(A) As a part of the written application, the applicant shall have on file in the office of the Clerk-Treasurer an approved undertaking and surety bond as follows.
(1) Any cut, dig, or excavation which will be or is 60 feet or less in length, as measured from one end of the opening to the other, shall require an undertaking and surety bond in the amount of $2,000 wherein the applicant agrees as follows:
(a) To pay reasonable repair charges should he or she fail to do so for any reason; and
(b) To guarantee the repairs were done in accordance with this chapter for a period of one year.
(2) Any cut, dig, or excavation which will be or is more than 60 feet in length, as measured from one end of the opening to the other, shall require an undertaking and surety bond in an amount reasonably calculated to cover the repairs and be approved by the Town Council. The bond shall cover a two-year period and shall guarantee the repairs to perform satisfactorily for a period of one year, and shall be and shall remain in effect for a period of one year after the date of the last repairs.
(B) In lieu of the bond required in divisions (A)(1) and (A)(2) above, any person, firm, or corporation, upon application to and approval by the Town Council, may post and keep in effect a performance bond in an amount of not less than $2,000, but equal to the estimated cost of repairs to be made by the person, firm, or corporation for the calendar year beginning at the time of the application. The performance bond shall cover a two-year period and shall guarantee the repairs to perform satisfactorily for a period of one year, and shall be and shall remain in effect for a period of one year after date of last repairs. Upon approval of the application, the Council shall issue to the applicant a written permit to make street repairs for a period not to exceed 12 calendar months. This permit shall not exempt the permittee from any of the requirements of this subchapter except the bond required in this section.
(C) The Street Superintendent may waive the requirement of filing the appropriate bond with the application for a permit upon determining that an emergency exists. This waiver shall not relieve the applicant from the responsibility of filing the appropriate bond as soon as reasonably possible after issuance of a permit on an emergency basis.
(2011 Code, § 91.02) (Ord. 1984-1, passed 4-17-1984; Ord. 84-1, passed 8-18-1997)