§ 158.04  RESPONSIBILITY FOR UTILITY SERVICES.
   (A)   In the event pavement, drainage or other street damage or deficiency is caused by settlement, leakage, rupture, or other action related to the utility, the repairing of such damages will be the sole responsibility of the developer or the utility owner and shall be repaired without cost to the town.
   (B)   A developer shall cause to have installed all water and sewer prior to acceptance of roads or streets by the municipality.
      (1)   All underground utility services under base and paving must be installed prior to placing curb and gutter base and paving, and shall be buried to a depth to insure free use of future equipment without damage to utility services.
      (2)   All utilities not under pavement shall also be buried to a depth to insure free use of equipment in the future without damage to the utility.
      (3)   Location of utility poles.
         (a)   All utility poles will be located a minimum distance of 20 feet from the centerline of minor streets or roads.
         (b)   Higher classifications of streets shall require increased distances as determined by the Director of Transportation.
         (c)   In areas where streets or roads require ditch sections for drainage purposes, utility poles will be installed at sufficient distances from the centerline to insure no interference with the construction or maintenance of the ditches.
   (C)   In the event that future phases of development construction result in damages to underground utility mains or services, the repairing of such damages will be the sole responsibility of the developer and shall be repaired without cost to the municipality.
   (D)   Whenever any entity performing any excavation in a street, alley, or other public place fails to properly refill or maintain the same, in the sole discretion of the town, for a period of two years, the municipality may cause necessary repairs or maintenance to be performed, and the cost thereof shall be charged to the entity or against the performance bond, as provided in § 158.11.
(Ord. 16049, passed 7-27-16)