(a) No excavation permit shall be granted unless it appears to the satisfaction of the working foreman that the excavation is necessary for the health, safety or welfare of the person upon whose behalf the excavation is to be made; and the connection of property to a water, sewer or gas main shall be deemed sufficient under this subsection.
(b) No excavation permit shall be granted until the applicant therefor, or someone on his behalf, has made a cash deposit or given bond to the Town in such amount as may be deemed by the working foreman sufficient to cover the cost of safeguards, disposal of excavated dirt, etc., and restoration of the surface of the place of excavation to as good condition as it was prior to the making of the excavation. Each such bond shall be payable to the Town, shall have corporate surety, shall be approved by the Town attorney and shall be conditioned that the work be diligently and skillfully prosecuted, subject to foreseeable circumstances beyond control of the person doing the work, that all necessary safeguards be maintained, that all excavated materials not required for refill be disposed of as provided in this article, that the surface of the place of excavation and not less than ten feet in all directions from the outer perimeter thereof be placed in as good condition as it was immediately prior to the commencement of the work and to the reasonable satisfaction of the working foreman, that all requirements of this article be complied with and that any defective work which appears within five years from the day of acceptance of such restoration by the working foreman shall be subject to repair by the Town at the expense of the permit holder.