ORDINANCE 4 -25 An Ordinance Providing For the Regulation of Street Cuts in the Town Of Orestes Sec. I — Compliance Required. It shall be unlawful for any person to do, to cause, or permit, any digging, cutting or excavating into or upon any street, alley, tree lawn or public place, or into or through any pavement thereon in the Town of Orestes, except in compliance with this ordinance. The term person includes any individual, association, corporation or other business entity of any kind. Sec. 2 — Permit for Excavation — Role of Clerk-Treasurer. a. No excavation shall be made into any street, alley, tree lawn or public place, or into or through any pavement thereon, until an opening permit therefor shall be granted by the Clerk-Treasurer of the Town of Orestes. b. The permit shall define the nature of the work to be done. Several openings may be grouped upon a single permit, without additional fee, if the several openings are within the same lineal block and are to be made within sixty (60) days of the first opening, and if determined by the Clerk-Treasurer to be made for a single job function. The maximum length of time for completion of all work as required under this ordinance shall be as detennined by the Clerk-Treasurer or designee. c. A permit for grouped openings will not be a permit for blocking of streets and alleys for the entire sixty-day period. Sec. 3 — Excavation Application and Fee. a. Any person desiring to make such opening or excavation shall file with the Clerk- Treasurer of the Town of Orestes an application for the same which shall definitely state the location(s) of the proposed opening(s) and the purpose thereofl b. The application shall require a description of the nature of the work to be done, together with a fee of fifty dollars Sec. 4 Method and Safety of Excavation. a. All excavations in public streets, alleys, tree lawns or public places shall be made under the supervision of the Town Council President, or designee, of the Town of Orestes. b. All excavations shall be excavated with a minimum inconvenience to public travel. c. The crossing of gutter and other waterway shall be left in a condition to afford proper storm drainage. d. All material rennoved from an excavation shall be immediately removed from the site if not to be re-used as fill, and material to be re-used as fill shall be laid in a neat pile adjacent and parallel to extending not more than eight (8) feet to the street from the curb without scattering. e. Red lights, flares or other warning devices, shall be kept about the excavated area from sunset to sunrise, at all unfinished work and sufficient barricades to prevent accidents shall be placed around the excavation at all times. f. Trenches or excavations six (6) feet or more in depth made in shifting or water bearing soils, and trenches and excavations made in the immediate vicinity of the masonry of buildings shall be sheathed and braced. Sec. 5 — Restoration of Excavation. a. All openings shall be closed immediately after completion of the work for which the opening is made, and openings must be compacted as filled. b. Tree lawns shall be filled with soil, top soil and either re-sodded or re-seeded and all other openings shall be back filled with clean pitrun gravel and equal quality material, except that all street and alley openings having improved services must be sealed with cold patch blacktop. c. Openings not to be so sealed are to be returned to the condition existing prior to opening. Sec. 6 Maintenance Requirements — Fees. a. All street and alley openings are to be maintained by the person opening the same for a period of one year after closing, or in the alternative, the permittee may authorize the Town of Orestes to maintain the back fill at a cost of three dollars ($3.00) per square foot of opening surface. b. If, during the maintenance period, it becomes necessary for the Town of Orestes to take corrective action with respect to the fill, then the maintenance fee will be assessed. c. The applicant shall also post a maintenance bond in such amount as determined by the Town and show proof thereof, for the one year maintenance period mentioned above. Sec. 7 — Final Repair of Street and Alley Openings. The Town of Orestes will make all final repairs to improved streets and alleys after the maintenance period. Such repairs may be made with Town personnel, or the Town may contract for such repair except that no such contract shall exceed in cost the charge received for the repair. Sec. 8 — Schedule of Permit Fees-Waivers. a. Each application for permit filed hereunder shall be accompanied by a cash deposit in the amount of five hundred dollars ($500.00). b. The Clerk-Treasurer shall be authorized to waive the cash deposit required herein in the event the permit applicant is a public utility serving the Town of Orestes on a regular and continuous basis, and where such waiver may be given without prejudice to the best interest of the Town. Sec. 9 — Liability of Permit Holder. a. A permit holder shall be liable for, and by acceptance of a permit hereunder, agrees to pay all damages, costs, expenses and attorney's fees that may be assessed to the Town by the negligence or the acts or omissions of such person, firm, partnership or corporation through failure to comply with the provisions of this Article. b. The permit holder agrees and promises to indemnify and save halmless the Town against any loss to property or person occasioned by said excavation or repairs to such street or alley and the work undertaken as a result of the issuance of such permit. Sec. 10 — Right to Permit. a. Any person, firm, partnership or corporation that shall file a proper application and shall comply with the provisions of this ordinance shall be entitled to have a permit issued by the Clerk-Trcasure. b. Such person, firm partnership or corporation may under such permit proceed to perform the work required and authorized by such pernnit, provided however, that a permit shall not be granted for any unnecessary work nor shall a permit be granted for larger or more excavations than shall be necessary for the work to be performed. Sec. 11 — Penalties. Any person, firm, partnership or corporation violating any of the provisions of this ordinance shall be fined in any sum not more than one hundred dollars ($ 100.00) with each day in which such excavation is made and such pavement removed, constituting a separate offense under this ordinance. SO ORDAINED this 23 day of December, 2025. BY /s/Tony Morris, President /s/ Gail Atwood, Member /s/ Catherine Currier, Member ATTEST: /s/ Kathryn Lawhorn, Clerk/Treasurer 1/2, 1/9/26  #11950704               hspaxlp