(a) No excavation permit shall be granted unless it appears to the satisfaction of Clerk’s office that the excavation is necessary for a lawful purpose. The connection of property to a water, sewer, gas main shall be deemed sufficient under this subsection.
(b) No excavation permit shall be granted until the applicant therefore, or someone on his behalf, has made a cash deposit or given bond to the Town in such an amount as may be deemed by the Clerk’s office sufficient to cover the costs of safeguards, disposal of excavated dirt, etc., and restoration of the surface of the place of excavation in as good a condition as it was prior to the making of the excavation. Each such bond shall be made payable to the Town, shall have corporate surety, shall be approved as to form and legality by the Town Attorney, and shall be conditioned upon the work being diligently and skillfully prosecuted, that all necessary safe guards be maintained, that all necessary safe guards be maintained, that all excavated materials not required for refill be disposed of as provided by law, that the surface of the place of excavation and not less than ten (10) feet in all directions from the outer parameter therefore, be placed in as good a condition as it was immediately prior to the commencement of the work and to the reasonable satisfaction of the Town, that all requirements of this article be complied with, and that any defective work which appears within five (5) years from the date of acceptance of restoration by the Town shall be subject to repair by the Town at the expense of the permit holder.
(Ord. 92-12. Passed 6-21-99.)