(A) No person shall excavate in, fill, cut or change the grade of or cause any excavation, fill, cut or change of grade to be made of any highway or street maintained by the town without first having obtained a permit so to do from the Selectmen of the town.
(B) No permit to excavate, fill, cut or change the grade of any such highway or street shall be granted to any person until he or she shall have filed with the Selectmen a surety bond in an amount equal to the cost, as estimated by the Selectmen, of the restoration of any such highway or street to as good a condition as it was before such excavation, fill, cut or change of grade, with the same surface material and that he or she will comply with the plan of the work to be done, as filed with and approved by the Selectmen, and also that such person shall have given the Selectmen satisfactory evidence of insurance protecting both the town and the permittee against personal injuries and property damage in an amount to be determined by the Selectmen depending upon the location, amount of traffic, estimated length of time the work will require, type of material to be excavated or cut and any other conditions which might affect the risk involved.
(C) As used herein highway or street shall include any portion of the entire width of the right-of-way, including the traveled portion, the shoulders of any unimproved or undeveloped portion of the highway or street.
(D) This section shall not apply to work being done by or on behalf of the town.
(Ord. passed 1-28-1965) Penalty, see § 97.99
Editor’s note:
TM Volume 9, page 94