[R.O. 1992 § 505.810; Ord. No. 3253 § 1, 6-6-1966; Ord. No. 4536 § 1, 2-18-1975; Ord. No. 7766 § 1, 7-3-1995; Ord. No. 98-8366 § 1, 4-20-1998; Ord. No. 06-10096 § 1, 10-4-2006; Ord. No. 09-10649 § 1, 12-7-2009; Ord. No. 22-13627, 10-3-2022]
No person shall make or cause to
be made, or help, aid or assist therein, any excavation or subsurface
directional bore on any public street, highway, alley or other public
place or any public easement or right-of-way without first having
made application for a right-of-way permit to the City Engineer for
a permit for such excavation or subsurfacet directional bore and receiving
from the City Engineer a written permit to proceed. Before such permit
shall be granted, the applicant shall deposit an amount based on the
City Engineer's estimated cost of restoration of the affected right-of-way
or easement. Such deposit may be used to restore the street, highway,
alley or other public place, public easement or right-of-way in as
good condition as it was before the excavation was made and in accordance
with the conditions provided in this Article. In addition to such
deposit the applicant shall pay an equal amount to compensate the
City for the restoration of any excavated pavement. A permit fee of
thirty dollars ($30.00) shall also be paid for all work that is not
considered a subsurface directional bore. A permit fee of twenty dollars
($20.00) per one hundred (100) linear feet shall also be paid for
all subsurface directional bores.
[R.O. 1992 § 505.820; Ord. No. 3253 § 2, 6-6-1966; Ord. No. 4536 § 1, 2-18-1975; Ord. No. 98-8366 § 2, 4-20-1998; Ord. No. 06-10096 § 1, 10-4-2006; Ord. No. 09-10649 § 2, 12-7-2009; Ord.
No. 22-13627, 10-3-2022]
The deposit shall be returned to
the depositor not later than six (6) months after the work shall have
been completed, inspected, and the place restored to its original
condition and in accordance with the provisions of this Article. This
maximum six-month time frame shall serve as a warranty period. Factors
that will determine the length of deposit time shall include the extent
of backfill required, the type of pavement restoration, and the traffic
conditions the excavation or subsurface directional boring will experience.
If the restored excavation subsurface or directional boring fails
due to backfill settlement the deposit will be forfeited. The City
shall thereafter cause the excavation or subsurface directional boring
to be restored utilizing the forfeited deposit to pay for the costs
of restoration. If the deposit is not sufficient to pay the entire
costs thereof, the depositor shall be required to pay the balance
thereof. No excavation or subsurface directional bore permits shall
be issued to anyone with a balance due to the City. Any excess deposit
shall be returned to the depositor.
[Ord. No. 22-13627, 10-3-2022]
A.
The
utility provider, contractor and subcontractor for any excavation
or subsurface directional boring work must be co-listed on the right-of-way
permit and all such parties (collectively, the "permittee") shall
submit a certificate of insurance (COI) for every permit applied for.
The utility provider, contractor, and subcontractor shall be listed
as insureds on the certificate of insurance (COI) covering the work.
B.
Each
right-of-way permit applied for shall not exceed two thousand (2,000)
lineal feet per permit.
C.
Each
permittee shall hold no more than ten (10) excavation permits involving
active directional boring at any specific time. Provided, however,
each permittee may apply for an additional five (5) permits, but such
permits shall not be issued by the City until the active directional
boring under existing permits has been completed by the permittee.
For example, if permittee is conducting directional boring under ten
(10) permits and completes the active directional boring under one
(1) such permit, one (1) additional permit may be issued by the City.
The purpose of this provision is to limit permittee's active directional
boring to ten (10) permits at any given time. "Active directional
boring" shall include all work where directional boring is taking
place and does not include projects where the directional boring has
been completed and the permittee is taking final steps such as site
restoration.
D.
All
boring equipment shall be calibrated in accordance with the manufacturer's
specifications. In addition, the calibration shall be checked at a
minimum of once per day and at any time the location for the boring
head is determined to be unknown during operations. Such check shall
be conducted to ensure that the equipment is correctly calibrated
and functioning property. The supervisor on duty shall keep a log
on the project site indicating the performance of any calibrations
or checks, including a signature verifying that the check was witnessed.
This log will be made available to the City Inspector upon request
at any time. Failure to produce confirmation and proof of calibrations/checks
will result in a Tier 1 Violation, with a protocol as outlined below.
E.
All
utility crossings shall occur at the pothole. If the boring equipment
is determined to be crossing the utility in question at a different
location than the intended pothole, a new pothole at the current location
shall be dug and the utility shall be exposed at the new crossing
location. In addition, the depth of the boring equipment shall be
noted upon the ground in white spray paint at all utility crossing
locations. All information obtained by the permittee regarding the
actual location of any City utilities at the site of any pothole and
utility crossing shall be provided to the City within thirty (30)
days of the utility crossing.
[R.O. 1992 § 505.830; Ord. No. 3253 § 3, 6-6-1966; CC 1970 § 23-85; Ord. No. 7230, 6-15-1992; Ord. No.
98-8366 § 3, 4-20-1998; Ord. No. 06-10096 § 1, 10-4-2006; Ord. No. 09-10649 § 3, 12-7-2009; Ord. No. 22-13627, 10-3-2022]
Every person who shall cause to be
made any excavation or subsurface directional boring in or adjoining
any public street, highway, alley or public place or on any public
easement or right-of-way shall follow all guidelines for signage and
barricading according to the current edition of the Manual on Uniform
Traffic Control Devices. A traffic control plan shall be approved
by the City Engineer prior to any excavation or subsurface directional
boring under the jurisdiction of this permit. Such plan shall address
traffic control and restoration during all excavation and subsurface
directional boring activities. Portable plates may be required to
restore traffic prior to the completion of pavement restoration.
[R.O. 1992 § 505.840; Ord. No. 3253 § 4, 6-6-1966; Ord. No. 4536 § 1, 2-18-1975; Ord. No. 98-8366 § 4, 4-20-1998; Ord. No. 06-10096 § 1, 10-4-2006; Ord. No. 09-10649 § 4, 12-7-2009; Ord.
No. 19-12069, 8-5-2019; Ord. No. 22-13627, 10-3-2022]
A.
Excavations
or subsurface directional boring in any surfaced street or alley,
whether a permanent or temporary surfacing exists on the street or
alley at the time the excavation or subsurface directional boring
is made, shall be made to minimize effect on existing pavement, and
all materials removed from the excavation or subsurface directional
boring shall be disposed of at some different location other than
its origin. Such excavations or subsurface directional boring and
related pavement shall be restored per Figures A, B or C at the end
of this Section. The applicant shall be responsible to place backfill
as specified. Such placement shall only be accomplished after proper
notice has been provided to the City Engineer. Such notice shall be
given to allow for the proper inspection services to be provided.
Any backfill placed without proper notice being provided shall be
removed and restored under the City's inspection. The pavement shall
be restored by the City. If the initial payment is not sufficient,
the applicant shall be required to pay the balance. Any excess amount
shall be returned to the applicant. A sequence of required events,
as stated herein, can be found on Figure D at the end of this Section.
2.
Figures.
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FIGURE A. FLOWABLE FILL
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FIGURE B. ONE-INCH CLEAN ROCK
BACKFILL
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FIGURE C. TYPE (1) ROCK BACKFILL
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FIGURE D
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A.
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City receives application (street
excavation permit).
| |
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B.
|
City Engineer establishes the cost
for pavement restoration.
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C.
|
Applicant provides payment of twice
the cost of pavement restoration. One-half (1/2) of this shall be
utilized for initial pavement restoration. The remaining one-half
(1/2) of the payment shall serve as a warranty as specified herein.
The inspection fee shall also be paid.
| |
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D.
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Applicant notifies City when backfill
operations will occur.
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E.
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Applicant places backfill with City
inspector present. See Figures A, B, and C above.
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F.
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City completes final pavement restoration.
If the initial payment is not sufficient, the applicant shall be required
to pay the balance. Any excess amount shall be returned to the applicant.
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G.
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After the required warranty period,
the City shall:
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|
a.
|
Return the deposit amount if it has
been demonstrated that the right-of-way was properly restored.
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b.
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If the restored right-of-way has
failed during the warranty period, the deposit shall be forfeited.
The City shall thereafter cause the excavation to be restored. If
the deposit is not sufficient, the depositor shall be required to
pay the balance. Any excess deposit shall be returned to the depositor.
| |
[R.O. 1992 § 505.845; Ord. No. 98-8366 § 5, 4-20-1998; Ord. No. 09-10649 § 5, 12-7-2009; Ord.
No. 22-13627, 10-3-2022]
A.
A tiered
violation protocol is hereby established. Depending on the nature
of an incident or violation, the following protocols and procedure
shall apply:
1.
Tier 1 violations, including violations of regulations and applicable
law not otherwise included in Tier 2, striking, or otherwise damaging
a utility facility other than a gas line, and shovel strikes to a
gas line.
a.
Upon the occurrence of a Tier 1 violation, a report on the incident
including but not limited to information on the cause, person(s) responsible,
etc., shall be submitted to the City from the permittee.
b.
City staff shall be allowed ten (10) days from the time of the report
submittal to review the report and make any suggestions regarding
further conditions or requirements for any work moving forward. Permittee
shall comply with any additional conditions or requirements designed
to prevent such violation from occurring again.
c.
City staff may impose further permit conditions and requirements
if such conditions and requirements are designed to prevent a similar
violation from occurring.
2.
Tier 2 violations, including striking or otherwise damaging a gas
utility (excluding shovel strikes).
a.
Upon the occurrence of a Tier 2 violation, a report on the incident
including but not limited to information on the cause, person(s) responsible,
etc., shall be submitted to the City from the permittee.
b.
Representatives of the utility provider, the contractor, and subcontractor
shall be required to meet with City staff and administration to discuss
and review the incident report and develop possible resolutions or
operational changes to prevent the same violation from reoccurring.
c.
Until the formal report has been submitted, the meeting has been
conducted and any resolution or operational changes have been implemented,
the permittee's work described in the excavation permit shall be stopped.
Upon completion of these items to the City's satisfaction, work related
to the permit may recommence.
d.
City staff may impose further permit conditions and requirements
if such conditions and requirements are designed to prevent a similar
violation from occurring.
e.
A fee of two thousand five hundred dollars ($2,500.00) shall be paid
to the City by the permittee so that the City may recoup expenses
incurred in staff investigation, inspections and other tasks related
to the incident. Work shall not resume until such fee is paid.
3.
Multiple At-Fault Violations.
a.
Following three (3) Tier 1 violations or three (3) Tier 2 violations
within a rolling 90-day period, where the fault is determined to be
one (1) of the parties listed on the permit, any existing excavation
permits issued to such permittee shall be revoked and no new building
or excavation permits shall be issued to the permittee until permittee:
(1)
Has revised its operations and procedures to ensure that no
violations occur;
(2)
Has submitted its new operational plan to the City for approval;
(3)
The City has approved or modified the operational plan (which
shall not exceed twenty-one (21) days from the date of receiving the
submittal); and
(4)
Permittee has undertaken limited directional boring [which shall
not exceed one hundred (100) linear feet per day] using the procedures
outlined in the new operational plan for ten (10) days without a violation.
b.
A fee of two thousand five hundred dollars ($2,500.00) shall be applied
to recoup expenses due to staff investigation, inspection and other
tasks relating to multiple Tier 1 at-fault violations.
c.
A fee of five thousand dollars ($5,000.00) shall be applied to recoup
expenses due to staff investigation, inspection and other tasks relating
to multiple Tier 2 at-fault violations.
