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(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.
Notwithstanding any other provision of this chapter, the Planning and Zoning Director may require that, before a permit is issued under §§ 94.40, 94.41 and 94.42 of this chapter, the applicant or the person performing the work provide proof that he or she has in effect with an insurance company licensed by the Insurance Commissioner of the state public liability and property damage insurance in amounts determined by the Planning and Zoning Director to be adequate to provide reasonable protection to persons and property, given the nature and location of the work proposed.