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A. No excavation shall be permitted in a newly paved, resurfaced or sealed public street for the following period following completion of such paving, resurfacing or sealing:

1. Construction or reconstruction of a structural section, four years.

2. Surfacing, resurfacing or sealing of an existing structural section, two years.

B. In the event of an emergency, the above periods may be waived by the Town Engineer.

C. Any person who causes excavation in violation of subsection A of this Section shall be subject to a base fee per excavation plus a fee per lineal foot of pavement replacement. The base fee per excavation and fee per lineal foot of pavement replacement described in this subsection shall be in such amounts as approved by the Council by resolution or as part of the Town’s annual budget. (13-02, Amended, 04/18/2013)