(A) Driveway cut permits. No person shall construct a driveway connecting to any road, street, or alley in the town without a permit from the Town Manager. No permit for the construction of a driveway onto a street for commercial or residential use, or the habitual use of any other than the owner or occupant of the premises served, shall be issued except after the approval of the plans by the Town Manager and the payment of $250 fee for the permit.
(B) Excavations in streets.
(1) Permit. Any person wishing to make any cut into the pavement or into any other portion of any street, sidewalk, curb, right-of-way, or public place, or to excavate therein, or to excavate beneath the surface for the construction, alteration or repair of any driveway, sewer, sidewalk, or water line or other buried facility, or for the installation of any such work, shall obtain a permit from the Town Manager prior to beginning any such work.
(2) Indemnity. Any person performing any work described in this section and pursuant to a permit from the Town, shall agree to indemnify the town and any other party interested in such work or its performance against all claims, demands, actions, judgments, losses and expenses which may arise from any injuries to any person or damage to any property resulting from such work, or from any conditions created by such work in the street or any public place.
(3) Deposit.
(a) Every applicant for a permit shall post a cash deposit of $200 or a bond in the amount of $2,000 with the Town Clerk-Treasurer, which cash or bond will remain with the town until the completion and acceptance of the work performed.
(b) In the event that a cut in a street runs lengthwise on such street, the applicant wishing to proceed with such work shall be required to post a bond on the basis of $20 per lineal foot; provided however that said bond shall be in an amount of not less than $2,000.
(4) Restoration of surface. Said cash deposit shall be returned and/or the bond cancelled only after the completion of the work and inspection and approval by the Town Manager. Such approval shall be based on the requirement that the public property disturbed be replaced in as good or better condition that was its condition prior to the beginning of said work, and upon the further requirement that the work shall be in conformance with the stated conditions of the work permit. In the event that the public property has not been restored to a condition as good or better than it had existed prior to the beginning of the work, the town may keep sufficient of the cash deposit to perform the necessary repairs or may call upon the bonding company to perform such work.
(5) Public utilities. The following public utilities shall not be required to post bond or other surety pursuant to this section, but such public utilities shall notify the Town Manager prior to making any street or curb cut, and shall meet all other requirements of this section.
(`87 Code, § 7-17) (Ord. 10-1930, passed 10-17-30; Am. Ord. 2014-4A, passed 4-21-14) Penalty, see § 10.99