(A) All property owners desiring the connection of the improvements on their property to the water system of the town shall grant to the town, at no charge, those easements necessary to properly effectuate the water connection desired.
(B) All easements granted to the town shall be subject to the following restrictions and conditions of use.
(1) No person, firm or corporation having charge of property subject to easement in favor of the town shall hereafter construct, build or establish a building upon the property subject to said easement. A BUILDING means a house, commercial building, industrial building or any structure of a size or construction that the moving thereof would cause great inconvenience to any person.
(2) Should the owner of the property subject to an easement in favor of the town construct a building thereon in violation of this code, the town may employ individuals to clear said property and charge the costs of the same to the owner of the property. Nothing contained herein shall obligate the town to compensate the owner of the property subject to the easement for the value of a “building” cleared. The town may take those steps as are required to work in the easement and preserve the improvement, rather than clear the improvements.
(3) No person shall excavate deeper than three feet upon the property subject to the easement in favor of the town without having first obtained a permit therefor as herein required. Such permit shall be issued by the town. Applications for a permit to excavate upon property subject to easement in favor of the town shall be made in writing to the town and shall state thereon specifically the size of the space intended to be excavated and the purpose for the excavation.
(4) No person shall plant any trees or shrubbery upon the property subject to the easement in favor of the town without having secured a permit therefor. Applications for such permit shall be made to the town. All trees and shrubs so planted shall be placed subject to the direction and approval of the town. No boulders, benches or fences shall be built or maintained upon the property subject to the easement unless approved by the town.
(5) In the event any improvements are constructed within the boundaries of the easement and these create any additional costs to the town because it must incur additional expenses to repair, install or replace its water system, the property owner shall be charged all additional costs incurred.
(Prior Code, § 17-2-3) Penalty, see § 10.99