(A) Obligation to restore disturbed areas. A person or user that conducts excavation or other activities that disturb the public way or planting within the public way or facilities within the public way shall restore the public way to a condition equivalent to that it was in prior to the disturbance. The restoration shall include, but is not limited to, installation of pavement, resurfacing nearby areas, grading other surface areas, restoring below ground areas, planting and landscaping, and repairing improvements and facilities. Restoration shall meet the standards set by the town. The town may also require restoration of areas that have not been disturbed if it is necessary to restore the disturbed areas to a similar functional condition as existed prior to the person’s or user’s work.
(B) Temporary restoration. Where permanent restoration is impractical because of weather or other circumstances, the town may require temporary restoration to be followed by permanent restoration.
(C) Timetable set by town. The town shall determine the time period during which restoration must be accomplished.
(D) Repair of inadequate restoration work. Where restoration work proves to be inadequate over time, as determined in the town’s discretion in consultation with SGWASA as appropriate, the town may require additional restoration. Such additional restoration may be required for a period of one year from the date of completion of the initial restoration work. The person or user responsible for the work necessitating the original restoration shall be responsible for the costs of the additional restoration. The town’s inspection and/or approval of original restoration work does not waive the town’s right to require additional restoration.
(E) Reimbursement to town of costs of restoration. If a user or other person responsible for damage to the public way does not complete required restoration during the period required by the town, the town may complete the restoration. The costs shall be promptly reimbursed by the user or the person directing the original work that required restoration of the public way.
(Ord. passed 5-1-2014)