§ 96.053  COMPLETION OF WORK; RESTORATION; CLEAN-UP.
   (A)   After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.
   (B)   The following regulations apply to the completion and finishing of work.
      (1)   Backfilling; notice to Superintendent. Notice must be given to the Town Superintendent at least ten hours before the work of refilling any excavation or tunnel commences. Fine material, free from lumps and stone, selected from the spoil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the sub-grade of the pavement in lifts consistent with the type of soil involved and the degree of consolidation specified by the Town Council. Broken pavement, large stones, roots and other debris shall not be used in the backfill. The number and size of each lift shall be dependent upon the type of soil involved. Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation unless otherwise specified. The Town Superintendent may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his or her opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such test must show that the backfill material meets the minimum requirement as prescribed by the Town Council. All expense of such tests shall be borne by the permittee.
      (2)   Restoration of surface. Any person making any excavation or tunnel in or under any public street, alley, easement, right-of-way or other public place in the town shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel of excavation shall be left in the ground. Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances of the town and under the supervision of the Town Superintendent; however, the permittee shall not be required to repair pavement damage existing prior to excavation unless his or her cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.
      (3)   Clean-up of work area. As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Town Superintendent. From time to time, as may be ordered by the Town Superintendent and in any event immediately after completion of said work, the permittee shall, at his or her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the Town Superintendent, paid work may be done by the Town Superintendent and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
(1984 Code, § 5-1-4)  (Ord. 494, passed 2-17-1976)