A.
The
permittee shall restore the surface of all streets, broken into or
damaged as a result of the excavation work under this chapter, to
its original condition in accordance with the specifications of the
town. The permittee may be required to place a temporary surface over
openings made in paved traffic lanes. Except when the pavement is
to be replaced before the opening of the cut to traffic, the fill
above the bottom of the paving slab shall be made with suitable material
well tamped into place and this fill shall be topped with a minimum
of at least one inch (1") of bituminous mixture which is suitable
to maintain the opening in good condition until permanent restoration
can be made. The crown of the temporary restoration shall not exceed
one inch (1") above the adjoining pavement. The permittee shall exercise
special care in making such temporary restorations and must maintain
such restorations in safe traveling condition until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the town. If in the judgment of the town
it is not expedient to replace the pavement over any cut or excavation
made in the street upon completion of the work allowed under such
permit by reason of the looseness of the earth or weather conditions,
he may direct the permittee to lay a temporary pavement of wood, or
other suitable material designated by him, over such cut or excavation
to remain until such time as the repair of the original pavement may
be properly made.
B.
Permanent
restoration of the street shall be made by the permittee in strict
accordance with the specifications prescribed by the town to restore
the street to its original and proper condition, or as near as may
be.
C.
Acceptance
of approval of any excavation work by the town shall not prevent the
town from asserting a claim against the permittee and his surety under
the surety bond required by this chapter for incomplete or defective
work, if discovered within twenty-four (24) months from the completion
of the excavation work. The town’s presence during the performance
of any excavation work shall not relieve the permittee of his responsibilities
under this chapter.
(1981 Code, sec. 18-101; Ordinance 97-51, sec. 1, adopted 1997)
If the permittee shall have failed to restore the surface of
the street to its original and proper condition upon the expiration
of the time fixed by a permit issued under this chapter, or shall
otherwise have failed to complete the excavation work covered by such
permit, the town, if it deems it advisable, shall have the right to
do all work and things necessary to restore the street and to complete
the excavation work. The permittee shall be liable for the actual
cost thereof together with an additional twenty-five percent (25%)
of such cost for general overhead and administrative expenses. The
town shall have a cause of action for all fees, expenses and amounts
paid out, and due it, for such work. The town shall apply, use or
deduct, in payment of any such amount due it, any funds of the permittee
deposited pursuant to this chapter, and the town shall also enforce
its rights under the permittee’s surety bond provided pursuant
to this chapter.
(1981 Code, sec. 18-102; Ordinance 97-51, sec. 1, adopted 1997)
It shall be the duty of a permittee to guarantee and maintain
the site of the excavation work in the same condition it was prior
to the excavation for two (2) years after restoring it to its original
condition.
(1981 Code, sec. 18-103; Ordinance 97-51, sec. 1, 1997)
