(A) Permit required. Any person, firm or corporation desiring to open or cut into any street, alley or other public way, paved or unpaved, within the limits of the town shall be required to obtain a specific permit for such purposes.
(B) Application. The application (town form) for a permit to open any street, alley or other public way shall be made to the Street Commissioner and the Clerk-Treasurer of the town, who shall have the right and power, subject to the rules of the Town Council, to determine whether or not the opening is necessary or desirable. In the event the opening shall be deemed necessary or desirable, the applicant shall be advised of the manner and size of the opening which may be made and the replacement of both fill and paving shall be made and shall be required to follow such directions. Furthermore, the applicant must satisfy the town that all safety precautions such as the placement of barricades and flashing warning lights will be installed to protect the residents.
(C) Deposit.
(1) A deposit of the higher amount of $25 (minimum) or $5 per square foot of the area of a paved street, alley or other public way or of $2.50 per square foot of any unpaved street, alley or public way shall be paid to the Clerk-Treasurer before the issuance or allowance of such permit.
(2) For public and private utilities and contractors contemplating numerous cuts during a year, an annual permit may be obtained for a fee of $25 together with a performance bond in the amount of $1,000 made payable to the town.
(D) Issuance of a receipt.
(1) The Clerk-Treasurer of the town shall issue a receipt for such deposit with a specially prepared receipt which shall show:
(a) The location of such proposed opening;
(b) The estimated size of the opening;
(c) The condition of the street prior to the opening;
(d) The amount of the deposit or if performance bond is on file;
(e) The approximate length of time it will take the applicant to make the cut, do the repairs and/or construction and to close the cut with materials that are approved by the town; and
(f) The number and location of barricades and warning lights.
(2) Possession of such receipt, properly endorsed by the Street Commissioner and the Clerk- Treasurer of the town, shall constitute a permit to open the street, alley or other public way.
(E) When repair is completed. When repair or replacement is completed to the satisfaction of the Street Department of the town and if the same has been replaced in at least as good condition as before the entering of such way and without undue inconvenience or cost to the town, the deposit shall be placed in the General Fund of the town.
(F) When repair is not completed. If the applicant does not complete the job within the time period stated in the application and on the receipt, then the town may, at its option, have its employees or a competent contractor complete the job and any and all expenses incurred by the town shall be born and paid by the applicant.
(Prior Code, § 5:5:01) (Ord. 1981-1, passed 2-4-1981) Penalty, see § 151.99