[Adopted 7-5-1978]
For the purpose of this ordinance, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Any person making written application to the City Engineer
for an excavation permit hereunder.
Any sand, gravel, noncorrosive soil or other material as
specified on the excavation permit which is used to refill any opening
made by the permittee in the street, sidewalk or terrace.
Includes any street, highway or other public thoroughfare
within the city limits, except sidewalks.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
That area of city property lying adjacent to the street between
the curb and the sidewalk, or any such area of comparable dimensions
in the absence of any curb or sidewalk.
Any excavation made upon the terrace, as hereinbefore defined.
A.
An application for street opening as provided for in § 81-1 shall be accompanied by a fee, to be deposited by the applicant with the City Treasurer in the following sums:
B.
Any portion of said deposit which exceeds the cost
of replacement shall be refunded by the city upon completion of the
repaving work as provided hereafter. In the event that the cost of
replacement exceeds the deposit, the person named in the application
for such permit shall be liable to the city for the payment of such
additional sum. No permit as herein provided shall be granted to any
applicant who has failed previously thereto to pay such additional
sum when due.
No backfilling of any excavation by a permittee
herein shall take place except in the presence of the Superintendent
of Public Works or his authorized representative according to the
following specifications:
A.
The permittee shall backfill the excavation up to
an elevation of one foot above the pipe or other facility in the excavation
in a manner acceptable to the agency or department of the city having
jurisdiction over the work done on said pipe or facility.
B.
The remainder of the excavation shall be backfilled
with such materials as shall be specified on the permit and shall
be compacted as required by the Superintendent of Public Works or
his authorized representative.
C.
The permittee shall backfill excavations in pavement
areas to within six inches below the pavement surface and shall backfill
excavations in sidewalk areas to within four inches below the sidewalk
surface, unless otherwise directed by the Superintendent of Public
Works or his authorized representative.
D.
Any pavement cut shall have the existing pavement
removed by the permittee from within that area which lies one foot
beyond the perimeter of the excavation.
[Amended 10-4-2016]
The permittee shall be responsible for the restoration or replacement
of all pavement and sidewalk surfaces to the satisfaction of the Superintendent
of Public Works. Such restoration must be completed within 10 days
of the completion of the permitted work.
The permittee shall top all excavations within
the terrace areas with a minimum of four inches of topsoil and shall
seed with grass seed. The permittee shall be responsible for restoration
and one-year maintenance of terrace cuts and will be charged for such
work in the event that the city must assume such work.
A.
The permittee shall be responsible for all barricading,
lighting and other safety measures on or about the excavation site
for the protection of the public until such time as backfilling and
any necessary terrace restoration has been satisfactorily completed
in a manner acceptable to the Superintendent of Public Works or his
authorized representative and until the Department of Public Works
has placed any protective devices necessary thereafter.
B.
In the event of any suit or claim against the city
by reason of the negligence or default of the permittee, the permittee
shall hold the city harmless and indemnify fully, and any final judgment
against the city shall be conclusive upon the permittee.
Contractors engaged in construction or reconstruction
work under contract with the city shall not be governed by the provisions
of this ordinance unless so specified in their contracts with the
city.