(A)   It shall be unlawful for any person, firm, or corporation to cut, dig, or excavate under or in any part of any right-of-way, street, or alley, within the corporate limits of the town (except for the purpose of making installations therein under contract with the town), without first filing with the Clerk-Treasurer a written application for a permit to make and repair the cut or excavation.
      (1)    The application must be filed at least three days in advance of the time of beginning the work to be done under the permit, except that when an emergency exists, the applicant may secure the permit in less than the three days by stating in his or her application the exact emergency.
      (2)   All permits shall be submitted to and be approved by the Street Superintendent prior to being filed with the Clerk-Treasurer. The application shall particularly describe the exact location, kind, dimension by feet and inches, the type of road surface to be cut or excavated, the nature of the opening to be made, and the exact purpose of the proposed work.
   (B)   Any person, firm, or corporation applying for and receiving a permit shall be subject to the following terms and conditions.
      (1)   All applicants must pay a $10 permit and inspection fee at the time the permit is issued.
      (2)   All applicants, upon proper application and issuance of a permit, shall make all repairs with their own forces at their own expense.
      (3)   Repairs are to be made within three days.
      (4)   Repairs in paved surfaces shall be back-filled with #8 or #9 stone to within eight inches of the existing surface. The remaining is to be eight inches of 4,000 PSI concrete. The repair will be one foot beyond the vertical side of excavation and be a square or rectangle.
      (5)   Repairs in an unimproved street, alley or right-of-way shall be back-filled with #8 or #9 stone to existing grade.
      (6)   All excavated material will be removed from the excavation site by the contractor and disposed of at his or her expense.
      (7)   No additional charge will be made for conduits pushed under the surface.
      (8)   All applicants agree as a part of the work to:
         (a)   Erect and maintain all necessary barricades, detour signs, warning signals, and lights by night required to direct traffic safely over or around the place where the work is being done so long as the work in any way interferes with traffic, in accordance with the State Manual on Uniform Traffic Control Devices;
         (b)   Take all responsibility for any injury or damage resulting to persons or property because of the work;
         (c)   Display conspicuously at the site of the street opening the name and address of the person, firm, or corporation to whom the permit has been issued so long as the hole is open or barricades are in place, and to give notice to the Street Superintendent prior to, but on the same day and each day that excavations are being opened in the rights-of-way.
   (C)   Any and all work performed within the street or alley right-of-way in connection with excavations, such as forcing pipe under pavement, trenches between the curb and sidewalk, or excavating trenches outside the paved macadam, or in the oiled or graveled surfaces of a street or alley, are covered by this subchapter and shall require a permit.
(2011 Code, § 91.01) (Ord. 1984-1, passed 4-17-1984; Ord. 84-1, passed 8-18-1997) Penalty, see § 91.99