Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction or tunnel placed in the excavation or the encroachment for which a permit is issued, interferes with the future surface use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the commissioner such tank, pole, pipe, cable, conduit, duct, tunnel or obstruction. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement.
(Ord. 6 § 16 (part), 1983)