; utility companies.
(3) 
Scope of work: obstruction or redirection of traffic flow in accordance with this Code and state law.
D. 
Right-of-way permit; miscellaneous structures.
(1) 
Required for: installing or relocating miscellaneous structures on Town right-of-way between the private property line and the right-of-way pavement.
(2) 
May be issued to: owner, contractor or agent.
(3) 
Scope of work: placement of miscellaneous structures on the right-of-way in accordance with approved plans and/or departure specifications.
(4) 
Not required for: installing, repairing, or relocating mail boxes, irrigation pipe, or other similar activities associated with residential uses.
E. 
Right-of-way permit for guardhouse and/or gates.
(1) 
Required for: the erection, operation and maintenance of guardhouse and/or gates on, in or in any manner affecting public right(s)-of-way.
(2) 
May be issued to: a corporation or association incorporated or formed under the laws of the State of Florida whose membership is comprised of all owners of real property located in a subdivision or a clearly defined development or a community development district or special district formed for the purpose of erecting, operating and maintaining a guardhouse and/or gates at the entrance into the subdivision or development to be located on, in or in any manner affecting public right(s)-of-way and meeting the following criteria:
(a) 
The public right-of-way on which the guardhouse and/or gate is erected shall not provide a means of vehicular access through the subdivision or development to any right-of-way located outside of the subdivision or development; and
(b) 
All public rights-of-way located within the subdivision or development intersecting the public right-of-way on which the guardhouse and/or gates are located shall not provide a means of vehicular access through the subdivision or development to any public roads or highways located outside of the subdivision or development; and
(c) 
All other requirements contained herein in connection with the permitting, erection, operation and maintenance of the guardhouse and/or gates shall be satisfied.
(3) 
Scope of work: the erection, operation and maintenance of a guardhouse and/or gates located in, on, or in any way affecting public right(s)-of-way subject to the standards set forth in this article and any specific permit requirements.
A. 
The applicant requesting that any rights-of-way or any part or portion thereof be vacated, closed, discontinued and abandoned shall pay all costs and expenses to be incurred by the Town, as follows:
(1) 
For the handling and processing of the application, including the publishing of notice of the public hearing;
(2) 
For the posting of signs;
(3) 
For the publishing of the vacating ordinance if the application is granted;
(4) 
For the recording of a certified copy of the ordinance in the office of the clerk of the circuit court of the county;
(5) 
For the review of the application.
B. 
A payment in the amount as established by resolution of the Town Commission shall be made by the applicant to the city with the submittal of the application. A receipt showing the payment to the Town shall be attached to the application. No portion of this fee shall be refunded. Should an error (by the applicant or his agent) in the original application occur that requires the filing of an amended application and readvertisement of notice of the public hearing, the additional charge and subsequent payment in the amount as established by resolution of the Town Commission to defray additional costs and expenses shall be made by the applicant to the Town, before the amended application will be rescheduled for a public hearing. A receipt showing the payment to the Town of this additional fee shall be attached to the amended application. No portion of this additional fee shall be refunded.
A. 
It is unlawful for any person, public or private utility or any other governmental agency or contractor to excavate, dig, blast or tunnel or to place, construct or install any facilities, structures and objects such as utility lines, telecommunication cables, culverts, etc., within any right-of-way in the Town unless application shall first be made to and a written permit obtained from the Town Manager, except under the following conditions:
(1) 
Installation of trees or shrubbery which will not grow to a diameter in excess of 24 inches when installed by public or private utility work crews, provided that said installations meet minimum state and federal design standards, related to roadside recovery areas, minimum site triangles and the Americans with Disabilities Act requirements, including amendments thereto, as said standards and requirements are adopted herein;[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2) 
Installation of gas, water, sewer, electric or telephone service connection lines not including underground main feeder lines parallel to the right-of-way, when installed by public or private utility work crews which are subject to all conditions specified in this Code.
B. 
It is unlawful for any person, public or private utility or any other governmental agency or contractor working for the same to excavate, dig, blast or tunnel or to place, construct, repair or install any driveway, curb, sidewalk or culvert within any right-of-way in the Town, unless application shall first be made and a written permit obtained in advance of beginning work.
C. 
It is unlawful for any person, public or private utility or any other governmental agency or any contractor working for the same to excavate, dig, blast or tunnel for the purpose of repairs or maintenance of any existing facilities within any right-of-way unless application shall first be made and a permit for the repairs or maintenance obtained in advance of beginning work; provided, however, there is hereby excepted from this requirement public or private utility work crews which are subject to all conditions specified in this article when accomplishing the following work:
(1) 
Removal, replacement or relocation of trees;
(2) 
Repair, cleaning or replacement of gas, water, sewer, electric or telephone service connection lines, not including underground main feeder lines parallel to the right-of-way;
(3) 
Raising manhole covers in conjunction with right-of-way resurfacing;
(4) 
Troubleshooting for leaks, gas, water, sewer, storm sewer, pressurized telephone and electric lines in the unimproved rights-of-way.
D. 
The applicant for a permit shall determine all potential utility conflicts during the design stage and shall show same on the plan and profile drawings submitted with the application. The plan and profile drawings shall be in accordance with utility plan guidelines or as specified by the Town Manager.
E. 
If the Town Manager determines that such work or activity within any right-of-way will not unreasonably interfere with the rights of the public or Town, she is authorized to issue a permit for such construction work or activity upon such reasonable conditions as she shall deem necessary for the protection of the rights of the public and the Town.
F. 
Under all conditions prescribed in this section, the construction shall not proceed unless the statewide one-call toll-free telephone notification system or such other method established under the Underground Facility Damage Prevention and Safety Act,[2] as now or hereafter amended, is notified not less than 48 hours nor more than five days in advance of beginning construction. Advance notification is waived when it is documented to the Town Manager that the excavation work is of an emergency nature involving the public health, safety or welfare.
[2]
Editor's Note: See F.S. § 556.101 et seq.
G. 
All applicants shall give the full name and address of the person or organization making such application, shall designate the place, extent, nature and purpose of such work or activity and, if any curbing, right-of-way, sewer or water main will be disturbed by such work, the Town Manager may require that the application be accompanied by a deposit of money in such amount as shall in the opinion of the Town Manager be sufficient to pay for the expense of repairing or restoring the same. Pavement replacement shall be in accordance with the conditions set forth in the permit and other standards of the Town. Failure or neglect on the part of the applicant to carry out all work in compliance with the conditions set forth in the permit and other standards of the Town shall be reason for revocation of the permit.
H. 
All applicants shall be notified, at the time of permit application submission, that it is their responsibility to restore the right-of-way to its previous condition, guaranty such road work for a period of five years; and provide financial assurances (i.e., bond, letter of credit, etc.) for such guarantee.
I. 
Rights-of-way restoration.
(1) 
The work to be done under the construction permit, and the restoration of the rights-of-way as required herein shall be completed within the dates specified in the construction permit. In addition to its own work, the owner shall restore the general area of the work and the surrounding areas, including but not limited to trench backfill, road foundations, and road surfacing, in accordance with the Town's engineering standard details and specifications for making openings in a public way, and shall inspect the area of the work and use reasonable care to maintain the same condition for the term of the construction permit. All areas and facilities disturbed in the public right-of-way shall be restored by the owner to match existing adjacent conditions in accordance with Town engineering standard details and specifications; neighborhood design and historic district criteria as applicable; and current ADA regulations. The Town shall have the authority to prescribe the manner, extent, materials, and required schedule for completion of the restoration.
(2) 
In approving an application for a construction permit, the Town reserves the right to restore the rights-of-way using Town employees, contractors or agents when necessary to protect the public health, safety and welfare of its citizens.
(3) 
The owner shall perform the work according to the Town's engineering standards and with the materials specified by the Town. The Town Manager shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Town Manager, in exercising this authority, shall be guided by engineering advice and the following standards and considerations: the number, size, depth and duration of the excavations, disruptions or damage to the rights-of-way; the traffic volume carried by the rights-of-way; the character of the neighborhood surrounding the rights-of-way; the pre-excavation condition of the rights-of-way; the remaining life expectancy of the rights-of-way affected by the excavation; whether the relative cost of the method of restoration to the owner is in reasonable balance with the prevention of an accelerated depreciation of the rights-of-way that would otherwise result from the excavation, disturbance or damage to the rights-of-way; and the likelihood that the particular method of restoration would be effective in slowing the depreciation of the rights-of-way that would otherwise take place. Methods of restoration may include, but are not limited to, patching, replacement of the rights-of-way base, and milling and overlay of the entire area of the rights-of-way affected by the work. Notwithstanding the foregoing, if any right-of-way has been paved or otherwise improved to meet the requirements of a special event, restoration work shall meet the specifications for the special event.
(4) 
By restoring the rights-of-way itself, the owner shall guarantee and maintain its work in the paved portion of a right-of-way for five years, and in the unpaved portion of a right-of-way for one year, from the date of the completion of the work and acceptance by the Town Manager as being in compliance with Town standards for such work. During this period, the owner shall, upon notification from the Town Manager, correct all restoration work to the extent necessary using the method required by the Town Manager. Said work shall be completed within 14 calendar days of the receipt of the notice from the Town Manager. However, an owner shall not be required to guarantee its work against the subsequent disturbance of its work by third parties, and if its work is subsequently disturbed by another in whole or in part, the owner shall be relieved of its obligation to maintain its work in whole or in part as the facts of the case may indicate to be fair and reasonable.
(5) 
If the owner fails to restore the rights-of-way in the manner and to the condition required by the Town Manager, or fails to satisfactorily and timely complete all repairs required by the Town Manager, the Town Manager may elect to cause such work to be performed using Town forces or agents. In that event, the owner shall pay to the Town, within 30 days of billing, the restoration cost of restoring the rights-of-way and any other costs incurred.
J. 
All applicants shall verify the location and elevation of all underground facilities and shall protect said facilities from damage; in the event that any facilities are damaged, the applicant or applicants shall, at their sole expense, repair or cause to be repaired the damaged facilities as required by Chapter 556, F.S., or F.S. § 610.114(2), whichever is applicable.
A. 
Any railroad or railway company desiring to repair its tracks shall make application as set forth in this article, and if such repairs will disturb the right-of-way, such company shall restore the right-of-way to its previous condition. The Town Manager shall collect a cash deposit that will be sufficient for the repair and upkeep of that part of the pavement which will be disturbed.
B. 
Such railroad company making such application will be required to repave and maintain permanently that part of the pavement between the rails.
In addition to the payment required by this article, any person to whom a permit to disturb a right-of-way has been issued shall erect and maintain at his expense all necessary guards and danger signals, shall furnish all necessary watchmen to protect the public and the work during its progress, and shall assume all liability for accidents or damage to persons or property that may occur in the course of or by reason of such work. If necessary for the protection of the Town, the Town Manager may require the applicant to post a bond in such amount which the Town Manager deems proper to protect the Town from all loss and damage by reason of such work, because of injury to persons, property or animals.
Any person disturbing, digging up or excavating any right-of-way authorized herein shall exhibit upon demand to any officer or policeman of the Town the permit for such work issued by the Town Manager, and any person failing to do so or to comply with the provisions of this article shall, upon conviction, be punished as provided in this Code.
Upon the completion of the work for which any disturbance, digging up or excavation is made, the owner shall refill all trenches and excavations. All openings in right-of-way must be promptly filled with suitable material, free from rubbish and perishable matter, and thoroughly and evenly compacted throughout, ramming in thin layers while being put in or by flooding with water. Upon completion of the backfill, the person to whom the permit is issued shall immediately place the pavement in a safe condition for traffic by laying a temporary pavement, properly supported, having the top of the pavement flush with the pavement surface. Immediately after completion of this work or any consecutive portion of it, the owner shall remove from such right-of-way all unused material, refuse and dirt placed in the vicinity of the work resulting from its prosecution and restore the right-of-way to a condition satisfactory to the Town Manager, notifying the Town Manager of such action. In case the work is not completed within the time limited in the permit, the Town may, if it deems necessary, take steps to backfill the trench and replace the pavement over the opening for which the permit has been issued. If an extension of time beyond such date is necessary for completion of the work, a new application must be obtained. All persons in charge of any work on the streets must retain and have in possession at all times while so engaged a permit as described in this article. After the person to whom the permit has been issued has complied with the foregoing sections in all respects, the holder thereof shall be relieved from all further expense for repaving the right-of-way and shall not be held responsible for the upkeep and maintenance of the pavement from and after that date, except when a defect develops by reason of improper workmanship below the pavement itself.
The Town shall cause each person who has cut the right-of-way or disturbed, dug or excavated the same to replace and repair such right-of-way under his supervision and inspection. Such work shall be done by or under the direction of some person who has passed an examination given by the Town Manager and demonstrated capabilities for doing such work and is licensed by the Town Manager to do such work; provided, however, that if the Town Manager shall at any time within 30 days after the rights-of-way have been replaced or repaired determine that the persons mending or replacing such rights-of-way so disturbed, dug up or excavated have failed and neglected to repair and replace such rights-of-way in a workmanlike manner, then, and in that event, the Town Manager shall cause the rights-of-way so defectively replaced and repaired to be properly replaced and repaired. All costs and expenses of so replacing and repairing such rights-of-way shall be charged against the fund deposited by the person to whom the permit was granted to cut, disturb and excavate the rights-of-way.
The Town Manager may revoke permits issued by him upon finding that:
A. 
The permit was issued by mistake of law or fact;
B. 
The permit is for work which violates the provisions of this article;
C. 
The permit was issued upon a false statement or misrepresentation by the applicant;
D. 
The permit violates any ordinance of the Town or any state or federal law, rule or regulations;
E. 
The work is not being performed in accordance with the provisions of this article;
F. 
The certificate of competency or license of the permittee has become invalid by reason of expiration, suspension, revocation or otherwise;
G. 
The work is not being performed under the supervision of the holder of the certificate or license upon which the same was issued;
H. 
The work is not being done in accordance with the terms of the permit, the plans or the application upon which the same was issued;
I. 
Payment of the permit fees was not effected due to insufficient funds or any other reason; or
J. 
The work performed under that permit is threatening or interfering with public welfare and safety.
No permit shall be transferable from one permittee to another, and the issuance of a permit for certain work shall not preclude the issuance of a subsequent permit for the same work or for the completion of the work.
Activities regulated by this article shall be subject at all times by inspection by the Town. The Town Manager may require documents, drawings or certificates necessary to effect approval of such work.
In allowing facilities to be placed in the rights-of-way, the Town shall not be liable for any damages caused thereby to any owner's facilities that are already in place or may be placed in the future. No owner is entitled to rely on the provisions of this article, no vested rights are granted, and no special duty of the Town is created as to any owner. This article is enacted to protect the general health, welfare and safety of the public at large.
A. 
Indemnification and hold harmless. Each owner who applies for and accepts a construction permit pursuant to this article shall be deemed to have agreed to defend, indemnify and hold the Town and its elected and appointed officials, officers, employees and agents (indemnified persons) harmless from and against all damages, costs, losses or expenses as follows:
(1) 
Repair, maintenance, restoration: for the repair, replacement, or restoration of Town property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of such owner's acts or omissions; and
(2) 
Claims, demands, suits: from and against any and all claims, demands, suits, causes of action, and judgments for:
(a) 
Damage to or loss of the property of any person, including, but not limited to, such owner, its agents, officers, employees and subcontractors, Town's agents, officers, elected officials, employees, subcontractors and third parties, arising out of, incident to, concerning or resulting from the act or omissions of such owner, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such certificate of registration; and
(b) 
Death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person, including but not limited to the agents, officers and employees of such owner, owner's subcontractors, the Town, and third parties, arising out of, incident to, concerning or resulting from the act or omissions of such owner, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such certificate of registration.
B. 
Insurance.
(1) 
Liability insurance. Each owner who applies for and accepts a construction permit shall purchase and maintain in effect, and shall require its contractors and subcontractors to purchase and maintain in effect, insurance policies in which the Town is named as an additional insured providing comprehensive general liability coverage, property damage liability coverage, automobile liability coverage, and umbrella coverage as follows:
(a) 
Comprehensive general liability insurance to cover liability, bodily injury, and property damage shall be maintained. Coverage shall be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
[1] 
Bodily injury:
[a] 
Each occurrence: $1,000,000.
[b] 
Annual aggregate: $3,000,000.
[2] 
Property damage:
[a] 
Each occurrence: $1,000,000.
[b] 
Annual aggregate: $3,000,000.
[3] 
Personal injury:
[a] 
Annual aggregate: $3,000,000.
[4] 
Completed operations and products liability shall be maintained for two years after the termination of the certificate of registration.
(b) 
Property damage liability insurance shall include coverage for the following hazards:
[1] 
Explosion.
[2] 
Collapse.
[3] 
Underground property damage.
(c) 
Commercial auto liability insurance. Commercial auto liability insurance to cover owned, hired, and nonowned vehicles shall be maintained. Owner may maintain commercial auto liability insurance as part of owner's comprehensive general liability insurance, however, said insurance is subject to approval by the Town Manager. Coverage shall be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
[1] 
Bodily injury:
[a] 
Each occurrence: $1,000,000.
[b] 
Annual aggregate: $3,000,000.
[2] 
Property damage:
[a] 
Each occurrence: $1,000,000.
[b] 
Annual aggregate: $3,000,000.
(d) 
No automatic waivers. The Town Manager's examination of, or failure to request or demand, any evidence of insurance in accordance with the requirements of this article shall not constitute a waiver of any requirement of this section, and the existence of any insurance shall not limit an owner's obligations as stated in this article.