§ 94.42 EXCAVATIONS.
   (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.