When the Municipality shall improve or pave any Street, the
Manager first shall give notice to all persons owning property abutting
on the Street about to be paved or improved, and to all Public Utility
Companies and authorities operating in the Municipality and all such
persons, Public Utility Companies and authorities shall make all connections
as well as any repairs thereto which would necessitate excavation
of the Street, within 30 days from the giving of such notice. The
time shall be extended if permission is requested in writing and approved
by the Manager after consultation with the Municipal Engineer.
Upon Opening Newly-Improved Street. No permit shall be issued
by the Manager which would allow an excavation or opening in a paved
and improved Street surface less than five years old unless the Applicant
can demonstrate clearly that public health or safety require that
the proposed work be permitted or unless an Emergency condition exists.
If, by special action of the Manager, a permit is issued to
open any paved and improved Street surface less than five years old,
a penalty charge shall be made for the opening, except that the penalty
shall be waived in the event the work is of an Emergency nature. The
penalty charge shall be on a sliding scale and shall be equal to 2%
of the cost of restoring the opening for each unelapsed month or fraction
thereof of the five year restricted period. Said penalty may be waived
by action of the Commission.
