Art. I. Generally 7-1 - 7-30

Art. II. Street, Sidewalks and Public Places 7-31 - 7-38

ARTICLE I. GENERALLY

Sec. 7-1. Permit - Required.
It shall be unlawful for any person to excavate or remove any sand, soil or earth from the surface of any land within the corporate limits of the Town for the purpose of gift, sale, offsite fill or other construction usage unless such person shall first have procured from the Town Council, or their designee, a permit for such purpose.

Sec. 7-2. Same - Application.
Any person desiring to remove any sand, soil or earth within the corporate limits of the Town shall make application to the Town Council, or their designees, such application to include a drawing showing the location and elevation to which the proposed excavation will be made in relationship to the elevation of adjoining streets, highways, if any, and/or adjoining improved streets and highways within any reasonable distance, then the Town Engineer shall determine the elevation below which no excavation shall be made.

Sec. 7-3. Same - Fee.
Upon the approval of the application for a permit, the applicant shall pay the sum of fifty dollars ($50.00) per permit for each parcel of land to be excavated to the Clerk-Treasurer.

Sec. 7-4. Same - Indemnity bond.
Upon arrival of the application for a permit required by this chapter the applicant shall give bond with surety to be approved by the Town Council, the form thereof to be approved by the Town Attorney, to be conditioned that the person removing sand, soil or earth shall conform with the ordinances, specifications, rules, regulations, and conditions prescribed by the Town Council, or their designee, and shall protect and save harmless the Town from any and all liability, damages and expenses which such Town may sustain by reason of granting of such permit.

Sec. 7-5. Same - Restrictions on issuance.
No permit shall be issued for the removal of any such soil, sand or earth, which shall be unduly detrimental to the adjoining or surrounding properties or shall be unduly detrimental to the safety, health or general welfare of the public.

Sec. 7-6. Same - Issuance.
Upon compliance with sections 7-1 through 7-5 of this chapter and the obtaining of all approvals provided therein, the permit required by section 7-1 of this chapter shall be issued, and the licensee named in said license may, thereafter, conduct removal operations as per the terms of said license and all applicable ordinances, rules, regulations and conditions prescribed as a condition precedent to issuance thereof.

Sec. 7-7. Restoration of surface.
Upon completion of the operation for which a permit required by the chapter is granted or when the permit therefore has expired, by the passage of time or otherwise, permittee shall, within the time fixed by the Town Council or its designee, cause such land to be restored to existing grade or grade fixed by the Town Engineer in absence of existing grade. Such excavation shall be filled with dirt or such other material as shall be approved by the Council.

Sec. 7-8. Performance bond.
Where the application for permit indicates that removal of material will be below existing grade level, or below grade fixed by the Town Engineer in the absence of existing grades, or below water table leaving an excavation, then, and in that event, the applicant shall in addition to the indemnity bond required in section 7-4 of this chapter, furnish a performance bond conditioned upon restoring the land to its former grade or to a grade approved by the Town Engineer, and such amount to be fixed by the Council, which shall not be less than the estimated cost of refilling the excavation and bringing the land back to the original grade based upon the maximum amount of sand or other material anticipated to be removed as set forth in the application for permit. Such performance bond shall further provide that as a condition thereof the permittee shall conform to the ordinances of the Town and any and all regulations and conditions prescribed by the Town Council, or its designee.

Sec. 7-9. Precautions to be taken to prevent scattering of dirt, etc.
All persons shall make reasonable provisions to prevent sand, dirt or other loose earth from blowing or spilling over and upon the premises of others or upon any public way during any excavation operation or while any sand, dirt or loose earth is being transported from the site.

Sec. 7-10. Exemption from chapter.
The provisions of this chapter other than section 7-11 shall not apply to work necessary for the erection or alteration of a building or structure pursuant to a valid building permit issued by the Building Commissioner, provided that such person shall diligently and without unnecessary or unreasonable delay prosecute such improvement work to completion.

Sec. 7-11. Notification to owners and protection of adjacent property.
Whenever there shall be any excavation hereafter started upon any lot or piece of land and there shall be a building or buildings on an adjoining lot standing upon or near the boundary of such lot the person making such excavations shall notify the owner or agent of such building thereof in writing at least ten (10) days before commencing such excavation except in cases where the Building Commissioner declares an emergency to exist, then such Building Commissioner shall have the right to name the length of time of notice to adjoining property owners or agents. Any person who shall excavate to a greater depth than ten (10) feet below sidewalk grade in front of same shall at his own cost and charge save and protect the owners of adjoining property and adjoining sidewalk from injury or damage resulting from such excavations. In case the excavation is ten (10) feet or less below the sidewalk in front of same, the owner or owners of adjoining property shall protect, underpin or make perfectly stable his or their property, at their own cost and expense.   Permission to enter adjoining property in order that work may be done must be granted by adjoining property owners provided they shall be indemnified for any injury done to said property.

Secs. 7-12 - 7-30. Reserved.

ARTICLE II. STREETS, SIDEWALKS AND PUBLIC PLACES

Sec. 7-31.   Permit - Required.
It shall be unlawful for any person to excavate in any of the streets, alleys or public grounds of the Town without first obtaining a permit as provided in this article.           

Sec. 7-32 . Same - Application; determination of cost of restoration.
Any person desiring to make any opening in any of the streets, alleys, or public grounds of the Town's, or to excavate therein, shall file an application in triplicate, provided by the Town, with the Clerk-Treasurer. Such application shall include plans and specifications and shall be filed fifteen (15) days in advance of the proposed date of excavation so that the Town Engineer may review the plans and inspect the proposed site. The Town Engineer shall determine the cost that would be required to fill and/or repave the excavation if such should become necessary.

Sec. 7-33 . Same - Bond, insurance requirements.

      1. Town Engineer's estimate of costs associated with the filling and/or repaving the excavation is less than one thousand dollars ($1,000.00).

      2. The costs associated with the necessary filling and/or repaving is included in a bond that may be required by other ordinances of the Town such as those involving the construction of sanitary sewers, storm sewers, water mains, streets, curb and gutters, and sidewalks, etc.

          Such bond, if required, shall be used to complete the work should the permit holder fail to do so and to pay for any damages occasioned by his failure to perform.

C.  Bond and liability insurance requirements shall remain in full force and effect for a period of one (1) year after such work is completed.

Sec. 7-34. Same - Notification of Street Commissioner and Engineer; issuance.
Upon the filing of the application for a permit, as provided in this article, the Clerk-Treasurer shall notify the Street Commissioner and Town Engineer of such fact, and if such application is satisfactory and such bond and liability insurance is sufficient as to form and surety, the Street Commissioner and Town Engineer shall approve the application and the Clerk-Treaurer shall issue to such applicant a permit to do the work set forth in the application.

Sec. 7-35 . Same - Fee.
At the time of filing an application for a permit, as provided for in the article, the applicant shall pay to the Clerk-Treasurer an application fee in the amount of fifty dollars ($50.00) for a street cut permit and thirty-five dollars ($35.00) for any necessary sidewalk cuts that may be made, as set forth in the form provided by the Town, which fees shall become a part of the street fund of the Town.

Sec. 7-36. Time limit on openings; extension of time; approval of Street Commissioner or Engineer prerequisite to resurfacing.
No opening in any street, alley or public grounds of the Town shall remain open for a period of greater than ten (10) consecutive days. The Street Commissioner may grant an extension of time if for good and sufficient reasons. The applicant shall resurface no area until he has obtained approval of the Street Commissioner or the Town Engineer.

Sec. 7-37. Barriers and lights.
Any person who makes any excavation or trench within any street, alley or sidewalk, shall erect and maintain, at the place of such excavation, trench, obstruction or hindrance, sufficient guards and barriers to protect all persons using the street, alley or sidewalk. All guards and barriers shall conform to standards found in the most current edition of the Manual on Uniform Traffic Control Devices.

Sec. 7-38. Removal of guards.
It shall be unlawful for any person to take down or remove any barrier, signal or light placed by any builder, contractor or any other person, at or near any trench or excavation, for the purpose of giving notice or warning of such obstruction.