[Adopted 4-10-1973 (Ch.
15, Art. II, of the 1987 Code)]
No person shall excavate within or under, or place any obstruction
or substruction within, under, upon or over, or interfere with construction,
reconstruction or maintenance of or drainage from, any street or highway
previously accepted by the Town without the written permission of
the Board of Selectmen, and the Board may fill in or close any such
excavation or remove or alter any such obstruction or substruction,
and the expense incurred by the Board in such filling or removing
or altering shall be paid by the person making such excavation or
placing such obstruction or substruction, provided that any excavation,
obstruction or substruction existing within, under or over any such
accepted street or highway on May 1, 1973, or, at the discretion of
the Board of Selectmen, any excavation, obstruction or substruction
made after such date without a permit or in violation of the provisions
of a permit, shall be removed or altered by the person making or maintaining
the same within 30 days from the date when the Board of Selectmen
sends, by registered or certified mail, postage prepaid, a notice
to such person ordering such removal or alteration.
Every person making application for such permission shall file
with the Board of Selectmen a satisfactory bond of a surety company
authorized to transact such business in the state and having an agent
within the limits of the county, in a form and in an amount satisfactory
to the Board of Selectmen. The bond shall be conditioned upon the
applicant substantially and properly performing all work to be done
under the permits issued to him/her or it in a workmanlike manner
and upon his using proper materials; and upon the applicant's
restoring that portion of any street or public place which he/she
has excavated and maintaining the same for a period of one year; and
upon the applicant's reimbursing the Town for any expense for
repairs to such street or public place made necessary by reason of
the excavation.
Any person violating any provision of this article shall be fined in accordance with § 1-6 of this Code.
