It is unlawful for any person to make any tunnel, opening, boring, excavation of any kind in or under the surface of a public way, or occupy/use the public way for any other purpose than for travel or other permitted uses, without first securing a permit from the town for each separate undertaking; provided, that any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed without a permit when emergency circumstances demand the work be done immediately and the permit cannot reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the town offices are open for business. All permit applications are subject to approval and conditions by public works. If the application is denied the applicant may appeal the decision, as set forth in section 8-1-41 of this chapter. (Ord. 7(2006) § 2: Ord. 43(1978) § 2: Ord. 7(1971) § 2(A))