[Adopted 2-28-1984 by Ord. No. 895 as
Art. I of Ch. 290 of the 1984 Code]
Hereafter no person shall excavate or disturb
the surface of any public street, sidewalk or curb within the city
for the purpose of installing utilities or any other purpose, without
first obtaining a permit from the City Clerk.
The Clerk shall furnish applications for permits
and, upon receipt of an application properly completed, shall issue,
upon payment to the City Treasurer of the fees as hereafter set forth,
a permit, provided that the Clerk shall not issue any permit without
said application having been first approved by the City Engineer.
The application shall contain the following information:
A.
The name and address of the owner or agent in charge
of the property abutting the proposed work area.
B.
The name and address of the party doing the work.
C.
The location of the work area.
D.
Attached plans showing details of the proposed alteration.
E.
The estimated cost of the alterations.
F.
Such other information as the City Engineer shall
find reasonably necessary to the determination of whether a permit
should issue hereunder.
[Amended 7-27-1999 by Ord. No. 1125]
Fees for required permits shall be as indicated in Chapter 133, Fees.
The City Clerk may require that an applicant
file, as a condition to receiving a permit under this article, a bond
to guarantee to the city that the excavation and repair of the road
shall be done in accordance with the requirements set forth herein.
Said bond shall provide that, in the event that it is necessary for
the city to complete the restoration of the street, curb or sidewalk,
the cost thereof shall be deducted from said bond, or said cost may
be recovered from the permittee.
The applicant shall indemnify the city against
any and all claims for damages or injury to other persons by reason
of such excavations.
Every person making or causing to be made any
excavation as hereinbefore set forth shall perform the work in accordance
with the following standards:
A.
The work shall be performed according to the standard
specifications of the city for public work of like character, which
standards are equal to the standard specifications of the Michigan
State Highway Department.
B.
The operation will not unreasonably interfere with
vehicular and pedestrian traffic nor the means of egress to and from
the property affected and adjacent properties.
C.
The health, welfare and safety of the public will
not be unreasonably impaired.
D.
The roadway shall be restored to like or better condition
than it was prior to the excavation and shall be properly attended
to until such time as all settling has occurred.
All operations for which a permit is granted
hereunder shall be under the direction and supervision of the City
Engineer.
A.
Where the use, convenience and necessity of the public
requires, the City Engineer shall have the authority to order the
owners or agents in charge of property adjacent to which curb cuts
are maintained to alter the curb cut in such manner as he or she shall
find reasonably necessary under the circumstances.
