It shall be the responsibility of each person granted authorization to encroach upon a public way to:
(A) Ensure that any excavation, construction or other work done by them or on their behalf in the relevant public way is performed consistent with the town's specifications and other requirements for construction activities, including those relating to restoration.
(B) Restore land, utility lines, other improvements, ground cover, and landscaping disturbed by excavation and construction in the public way to the standards specified by the town.
(1) Where permanent restoration is temporarily impractical because of weather or other circumstances, temporary restoration may be required.
(2) Restoration shall be accomplished within the time approved by the Administrator.
(3) If restoration work proves to be inadequate over time, as determined in the sole, reasonable discretion of the Administrator, the encroacher shall perform such additional restoration work as the Administrator may direct.
(4) Inspection and approval by the Administrator immediately after installation does not constitute a waiver of the town's rights to determine that the restoration work is not adequate over time and must be remedied.
(C) If requested due to a need for the town or its contractors to complete any work in a public way, temporarily or permanently remove or relocate their items located below or above the public way.
(D) Otherwise comply with the terms of their encroachment permit or agreement or the encroachment provisions in their franchise agreement, and all applicable laws, ordinances, resolutions, rules, regulations and other directives of the town and any federal, state or local governmental authority having jurisdiction over the person's activities in or near such public way.
(Ord. passed 9-17-2019)