[Code 1959, § 30.001]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means to dig into, or in any way remove or physically disturb
or penetrate, any part of the street or right-of-way.
Means any natural or corporate person, business association
or other business entity, including, but not limited to, a partnership,
sole proprietorship, political subdivision, public or private agency
of any kind, utility, successor or assign thereof, or any other legal
entity which has, or seeks to have, equipment located in any right-of-way.
Mean the surface and space above and below all land lying
between property lines on either side of public roadways, streets,
alleys and boulevards, and includes lawn extensions, public sidewalks
and other dedicated rights-of-way for travel purposes or utility easements,
in which the Village has an interest.
[Code 1959, § 30.011]
(a)
No person shall make any excavation in, or cause any damage to, or
place, or cause to be placed, any tangible property or objects, including,
but not limited to, pipes, cable, fiber optics or conduit, in any
street or right-of-way, except under the conditions and in the manner
permitted in this article or pursuant to federal, state or local law
or regulation.
(b)
Except for any damage caused to the street or right-of-way, such
temporary obstructions as may be incidental to the expeditious movement
of tangible property or objects to and from abutting premises shall
not be deemed to be a violation of this section.
[Code 1959, § 30.012]
(a)
Before excavation or obstruction of a street or right-of-way occurs,
a person shall obtain a permit from the Village, on such forms or
agreements as the Village or its duly authorized representative shall
prescribe under this article, or as authorized by the Michigan telephone
communications act or other federal or state law, and shall pay the
permit fee established by the Village, by resolution, or permitted
pursuant to this Code, or such federal and state law. The permit fee
shall represent the costs the Village has incurred, or reasonably
will incur, in processing the permit, including, but not limited to,
inspection and administrative costs (to cover, for example, but not
limited to, wages, fringe benefits, equipment usage and overhead),
investigation and legal fees. Any permit issued by the Village may
be revoked for failure to comply with this article, rules and regulations
adopted pursuant to this article or any applicable federal or state
law. The permit is valid only for the period endorsed on the permit,
and shall constitute an agreement with the Village to complete the
work covered by the permit in the period set forth in the permit or
any extension granted by the Village; observe all pertinent laws and
regulations of the Village and federal or state government; repair
all damage done to the street surface, ground and vegetation within
the right-of-way and all property owned or maintained by the Village;
and protect, hold harmless and indemnify the Village against all claims
for damage or injury to persons or property resulting from the acts,
omissions and negligence of the person, his subcontractors, agents,
representatives or assigns, in connection with the activities and
property.
(b)
The Village may require a person to submit with the permit application,
and before the permit is valid, a certificate of insurance satisfaction
from an insurance company authorized to do business in the state or
self-insurance, in either event, to the Village. The Village shall
be named as an additional insured and may, by resolution, establish
minimum levels of insurance coverage required for the permit.
(c)
In addition to any insurance coverage required, the Village may also
require the person to obtain a construction bond in an amount and
form acceptable to the Village.
[Code 1959, § 30.013]
No person shall make any excavation or opening in or under any street without first obtaining a written permit from the superintendent of public works. No permit shall be granted until the applicant shall post a cash deposit and file a liability insurance policy as required by § 28-33.
[Code 1959, § 30.014]
If the public safety requires immediate action, the superintendent
of public works may grant permission to make a necessary street opening
in an emergency, provided that a permit shall be obtained on the following
business day and the provisions of this article shall be complied
with.
[Code 1959, § 30.015]
All trenches in a public street or other public place, except
by special permission, shall be backfilled with approved granular
material to within 12 inches of the surface. On main thoroughfares,
the material shall contain one sack of cement per yard of fill. The
remaining portion shall be filled with road gravel as specified by
the superintendent of public works.
[Code 1959, § 30.016]
Utility poles may be placed in such streets as the superintendent
of public works shall prescribe, and shall be located in accordance
with the directions of the superintendent of public works. Such poles
shall be removed or relocated as the superintendent of public works
shall direct from time to time.
[Code 1959, § 30.017]
Every owner and person in control of any estate maintaining
a sidewalk vault, coal hole, manhole or any other excavation, or any
post, pole, sign, awning, wire, pipe, conduit or other structure in,
under, over or upon any street which is adjacent to or a part of his
estate, shall do so only on condition that such maintenance shall
be considered as an agreement on his part with the Village to keep
the installations and the covers thereof, and any gas and electric
boxes and tubes thereon, in good repair and condition at all times
during his ownership or control, and to indemnify and save harmless
the Village against all damages or actions at law that may arise or
be brought by reason of such excavation or structure being under,
over, in or upon the street, or being unfastened, out of repair or
defective during such ownership or control.
[Code 1959, § 30.021]
No opening in or through any curb and/or street frontage shall
be made without first obtaining a written permit from the superintendent
of public works. Curb cuts, and sidewalk and driveway crossings to
provide access to private property shall comply with the following:
(1)
No single curb cut shall exceed 25 feet, nor be less than 10 feet.
(2)
The minimum distance between any curb cut and a public crosswalk
shall be five feet.
(3)
The minimum distance between curb cuts, except curb cuts serving
residential property, shall be 25 feet.
(4)
The maximum number of linear feet of sidewalk driveway crossings
permitted for any lot, parcel of land, business or enterprise shall
be 45% of the total abutting street frontage up to and including 200
linear feet of street frontage, plus 20% of the linear feet of street
frontage in excess of 200 feet.
(5)
The necessary adjustments to utility poles, light standards, fire
hydrants, catchbasins, street or railway signs, signals or other public
improvements or installations shall be accomplished without cost to
the Village.
(6)
All construction shall be in accordance with plans and specifications
approved by the superintendent of public works.
[Code 1959, §§ 30.030—30.032]
(a)
Permit, cash deposit and liability insurance required. No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to such street, or for any other purpose, without first obtaining a permit from the superintendent of public works. No permit shall be granted until the applicant shall post a cash deposit and file a liability insurance policy as required by § 28-33.
(b)
Pedestrian passage. At least six feet of sidewalk space shall be
kept clean and clear for the free passage of pedestrians, and if the
building operations are such that free passageway is impracticable,
a temporary plank sidewalk, with substantial railings, or sidewalk
shelter shall be provided around such obstruction.
[Code 1959, §§ 30.040—30.042]
(a)
Safeguards. All openings, excavations and obstructions shall be properly
and substantially barricaded and railed off, and at night, such openings,
excavations and obstructions shall be provided with red warning lights.
Warning lights perpendicular to the flow of traffic shall not be more
than three feet apart, parallel to the flow of traffic and not over
15 feet apart.
(b)
Shoring. All openings and excavations shall be properly and substantially
sheeted and braced as a safeguard to workmen and to prevent cave-ins
or washouts which would tend to injure the thoroughfare or subsurface
structure of the street.
[Code 1959, §§ 30.050, 30.051]
No person shall move, transport or convey any building or other similar bulky or heavy object, including machinery, trucks and trailers, larger in width than 14 feet, into, across or along any street, alley or other public place in the Village without first obtaining a permit from the superintendent of public works. Such permit shall specify the route to be used in such movement, and no person shall engage in such movement along a route other than the route specified in the permit. No house moving permit shall be granted until the applicant shall post a cash deposit in the amount as established by resolution of the Village council from time to time, and file a liability insurance policy as required by § 28-33.
[Code 1959, § 30.052]
Encroachments and obstructions in the street may be removed
and excavations refilled, and the expense of such removal or refilling
charged to the abutting landowner when made or permitted by him or
suffered to remain by him other than in accordance with the terms
and conditions of this article. The procedure for collection of such
expenses shall be as prescribed in Chapter VIII, §§ 19,
20 and 21 of the Charter.
[Code 1959, § 30.053]
The superintendent of public works shall have authority to temporarily
close any street, or portion thereof, when he shall deem such street
to be unsafe or temporarily unsuitable for use for any reason. The
superintendent of public works shall cause suitable barriers and signs
to be erected on such street, indicating that the street is closed
to public travel. When any street, or portion thereof, shall have
been closed to public travel, no person shall drive any vehicle upon
or over such street, except as such may be necessary, incidental to
any street repair or construction work being done in the area closed
to public travel. No person shall move or interfere with any sign
or barrier erected pursuant to this section without authority from
the superintendent of public works.
