(A) Any person who shall make an application for the permit referred to in § 94.02 shall pay to the Clerk-Treasurer upon making application the sum of $35 as an application fee, and this sum shall be used by the town for the future repair and maintenance of its streets and alleys.
(B) The permit applied for shall be referred for action to the Street Superintendent, who is hereby empowered to make a reasonable determination whether 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 manner and nature of replacement of both fill and paving and shall be required to follow such directions.
(C) A deposit of the higher amount of $25 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 said permit. 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) (1) The Clerk-Treasurer of the town shall issue a receipt for such deposit, which receipt 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 the existence of a previously filed $1,000 performance bond.
(2) Possession of such a receipt properly endorsed by the Street Superintendent of the town shall constitute a permit to open the street.
(E) When repair or replacement is completed to the satisfaction of the Street Superintendent of the town and if the same has been replaced in at least as good condition as before the opening of such way, and without undue inconvenience or cost to the town, the deposit shall be returned to the applicant.
(F) In the event that repair or replacement is unsatisfactory, the Street Superintendent may order the applicant to take such action as is necessary to make satisfactory repair or replacement; in the alternative, or in the event of the inability of the applicant to make satisfactory repair or replacement, the Street Superintendent, acting for the town, may make such repair or replacement and deduct the reasonable costs of such repair or replacement from the bond on deposit with the Clerk-Treasurer; the balance, if any, of such deposit shall thereafter be returned to the applicant.
('84 Code, § 94.03) (Ord. 5-26-87, passed 5-26-87)