[Adopted 6-8-1970 as Sec. 16-3 of the Revised General Ordinances]
Whenever the Town Council enacts an ordinance or resolution
providing for the paving or repaving of any street or sidewalk, the
municipal Clerk shall promptly mail a written notice thereof to each
person owning sewers, mains, conduits, or other utilities, in or under
said street or sidewalk or owning any real property, whether improved
or unimproved, abutting said street or sidewalk. Such notice shall
notify such persons that any application for an excavation permit
for openings, cuts or excavations for work to be done in or under
said street or sidewalk prior to such paving or repaving shall be
submitted promptly in order that the work covered by such excavation
permit may be completed not later than 45 days from the date of enactment
of such ordinance or resolution. The municipal Clerk shall also promptly
mail copies of such notice to occupants of all houses, buildings and
other structures abutting said street or sidewalk and to any governmental
agencies or departments or other persons who may desire to perform
excavation work in said street or sidewalk.
Within said 45 days, every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to the provisions of Article IV, Article, V and Article VI of this chapter, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event any owner, person, agency or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency or utility or their successors in interest, to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless in the judgment of the Town Manager, an emergency exists which makes it absolutely essential that the excavation be permitted.
Every Town department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street or sidewalk is directed to take appropriate measures to
perform such excavation work within said forty-five-day period so
as to avoid the necessity of making any openings, cuts or excavations
in the new pavement in the Town's streets or sidewalks during said
five-year period.
