In the event it is necessary for the town to replace the surface, as provided in § 92.16, the Town Director of Planning Services shall, after deducting the actual cost of relaying or repairing of the pavement, return the excess of the deposit required by § 92.15, if any, to the person depositing the same; provided, however, that at any time within two years after the permittee, the Town Director of Planning Services, or its authorized agents, have replaced the pavement, it becomes necessary to relay the same because of settlement of the backfilling, the person having made such opening or excavation shall reimburse the town for any additional expense incurred in making the repair permanent, and this expense shall include the cost of excavating the trench or cut and refilling and tamping the same.
(Ord. 06-11, passed 6-26-2006)