It shall be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the governing body therefor. Before any person shall obtain a permit, he or she shall inform the Municipal Clerk of the place where such cutting is to be done and it shall be the Utilities Superintendent’s duty to inspect the place of entry into the paving, sidewalk or curb before the same is cut. When cutting into any paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the governing body or the Utilities Superintendent who shall supervise and inspect the materials used and the work done in closing the opening. It shall be discretionary with the governing body to order the Utilities Superintendent to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit. The governing body may consent to the work of cutting and closing the paving to be done by the party holding such permit. Before any permit is issued by the governing body, the applicant for such permit shall deposit with the Municipal Treasurer a sum set by resolution of the governing body for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the municipality for the purpose of replacing the paving, curb or sidewalk in the event the work is done by the municipality. In the event the municipality elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the Utilities Superintendent. In addition to making the deposit above set forth, the applicant shall, before any permit is issued, execute a bond to the municipality with a good and sufficient surety or sureties to be approved by the governing body in a sum set by resolution of the governing body.
(1995 Code, § 8-401) Penalty, see § 10.99