[HISTORY: Adopted by the Board of Selectmen of the Town of East Hampton 4-22-1986 (Ord. No. 5.01). Amendments noted where applicable.]
The term "permit area," as used in this chapter, shall mean the area within the right-of-way of any Town street or road.
The Superintendent of Public Works may adopt from time to time such rules, regulations and specifications for the conduct of work incidental to the excavation of streets and sidewalks as he may deem for the best interest of the Town. The violation of any such rule or regulation shall be a violation of this chapter.
No person shall make any excavation in or dig below the surface of any street or sidewalk in the Town unless he has obtained a permit to do so issued by the Superintendent of Public Works. A separate permit shall be required for each excavation.
Whenever the exigencies of public health or safety require that work be done within a permit area, and the procurement of a permit is impracticable, it shall be lawful for the work to be commenced without a permit; provided, however, an application is made for such permit on the business day next following the commencement of work. No commencement of work under this section shall relieve the person doing such work of the duty of full compliance with this chapter.
Before a permit is issued, a written application, on a form furnished for that purpose, shall be filed with the Superintendent of Public Works setting forth:
The name and address of the applicant,
The proposed work to be done,
The time and place the proposed work is to be done;
A drawing or plan of the work to be done, which drawing or plan shall be sufficiently detailed to show with specificity the work to be done, to the satisfaction of the Superintendent of Public Works;
Acknowledgement of a copy of this chapter and all rules and regulations issued hereunder; and
Such other information as the Superintendent may require.
Editor's Note: The Application for a road opening permit is available in the Town offices.
Upon filing the application, each applicant shall pay to the Town a nonrefundable permit application fee for each excavation within a permit area in an amount as set from time to time by the Town Council. In addition, each applicant shall pay to the Town, for openings or excavations in a paved surface, repairing and inspection fees in an amount as set from time to time by the Town Council.
No permit shall be valid unless the work specified therein shall be commenced within a period of 15 days from the date of issuance, but a renewal thereof may be obtained without additional charge by filing a statement containing the reason for the delay.
The Superintendent of Public Works shall require such permittee to file a surety bond, public liability policy, or other form of security satisfactory to the Superintendent of Public Works in a sum sufficient to indemnify the Town for any liability incurred by it as a result of the exercise of such permit.
All work under this chapter shall proceed uninterrupted to the completion thereof, and such openings or excavations shall be immediately backfilled, in accordance with the rules and regulations adopted by the Superintendent of Public Works.
Permanent paving shall be constructed by the contractor within 60 days after installation of temporary paving. If, within one year, defects shall appear as a result of improper backfilling by the applicant, the applicant shall reimburse the Town for the cost of necessary repairs.
All construction done on underground conduits, pipe lines and structures shall conform as nearly as is practicable to the plans and specifications filed with and approved by the Superintendent of Public Works, and shall be done under the supervision and to the satisfaction of the Superintendent of Public Works.
It shall be the duty of every person who makes any excavation in or digs below the surface of any street or sidewalk to protect the public against injury therefrom by providing fences or barriers and warning lights and taking any other precautions that may be necessary or that the Superintendent of Public Works may order.
The Superintendent may waive the required fee in any case wherein the excavation to be done is to be done by or on behalf of any Town agency or the Water Pollution Control Authority. Notwithstanding the above, only the Public Works Department of the Town of East Hampton shall be exempt from the other provisions of this chapter.
Nothing contained herein shall be construed to relieve the applicant/permittee of obtaining any required approval or permission of any other person, utility company, or state or local government agency for the excavation intended.
For each occurrence, event or incident constituting a violation of any provision of this chapter, the person so violating shall be liable to pay the sum of $75 as a civil penalty, and each day of a continuing violation shall constitute a separate violation. In addition thereto, the Town may seek injunctive relief to restrain or enjoin any continuing violation. In the event that the Town prevails in any action to collect civil penalties and/or obtain injunctive relief, the Town shall be further entitled to collect its reasonable attorneys' fees from the defendant(s). Nothing contained in this chapter shall be construed to relieve any person from civil liability to any other person for death, or injury to person or property by reason of malfeasance, misfeasance or nonfeasance.