(1) No person shall install or maintain a backflow prevention assembly upon or within any town right-of-way except as provided in this section.

(2) The town reserves the right to have an assembly installed in the right-of-way.

(3) A backflow prevention assembly required by the town may be installed upon or within any town right-of-way only if the owner proves to the town that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The town retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

(4) All permits required by the town code to perform work in the right-of-way shall be obtained.

(5) The assembly shall be installed below or flush with the surrounding grade except when it is not practicable to install it in this manner. Any assembly or portion of an assembly which extends aboveground shall be located no closer than 18 inches to the face of the curb.

(6) A property owner shall, at the request of the town and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any town right-of-way, when such relocation is necessary for street or utility construction or repairs for purposes of public safety.

(7) A person commits an offense if he/she fails to relocate a backflow prevention assembly located in or upon any town right-of-way after receiving a written order from the town to do so. (Ord. 550 § 2, 2012)