§ 90.09 EXCAVATIONS.
   (A)   Except as otherwise provided in this section, no person may dig in or excavate any street or sidewalk within the town without having obtained a written permit from the Administrator.
   (B)   Any person who receives a permit in accordance with this section shall be responsible for putting the street or sidewalk where any excavation is made in as good condition as it was prior to the excavation.
   (C)   Before granting a permit pursuant to this section, the Administrator shall determine that the applicant has made arrangements to comply with division (B) above, and if the town is to do the necessary repair work, the permit shall not be issued until the applicant makes a deposit equal to the estimated costs of repair.
   (D)   This section shall not apply to any utility to the extent that the same subject matter is covered in a franchise ordinance applicable to that utility.
   (E)   Nor shall this section apply to any excavation made in a state-maintained street to the extent that the state has given its permission for an excavation to be made, except that the person making the excavation shall still be responsible for notifying the Administrator of the intended excavation 48 hours before the work begins.
(1981 Code, § 7-12) Penalty, see § 90.99