(A) Permit.
(1) It shall be unlawful for any person to cut, dig, or excavate in any part of any street or alley right-of-way within the town, except for the purpose of making installations therein under contract with the town, without first filing with the Town Superintendent a written application for a permit to make such a cut or excavation at least three days in advance of the time of beginning the work to be done under such permit; except, that when an emergency exists, the applicant may secure such permit in less than such three- day period by stating in his application the exact emergency. All permits shall be submitted to and be approved by the Town Superintendent prior to being filed with the Clerk-Treasurer. Such application shall particularly describe the exact location, kind, dimension by feet and inches, the type of road surface to be cut or excavated, the nature of the opening to be made, and the exact purpose of the proposed work.
(2) All applicants must pay a $10 permit and inspection fee at the time the permit is filed. The permit shall be valid for 90 days after approval is given by the Town Superintendent.
(3) Any and all work performed within the street or alley right-of-way in connection with such excavation, such as forcing pipe under pavement, trenches between the curb and sidewalks, or trenches outside the paved macadam, oiled, or graveled surfaces of a street or alley, are covered by this subchapter and shall require a permit.
('83 Code, Title 6, §3.5(a))
(B) The approval of a permit to cut into a street or alley does not authorize entry into a public sewer or drain, or prejudice the town's right to require the removal or relocations of structures, wire, pipes, or appurtenances installed in connection with such permit. ('83 Code, Title 6, §3.5(e))
(Ord. 15-1967, passed 9-21-77) Penalty, see §96.99