The following requirements are established under the purview of these regulations.
A. 
No person shall make any excavation in any public way or place without first obtaining a permit granted for the specific work issued by the Director; except as otherwise provided in these rules.
(1) 
Filing application. An application for permit must be filed with the Department's Engineering Division at least five days (Saturdays, Sundays and holidays excluded) prior to any planned excavation. Standard application forms for this permit may be secured from the Engineering Division. Each application form shall be completely filled in, signed, and mailed or delivered to the Engineering Division, Town Hall, 367 Main Street, Third Floor, Hyannis, MA 02601. The applicant shall provide an explanation of the proposed work on the application and a dimensioned sketch or diagram either in the space provided on the application or on a separate sheet attached to the application. The sketch/diagram shall show the location of the work to be done in relation to the outstanding features of the road such as property lines, intersections, pavement lines, sidewalks, trees drainage structures, and utility poles (by number) and shall also show the nature and extent of the work proposed. The completed application form shall contain the Dig-Safe Identification Number that is issued by that agency upon notification of proposed activity. (It shall be noted that water, sewer and cable TV substructure locations must be arranged for separately.)
(2) 
Disclosure of methods and materials. The applicant will be required to disclose the methods and materials proposed to be used on unusual or complex projects. In the event the permittee discovers that additional work or repairs not identified in the original permit must be performed at the same location, the permittee must apply to the Department for a permit amendment to authorize the additional work.
(3) 
Requirement for plans and specifications. When applications are made for permits involving work of major scope, they must include duplicate sets of complete plans and specifications. The plans shall be detailed so that the exact location of various parts of the work clearly indicates the risk of injury to road users, and the possibility of damage to trees, road structures, and private property may be readily determined.
B. 
When it appears that the work proposed in an application does not conform to Town regulations and standards or may cause substantial or needless damage to a road, or create excessive disturbance to traffic, or create exceptionally dangerous conditions not commensurate with the benefits to the applicant or Town the requested permit will be denied. The applicant shall be informed of such rejection and the reasons for the decision.
C. 
The Director may refuse to issue a permit to any applicant when, in the Department's opinion, work performed under a previous permit issued to the applicant was not properly executed, or when said applicant has failed to reimburse the Town for recoverable charges billed under terms governing the previous permit.
Nothing in these regulations shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property, or for making emergency repairs, provided that the utility or person making the excavation applies to the Town for such a permit on the first working day after such work in commenced. The application shall contain a written statement of the conditions which necessitated the work. Contractors performing emergency work must have a certificate of insurance on file with the Department prior to performing any work within public places. If, in the judgment of the Director, traffic conditions, the safety or inconvenience of the traveling public, or other public interest require that the excavation be performed in the most expeditious manner, the Director shall have full power to require that an adequately sized crew of men and equipment be employed by the permittee so that the excavation work will be completed in a safe manner and the shortest possible time.
A. 
A permit shall be issued for a period not exceeding one year. If the permitted project has not begun within one year a new permit must be applied for. A permit will only be issued after:
(1) 
Completion of all aspects of the application for the permit.
(2) 
Receipt of surety and proof of insurance in the required amounts.
(3) 
Payment of fees as then required by the fee schedule approved by the Town Manager.
(4) 
Payment for permanent repair costs, if applicable.
B. 
A permit must be signed by the Director, or his designee, before it becomes valid. Approved permits will be issued within five working days after completion of the requirements of Subsection A(1), (2), (3) and (4) above. The permittee is prohibited from performing any portion of the work until the above-mentioned items have been complied with and the permittee has provided the Engineering Division with written notice, at least 24 hours in advance, prior to commencement of the actual work. The permittee shall notify the Engineering Division in writing of the completion of the project within two days following its completion.
The applicant shall agree as a condition governing the issuance of a permit that he/she will hold harmless the Town, the Town Manager, the Director, and/or his agents from any and all claims and actions whatsoever arising, from the exercising of said permit.
A. 
Upon receipt of written notification of the completion of a project as required in § 404-8, the Director will have the site inspected and if it is agreed that all aspects of the project are indeed complete, a certificate of completion will be issued the permittee stating that the project has been completed in accordance with the requirements of the permit.
B. 
If the project does not meet all criteria specified in the permit regarding the completeness of the project, a notice will be issued to the permittee outlining those things that still need to be done in order to complete the project.
Any permit issued by the Town under this regulation is revocable immediately upon written notification to the permittee. Written notification shall be considered to have been given when it has been mailed by certified mail to the address provided on the permit application or hand delivered to the permittee, contractor or subcontractor and shall be effective as of the date of mailing or hand delivery.