[Adopted 4-16-1984 by Ord. No. 84-002]
Unless the context specifically indicates otherwise,
as used in this article, the following terms shall have the meanings
indicated:
Any sanitary or storm sewer, main, pipe, catch basin, lawn
sprinkler or any other structure used for the accumulation or transportation
of either water or natural gas located within any public place.
The erection of a structure and its maintenance, operation,
use and renovation.
Any overhead or underground cable or wire for the transmission
of electrical energy, telephone service or cable television service,
including service connections, and any pole or structure supporting
or protecting said cable or wire, and other appurtenant devices used
in connection therewith.
Any appliance, electrical conduit or other similar items.
Any individual, joint-stock company, partnership, voluntary
association, society, club, firm, company, corporation, business trust,
organization, public utility or any other group acting as a unit,
or any employee of any such group.
Any street, boulevard, avenue, alley, lane, sidewalk, park,
square, cemetery, utility easement dedicated to public use, or other
place commonly open to the public.
No person shall construct any improvement or
cause any excavation for any other purpose in any public place located
in the City without having first obtained a permit issued by the Department
of Engineering.
A.
Any person desiring a permit required by § 625-24 shall file an application with the Department of Engineering upon forms furnished by the Department. Forms shall be approved by the City Council by resolution. All applicants shall attach to the application detailed plans and specifications showing the nature, object and exact location of the work site for which such permit is desired. The approximate time at which the work is to be performed and completed shall also be included.
B.
Such permit shall be subject to the following:
(1)
The individual in charge of the work shall have a
copy of the permit, together with approved plans or sketches, in his
or her possession on the job at all times.
(2)
The contractor shall provide and place sheeting, shoring
and/or bracing as necessary to prevent caving, loss or settlement
of foundation material supporting the pavement or any other street
structure or appurtenance. The contractor shall assume full responsibility
for this protection and shall not proceed without prior method approval
by the City Engineer. Care shall be taken to not locate equipment
or stack materials in such a way as to cause a vision obstruction
or interfere with the flow of traffic.
(3)
All streets, driveways and trees shall be bored unless
specific permission is granted by the City Engineer. Bore pits are
to be five feet on either side of trees and at least three feet from
driveways or curbs. When the pipe is installed by tunneling, all remaining
voids shall be filled by an approved method. When the pipe is installed
by boring and jacking, the leading edge of pipe must always precede
the auger.
(4)
Excavation from beneath pavement or curbs, or excavation
within the area under the influence of the curb, shall be backfilled
with "K-Krete" or equal, with a minimum compressive strength of 50
psi in 28 days and a maximum compressive strength of 100 psi in 28
days. Controlled density backfill shall be placed to within six inches
of the bottom of the pavement. From that point to the bottom of the
pavement, six inches of MDOT 21A aggregate compacted to 100% standard
proctor shall be placed. Excavations falling under sidewalks or driveways
shall be backfilled with approved granular material compacted to 95%
of maximum density as per current MDOT specifications. Excavations
not otherwise specified shall be backfilled with clean excavated material
(excluding rock) compacted to a similar density as the adjacent ground.
The cost of any repairs attributable to backfill settlement within
one year after acceptance of the work will be chargeable to the applicant.
For purposes of this section, the term "under the influence of the
curb" means that ground below an imaginary line extended from the
corner of the curb nearest the excavation and having a slope of one-foot
drop per one-foot travel.
(5)
Concrete pavements shall be replaced with concrete
flush with the surface and having a thickness equal to the existing
pavement. Concrete patches shall be secured to existing concrete pavements
(including concrete overlaid with asphalt) through the use of hook
bolts at twelve-inch spacing. All other pavement shall be replaced
in like kind and thickness as existing pavement, except that in no
case shall such replacement be less than three inches of bituminous
concrete on eight inches of compacted 21A stone base. Edges of pavement
cuts shall be saw cut to one foot back from the edge of the trench
just prior to patching. All pavement patches will be adequately plated
to allow use by traffic.
(6)
Driveways shall be replaced in like kind and thickness.
(7)
Underground utilities shall be installed with not
less than 30 inches of cover.
(8)
No work within the street right-of-way will be permitted
on Saturdays, Sundays or holidays without the express permission of
the City Engineer, excluding emergency repair work.
(9)
All disturbed areas of vegetation shall be restored
with a minimum of three inches of topsoil smoothly graded, seeded,
fertilized and mulched in accordance with current City specifications.
(10)
Restoration and cleanup work shall be carried
on concurrently with other items of work and completed in a timely
manner. Excessive delay in undertaking and completing restoration
will not be permitted. All restoration shall result in a condition
that is equal to or better than that which existed prior to the start
of construction.
(11)
The names, home telephone numbers and business
telephone numbers of three representatives of the permit applicant
who can be contacted in the event of an emergency shall be provided
to the City.
(12)
Express permission of the City Engineer, the
Building Official or the Director of Public Services, as applicable,
must be given prior to the use of any City-owned property as a construction
yard.
(13)
The Engineering Department will be notified
one week in advance of the dates of street closures by the permit
holder and will be responsible for providing updated closure information
to the Department of Public Services, the Police and Fire Departments,
newspapers, schools and bus service.
(14)
In the event of an emergency outside of normal
working hours, the emergency numbers listed on the permit are to be
called. If corrective action is not immediately taken, the Department
of Public Services will take what corrective action is deemed necessary.
The next working day the Department of Public Services is to notify
the Engineering Department of its action, and the Engineering Department
will then revoke the permit until the situation is corrected. If the
violation is by a contractor employed by the City, the Engineering
Department will issue to him or her a stop-work order until the situation
is corrected.
(15)
The contractor shall conform to all applicable
construction signing procedures as described in the Michigan Manual
of Uniform Traffic Control Devices, current edition, Part VI.
C.
After the plans and specifications are approved by
the Department of Engineering, the permit shall be issued in accordance
with the application filed.
D.
If the plans and specifications are rejected, the
City Engineer shall provide a concise statement of the reasons to
the applicant.
The City Council shall, by resolution, fix and
determine the fees and charges incidental to any permit issued under
this article. No permit shall be issued as herein provided unless
all fees previously incurred by the applicant are paid to the Clerk/Treasurer
and a receipt therefor is obtained.
A.
No person, including those who are granted permits under § 625-25, shall injure any public place or improvement, nor shall any person disturb or interfere with any public or private appliance or any electrical conduit now in position or hereafter laid or constructed by any authorized person.
B.
All persons authorized under this article shall fully
indemnify and save harmless the City from any and all claims and damages
which may:
(1)
Occur out of the construction of, existence of or
manner of guarding any appliances, electrical conduits or any apparatus
connected therewith;
(2)
Arise out of the grantee's or his or her agent's negligence;
or
(3)
Otherwise arise from the use or possession of any
of the rights and privileges granted under this article.
C.
The applicant may, at the option of the Department
of Engineering, file with the Clerk/Treasurer a bond of not less than
$5,000, and/or commensurate with the size of the project, to guarantee
the faithful performance of the conditions of the permit. The bond
shall have as a surety a corporation licensed to do business in the
State of Michigan as a surety company. All bonds shall be submitted
to the City Attorney for approval as to form.
D.
In addition to the bond referred to in Subsection C hereof, the applicant shall furnish proof of owner's and contractor's public liability and property damage insurance coverage, naming the City as an additional insured, for the term of the permit, for $1,000,000 personal injury and $500,000 property damage for operations covered by the permit.
A.
A person shall give written notice to the Department
of Engineering at least three full working days, excluding Saturdays,
Sundays and holidays, but not more than 21 calendar days, prior to
the commencement of operations covered by this article. Notice to
"Miss Dig" shall be deemed to be notice to the Department of Engineering.
B.
The person shall comply with all provisions of Act
53 of the Public Acts of 1974, as amended, being MCLA §§ 460.701
to 460.718, by notification to "Miss Dig" in writing or by telephone
call at least 72 hours before excavating.
[Amended 9-3-1991 by Ord. No. 91-023]
C.
Where it is required by another ordinance, the person
shall obtain either a City building permit or plumbing permit, or
both. If the project requires any other permits or licenses issued
by a governmental entity or agency, the applicant shall also procure
them. Any permit required hereunder shall be in addition to any permit
required by Act 212 of the Public Acts of 1980, as amended.[1]
[1]
Editor's Note: See MCLA § 223.19b.
D.
All persons receiving permits under this article shall
comply with all other City ordinances, especially those adopting building,
plumbing and fire codes, as well as all applicable requirements of
the City's standard specifications and supplemental specifications
provided in the permit.
E.
Nothing in this article or in any permit issued under
it shall be construed to grant any rights whatsoever to any public
or private utilities, except the consent specifically given herein,
or to impair any rights currently existing under Article VII of the
Michigan Constitution of 1963, or state statutes.
F.
A person who received a permit under this article
shall promptly pay the Clerk/Treasurer for any inspection costs incurred
as a result of activities covered by said permit. The fee for inspections
shall be determined by the Department of Engineering and approved
by the City Council by resolution.
H.
It shall be the duty of every person cutting or making
an excavation in or upon any public place, to place and maintain appropriate
barriers and warning devices necessary for the safety of the general
public. These barriers and devices shall conform to the Michigan Manual
of Uniform Traffic Control Devices, as amended, or as otherwise deemed
necessary by the Department of Engineering.
I.
The permittee shall take appropriate measures to assure
that during the performance of the excavation work, traffic shall
be maintained at all times. When traffic conditions warrant it, the
City Engineer or his or her designee may, by written order, close
streets and alleys to all traffic for a period of time prescribed
by him or her. Such written approval shall require that the permittee
give notification to various public agencies and to the general public.
Warning signs shall be placed by the permittee far enough in advance
of the construction operation to alert traffic, and cones or other
approved devices shall be placed to channel traffic, in accordance
with the instructions of the Department of Engineering. Where construction
work is to be done on or adjacent to any State highway, the permittee
shall secure the consent of the Michigan Department of Transportation
where necessary.
The provisions of this article shall be deemed
to be minimum standards and may be superseded pursuant to a term in
a contract between the City and a contractor. The permit fees otherwise
required under this article may be waived under a term in a written
construction contract entered into between a person and the City.
The Department of Engineering shall cause to
be inspected all those installations which are made under a permit
granted pursuant to this article.
When any appliance or electrical conduit laid
or constructed under the provisions of this article, or constructed
prior to the adoption hereof, interferes with the use, improvement
or alteration of any public place, the Council may direct the removal
of said appliance or electrical conduit, or the alteration thereof,
at the owner's expense, to prevent such interference. No person shall
fail to remove or alter the offending appliance or electrical conduit.
A.
The City may issue an annual maintenance permit to
any person desiring one. Such permits shall authorize the following
activities, subject to the following terms and conditions:
(1)
Maintenance and tree trimming with permission of the
City Forestry Department. No tree removal shall occur without Department
of Engineering permission. However, such trimming or removal may occur
without prior permission during emergency situations.
(2)
Repair of existing underground conduit, buried cable,
buried wire and pipe (except under pavement).
(3)
Replacement of defective buried cable sections with
like size up to 50 feet. Prints shall be submitted for all cable section
replacement. If new cable is to be placed outside the immediate area
(more than two feet away from the existing location center line),
special permission is required to do so.
(4)
Insertion of plastic pipe inserts or lining through
existing mains (gas, water or sewer), in connection with maintenance
and renewal programs, not requiring pavement cuts, and placing or
replacing of cable in existing conduit.
(5)
Installation of buried cable or wire loop or lateral
to an existing pole in an existing pole line. This may include crossing
of a street by squeeze boring or pushing one pipe two inches or less
in diameter.
(6)
Installation, removal or replacement of load coil
case on existing buried cable or wire, including loop from the main
trench at only one location.
(7)
Replacement of open wires, single pair rural wire
and/or drop wire with multiple line wire or small cable on the same
pole, with the line not extending beyond the present wire.
(8)
Repair and maintenance of open wire, multiple-type
wire, drop wire and aerial cable.
(9)
Repair and/or replacement of leaking, distressed or
otherwise damaged sections of up to 50 feet of existing gas mains
(except under pavement), then backfilling and restoring in accordance
with City specifications.
(10)
Replacement of up to two poles within an existing
line of poles, provided that no tree is required to be removed.
(11)
Addition or replacement of guys and anchors
to poles parallel to the street center line or away from the street
center line.
(12)
Installation of aerial drops, which do not require
a new pole within the street right-of-way outside of an existing pole
line, or installation of an aerial drop along with an intermediate
pole in an existing pole line to permit installation of an aerial
drop.
(13)
Crossing of paved streets for underground house
service which will be by squeeze bore, auger or "moleing" per the
following conditions. [As used herein, "moleing" shall mean a single
forward boring system (without removal of soil) and a return pass
of reamer or shank with underground cable, water or gas line attachment.]
(14)
Crossing of gravel streets for underground house
service which may be by trenching. Streets shall be restored to City
specifications.
(15)
Inspection and maintenance of systems, valves
and meters and their associated manholes.
(16)
Conducting of soil borings outside of a traveled
way and performing survey work.
(17)
Installation of improvement service lines to
residential customers.
B.
Conditions for blanket permit activities shall be
as follows:
(1)
Emergency repairs requiring excavation may be made
with notification to the Department of Engineering as soon as possible,
and no later than the next City working day.
(2)
Immediate notification must be given for emergency
(public safety, health and welfare) operations, which involve cutting
of pavement, and a special permit must be obtained as soon as possible.
(3)
Traffic shall be maintained in accordance with the
Michigan Manual of Uniform Traffic Control Devices and City specifications.
(4)
Soil boring operations shall be subject to the provisions
of Act 315 of the Public Acts of 1969, as amended.
(5)
Utility companies shall submit reports monthly to
the Department of Engineering, listing the location, date and type
of activity for each activity performed, under the blanket permit
for that month, which required excavation in the public right-of-way.
(6)
"Miss Dig" shall be notified prior to any work.
C.
Annual permits shall run with the calendar year and
may be renewed during the month of December.
