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CURBS, STREETS, DRIVEWAYS AND EXCAVATIONS
(A) Except as otherwise provided in this section, no person may install any curbing or pave any sidewalk or street within the town without having obtained a written permit from the Planning and Zoning Director.
(B) Before granting a permit pursuant to this section, the Planning and Zoning Director shall determine that the installation and paving shall be made in accordance with the town specifications.
(A) Except as otherwise provided in this section, no person may open, construct, alter or relocate any driveway across any public sidewalk or into any street, or cut any curb for such purpose without having obtained a written permit from the Planning and Zoning Director.
(B) Any person who receives a permit under this section shall be responsible for repairing any damage to the sidewalk or street (including curb and gutter) caused by the driveway construction.
(C) The Planning and Zoning Director shall review the driveway construction and design plans and shall issue the permit unless he or she finds the driveway, if constructed as proposed, will substantially interfere with or pose a danger to persons using the street or sidewalk intersected by the driveway, or public facilities (including utility poles, traffic signal standards and the like), or will fail to comply with the specifications of the town or any of the provisions of this section.
(D) No driveway may be constructed closer than three feet to a fire hydrant or catch basin or closer than 20 feet to the right-of-way line of a street that intersects with the street the driveway opens onto.
(E) No driveway may be constructed closer than two and one-half feet to a property line at the point where the property line intersects with the right-of-way line of a street that the driveway opens onto.
(F) If the driveway crosses a drainage ditch on a lot that abuts a street without curb or gutter, then piping of sufficient size and strength (as approved by the Planning and Zoning Director) shall be installed beneath the driveway surface so that the drainage capability of the drainage ditch is not materially impaired.
(G) If the driveway crosses a drainage swale on a lot that abuts a street without curb or gutter, the driveway may conform to the contours of the drainage swale without compliance with division (F) above (Planning and Zoning Director) so long as the drainage capability of the drainage swale is not materially impaired.
(H) Any person paving a private driveway that intersects with or opens onto a public street shall make the pavement of the driveway connect with and conform to the street and sidewalk cross sections in accordance with the specifications of the Planning and Zoning Director.
(A) Except as otherwise provided in this section, no person may dig in or excavate any street or sidewalk within the town without having obtained a written permit from the Planning and Zoning Director.
(B) Any person who receives a permit in accordance with this section shall be responsible for putting the street or sidewalk where any excavation is made in as good condition as it was prior to the excavation.
(C) Before granting a permit pursuant to this section, the Planning and Zoning Director shall determine that the applicant has made arrangements to comply with division (B) above. The town may authorize the applicant to do the necessary repair work or have it done, but in all cases repairs shall be made in accordance with the town specifications and at the expense of the applicant.
(D) (1) In the event that excavation repair work is performed by or under the direction of the applicant, the person shall fill the excavation and tamp the earth of the fill every six inches, to the surface of the street or sidewalk.
(2) If the excavation or fill should thereafter sink or recess below the surface of the street or sidewalk excavated, and the town should thereby be required to perform additional repair work, the work shall be done at the expense of and be charged to the applicant.
Any person obtaining a permit authorized by §§ 94.40, 94.41 and 94.42 of this chapter agrees as a condition of the permit to indemnify the town for and hold the town harmless from any expense (including, but not limited to, attorney’s fees, litigation costs and judgments) incurred as a result of claims made for damages arising out of operation conducted by the permit recipient pursuant to the permit.
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