§ 97.01 GENERAL.
   (A)   Without obtaining a right-of-way permit from the Town, it is unlawful for any person to:
      (1)   Construct infrastructure such as, but not limited to, sidewalk, boardwalk, curbs, gutters, and street paving within any street.
      (2)   Dig up, break, excavate, tunnel, undermine, or in any manner break up any street, or to make or cause to be made any excavation in or under the surface of any street for any purpose.
      (3)   Place, deposit, or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, or
      (4)   Move an existing house, building, or structure on or over any street for the purposes of construction, excavation, tunneling, or storage of materials or for activities which would facilitate such.
   (B)   No dig periods. No right-of-way permit shall be issued starting November 1 through April 15 of each calendar year, except by special permission of the Town. The April 15 date may be extended or shortened at the election of the Town Council.
   (C)   All right-of-way excavation work shall comply with Town specifications
   (D)   Unless otherwise approved by the Town, fiber communications facilities, gas facilities and electric facilities shall be buried as per subject utility specifications and drawings.
   (E)   The provisions of this article shall not be applicable to any excavation work under the direction of Town authorities, by employees of the Town or by any contractor of the Town performing work for and on behalf of the Town necessitating openings or excavations in streets.
   (F)   The provisions of this article shall be applicable to all persons operating public utilities in the Town under franchises granted by the Town and having the right, either by general or special permission, to enter upon streets and open and excavate pavements, sidewalks or disturb the surface thereof by excavation or other work, and such persons shall be required to apply for a permit and to comply with all other provisions of this article.
(Ord. 2022-08, passed 6-15-2022)