(A) Each entity making excavations which are governed by these regulations, shall be responsible for the timely restoration of public right-of-way or easement surfaces, in accordance with the following schedule:
(1) Pavement, driveway, or sidewalk surfaces. Each backfilled trench shall be resurfaced with a temporary patching material, such as cold-mixed asphaltic concrete or other similar material approved by the Town Engineer, within 1 week after the trench has been fully backfilled. The backfilling of trenches shall be accomplished with granular materials (or other materials approved by the Town Engineer), which are compacted by use of vibrating equipment or other methods which the Town Engineer may approve, in layers not exceeding 12 inches in thickness. The permanent resurface of the trenches in pavement or sidewalks shall be accomplished within 6 months of the date of temporary patching, the date to be established by the Town Engineer. It is the intent of these regulations to require that the surface replacement be at least as good as the original surface, and that the new surface not produce any obvious distortions in the surface, either due to texture or unequal elevation. It shall also be continuous with adjacent surfaces and shall not change drainage patterns or amounts from their status prior to excavating the trench. The details of permanent surface restoration shall be in accordance with standards prepared by the Town Engineer and adopted by the Town Council;
(2) Other surfaces. In areas not covered with pavement, driveway, or sidewalk surfaces, the surface shall be restored to a condition at least equal to, or better than, the surface condition prior to excavating the trench. The restoration may require replacement of trees, shrubs, sod, or other plantings; or may require restoration of fences, or may require restoration of gravel, limestone, or slag drives; or protection, removal, replacement and/or restoration of other personal property belonging to adjacent property owners or found in easements. In the case of grassed areas, at a minimum, the top of the trench shall be filled with at least 6 inches of clean, fertile, organic topsoil. If the sod has been improved, the excavator may attempt to replant the existing sod (if adequate precautions are taken to ensure the viability of the original sod), or shall replace the sod with nursery sod, in accordance with town standards and as approved by the Town Engineer. In unimproved areas, the top of the trench shall be treated and shall be seeded with an approved seed mixture. All details of seed bed preparation, fertilizer, lime, and mulching shall be in accordance with town standards. Other plantings which may require replacement, such as trees, shrubs, or bushes, shall be replaced with plant materials which are top quality nursery stock of the same species as those removed, and of a similar size — as nearly as may be commercially available. However, it is the intent of these regulations to require those making excavations to minimize damage to surfaces or adjacent personal property. This is especially true of large trees, and bushes which are irreplaceable for practical purposes. Affected property owners are to be given adequate advance notification of the need to move or relocate personal property which may be in close proximity to the planned work, but the advance notice shall in no way relieve the permittee of the responsibility for any damages to the property which may occur as a result of the excavation; and
(3) Sod/mulch. Sod or mulched seeding shall be installed in accordance with the seasonal limitations in the current standards adopted by the Town Council.
(B) The Town Engineer shall decide all questions which may arise to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise, to the interpretation of the specifications; and all questions as to the acceptable fulfillment of the permit.
(1992 Code, § 7-117) (Ord. 659, § 7-98, passed 8-13-1985)