[R.O. 2010 §§535.060, 535.230(D); C.O. 1948 c.
7 §§2-1 — 2-4; CC 1970 §§28-6, 28-23; Ord. No. 876 §1, 1-13-1950; Ord. No. 1245 §1, 5-24-1961]
As used in this Article, the following terms shall have these
prescribed meanings:
For the purposes of this Article, shall be considered to
be that portion set aside for a thoroughfare over which pedestrians,
private or public vehicles may pass inclusive of walk or grassed area
between walk and paving and between walk and private property, whether
public or private, and consisting of a combination of road and utility
easements.
As used in this Article, is more particularly described as
and is intended to refer to the following types of construction done
on any public street or easement:
Street construction, driveway construction (that part of
the driveway which is located on public property); breaking of any
street curb; construction of sidewalks (whole or in part); construction
of any retaining wall; construction of any fence or setting of any
posts of any type or construction; grading on public or private property
where public street is used or crossed; construction of any storm
or sanitary sewers located in any public street or easement; relocation
of any storm or sanitary sewer; connection with any storm or sanitary
sewer; or any type of work of any kind whatsoever done on any street
or easement.
[R.O. 2010 §535.240; CC 1970 §28-24; Ord. No. 1245 §2, 5-24-1961]
Every person before making any excavation or construction for
any purpose whatsoever in the streets or drives, alleys or other public
places in the City, shall procure from the City a permit, which permit
shall only be granted when in the opinion of the City the excavation
requested is necessary. Each separate and distinct excavation shall
require a permit. Such application shall describe the work to be done
and the size and location of any proposed excavation.
[R.O. 2010 §535.250; CC 1970 §28-25; Ord. No. 1245 §3, 5-24-1961; Ord. No. B06-04 §1, 5-17-2004]
A.
A permit
under this Article shall be issued by the City Administrator upon
receipt of:
1.
A written request.
2.
A fee of fifty dollars ($50.00) paid to the City General Revenue
Fund.
3.
A deposit of one thousand dollars ($1,000.00) for each separate and
distinct excavation.
4.
Proof of adequate insurance and protection to the City against all
claims for damages arising from the prosecution of the work.
B.
In
lieu of a deposit by cash or cashier's check, the person making the
excavation may post a surety bond or escrow agreement, to be approved
by the City, which bond or escrow agreement will ensure to the City
that the backfill and resurfacing provided for in this Article will
be completed by the person making the excavation by the completion
date as set forth on the permit. If the backfilling and resurfacing
are not completed within the specified completion date, the City may
use the deposit bond of this escrow agreement or any necessary portion
thereof to complete the backfilling and resurfacing. The provisions
of this Section do not apply to the Metropolitan Sewer District.
[R.O. 2010 §535.260; CC 1970 §28-26; Ord. No. 1245 §4, 5-24-1961]
The deposit, less inspection fee, shall be refunded to the one
making the same after the completion of the backfilling on such excavation
and notice to City of the same and no sooner than sixty (60) days
or more than six (6) months from such time, at the discretion of the
City Administrator; provided, that the excavation has been properly
refilled and resurfaced; otherwise, the City Administrator is hereby
authorized to declare the deposit forfeited in full to the City and
to use the same or so much thereof as necessary to refill and resurface
the excavation and restore the street or drive, alley, walk or grassed
area to its former condition.
[R.O. 2010 §535.270; CC 1970 §28-27; Ord. No. 1245 §5, 5-24-1961]
A.
The
work considered in this Article shall be carried out in such a manner
as to result in:
[R.O. 2010 §535.280; CC 1970 §28-28; Ord. No. 1245 §5, 5-24-1961]
Open cut excavations in streets or drives, alleys or other public
places in the City shall be carried out at such time and the person
shall conduct his/her entire construction operation in a manner that
will result in a minimum of interference to traffic flow at all times.
When crossings of streets or drives are to be made in open cut, a
construction schedule shall be submitted to the City Administrator
for his/her approval before commencing any of the work. Such schedule
shall describe in detail the method of operation, the time limit of
each operation, proposed detours for traffic and expected time of
completion.
[R.O. 2010 §535.290; CC 1970 §28-29; Ord. No. 1245 §5, 5-24-1961]
During the progress of the work, the person making the excavation
shall maintain suitable barricades and warning lights for the safety
of the public, as required by law or as ordered by the City, and shall
take all necessary precautions to prevent accidents.
[R.O. 2010 §535.300; CC 1970 §28-30; Ord. No. 1245 §5, 5-24-1961]
In order to minimize the extent of damage to wearing surfaces,
base course and shoulder area, the width of the excavation shall be
kept to a minimum, the width of sewer trenches shall not under any
circumstances exceed the allowable payline width as set forth by the
Metropolitan Sewer District, and sheathing and bracing shall be used
as necessary on any excavation to keep the sides of the trench vertical.
Adequate provisions for proper drainage of the area surrounding the
work shall be made.
[R.O. 2010 §535.310; CC 1970 §28-31; Ord. No. 1245 §5, 5-24-1961]
A.
In
making excavations in any street or public place, the excavated material
from the trench shall be placed where it will cause the least possible
inconvenience to the public. Excavations made in or under the paved
areas of the street, paved driveways, sidewalks and paved shoulder
areas shall be backfilled with granular material and excavated materials
in these areas shall be removed from the site of the work as the excavation
is made and no such materials shall be allowed to accumulate on the
site.
B.
After
the pipe or conduit has been properly placed, backfill to a depth
of one (1) foot above the extrados, as required by the Metropolitan
Sewer District, shall be made.
C.
In
all areas which do not require granular backfill, job excavated material
may be used. It shall be free from debris, organic matter, perishable
compressible materials and shall contain no rock or lumps or stone
fragments larger than four (4) inches, nor be in such amount that
will interfere with the consolidation properties of the fill material.
Care shall be taken that stones, rocks or lumps shall be kept separated.
Such fill shall be placed in layers not to exceed six (6) inches in
depth and each layer shall be compacted with mechanical tampers.
D.
Granular
backfill shall consist of molder's sand which is free from excessive
amounts of consolidated masses, and unwashed river sand. Granular
backfill shall be free from wood, paper, cans, ashes or other weak
and unstable, perishable materials and from such quantities of clay
or loam, either finely divided or in lumps, as will interfere with
free flowing and compacting properties of the composite fill.
E.
Other
types of granular backfill material may be used only upon approval
of the material by the City, samples having been furnished, and the
City may reject this or any type of granular backfill during the process
of the work if in the opinion of the City, it is not of such quality
to be acceptable.
F.
Pea
gravel or similar granular materials approximately uniform in size
and without bonding properties, shall not be used.
G.
Granular
backfill consisting of unwashed river sand or spent molder's sand
shall be consolidated by inundation with water, using flooding and
poling, jetting and immersion type vibrators, or by any other method
which achieves thorough compaction, however should thorough compaction
not be achieved, then consolidation by inundation with water shall
be required.
H.
If
granular backfill material other than sand or spent molder's sand
is used, it shall be placed in the trench in layers not more than
twelve (12) inches in thickness, before compaction, and thoroughly
compacted with suitable mechanical tampers.
[R.O. 2010 §535.320; CC 1970 §28-32; Ord. No. 1245 §5, 5-24-1961]
A.
All
paving for streets, shoulders, alleys, driveways, sidewalks, etc.,
either removed or damaged by the excavator in his/her operations,
shall be replaced in a condition at least equal to its original state.
This replacement shall include the replacement of all base courses,
curb and other incidental items. Asphalt type pavements shall be replaced
with a macadam base course, a minimum thickness of seven (7) inches
after thorough compaction and covered with a minimum thickness of
two (2) inches, of an approved bituminous type surface material (surface
material shall conform in kind to that existing) finished off and
compacted level and flush with the existing paving. Cement concrete
pavements shall be replaced with a concrete (Class A) slab of the
thickness of that removed, but in no case less than six (6) inches,
finished off level and flush with surrounding existing pavements.
B.
In
grassed areas the sod shall be removed in such manner that after backfilling
is accomplished, the top six (6) inches being good, clean dirt, it
may be replaced, watered and rolled in such a manner as to give, as
near as practicable, an undisturbed appearance.
