[Ord. No. 1064 §13, 10-17-1969]
It shall be unlawful for any person to make any excavation in any public place, street, platted street, roadway, road bed, parkway, walkway, alley, right-of-way, or easement in violation of the provisions of this Chapter. Any person convicted of violating any of the provisions of this Chapter shall be subject to punishment as provided in Section 100.080.
[Ord. No. 383 §104-4, 10-21-1959; Ord. No. 696 §2, 10-7-1964; Ord. No. 1064 §1, 10-17-1969]
No person shall make or cause to be made any excavation in any public place, street, platted street, roadway, road bed, parkway, walkway, alley, right-of-way, or easement without first obtaining a permit from the Building Official as provided by this Chapter, except in the case of public work done by the employees of the City or by any contractor under contract with the City, and except as otherwise provided in Section 530.030. This Chapter shall apply to all persons and to all private, public and municipal corporations.
[Ord. No. 1064 §10, 10-17-1969]
In case of an emergency where the public health or safety is
in danger and the office of the City is not open, the provisions of
this Chapter relating to the issuance of permits prior to commencement
of excavation shall not apply. In such case the person making the
excavation shall notify the police department of the City that the
emergency work is being commenced and the location thereof, and the
work may proceed immediately; provided, however, final surfacing or
temporary patches shall not be applied to the excavation until such
time as the City has inspected and approved the backfill and issued
a permit therefor. Application for the permit shall be made on the
first (1st) day on which the City office is open after the work is
commenced.
[Ord. No. 383 §104-4, 10-21-1959; Ord. No. 696 §2, 10-7-1964; Ord. No. 1064 §§2, 3, 10-17-1969; Ord. No. 80-75 §1, 10-29-1980; Ord. No. 04-34 §16, 5-19-2004]
A.
Application And Fee. Application for an excavation permit as required in Section 530.020 shall be made in writing to the City, which application shall contain information regarding the purpose, location and size of the proposed excavation and the approximate time work thereon will be commenced, and shall state the length of time applicant estimates will elapse from the commencement of the work until the complete restoration of the surface. Except as otherwise provided in this Chapter, each excavation shall require a separate permit. The fee for each permit shall be one hundred dollars ($100.00).
B.
Posting Insurance. Before any excavation permit is issued the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work, as provided by Section 530.060.
C.
Compliance Deposit or Bond. Prior to the issuance of an
excavation permit, the applicant shall deposit, and shall maintain
with the City, a cash deposit or bond in an amount determined by the
City Engineer to be reasonably sufficient to secure the City against
any expense or damage which may result from the applicant's failure
to comply with the provisions of this Chapter. The amount of such
deposit or bond shall be based upon the nature and extent of the work
and the nature of the area in which the excavation is to be made,
and shall be not less than two hundred dollars ($200.00) nor more
than five thousand dollars ($5,000.00). In the event the holder of
an excavation permit shall fail to complete all work required by this
Chapter within the time specified in this Chapter, the City may correct
or complete the work, and the cost to the City, as computed by the
City Engineer, of correcting or completing such work shall be paid
out of the cash or bond deposited with the City by the applicant.
In the event such cash deposit or bond shall be insufficient to pay
for the City's cost of correcting or completing such work, applicant
shall pay the excess cost to the City on demand.
[Ord. No. 1064 §3, 10-17-1969]
It shall be unlawful to fail to complete the work within the
time period stated in the application unless permission for an extension
of time is granted by the City.
[Ord. No. 1064 §4, 10-17-1969]
Every applicant for an excavation permit shall register with
the City proof that the applicant is maintaining liability insurance
in the sum of one hundred thousand dollars ($100,000.00) for bodily
injury to each person, three hundred thousand dollars ($300,000.00)
for bodily injury to all persons in one (1) occurrence and twenty-five
thousand dollars ($25,000.00) for all property damage in one (1) occurrence
arising out of or on account of excavation work or on account of or
in consequence of any neglect in safeguarding the work. Such insurance
shall be carried in a firm or corporation which has been licensed
or permitted to carry on such business in the State and shall be kept
and maintained continuously in force and effect so long as the excavation
work shall be in process. A verified copy of the insurance policy
shall be filed with the City with the certificate of the insurer that
the policy is in full force and effect and that such insurance will
not be altered, amended, terminated or ended without notice having
been given to the City. In lieu of the insurance as herein provided,
the applicant may deposit a corporate or other surety bond in the
penal sum of one hundred thousand dollars ($100,000.00) conditioned
that he will pay any judgment recovered by any person injured or any
property damage incurred on account of the excavation work or on account
of or in consequence of any neglect in safeguarding the work. In the
event the insurance policy provided for herein lapses and is not immediately
renewed, or any bond terminates in any manner whatsoever and a substitute
in lieu thereof is not deposited, the permit for such excavation shall
be revoked immediately.
[Ord. No. 1064 §5, 10-17-1969]
In making an excavation in any public place, the excavated materials
from the trenches shall be placed where they will cause the least
possible inconvenience to the public. The area of excavation shall
be no greater than necessary for doing the work, and sheathing and
bracing shall be used as necessary to keep the sides of the trench
vertical and to prevent caving. Adequate provision for proper drainage
of the areas surrounding the work shall be maintained at all times.
[Ord. No. 1064 §6, 10-17-1969]
Excavations made in or under public streets, walks or driveway pavements are to be backfilled with granular material thoroughly compacted into place as specified in Section 530.090 and the pavement surface restored to its original condition. Excavations in easements shall be backfilled as specified in this Section. Excess excavated materials shall be removed from the site of the work as soon as practicable after the excavation is made and no such material shall be unduly allowed to accumulate on the site.
[Ord. No. 1064 §7, 10-17-1969]
Approved granular backfill material shall be composed of one
(1) inch minus crushed quarry rock. Other materials may be used only
with the written approval of the City. Quarry material shall be placed
in horizontal layers no greater in final thickness than six (6) inches
and shall be densified by mechanical tamping or inundating and vibration
or jetting. Each layer of fill material shall be compacted to ensure
the desired compaction and density which shall be not less than ninety-five
percent (95%) standard compaction.
[Ord. No. 1064 §8, 10-17-1969; Ord.
No. 21-34, 11-17-2021]
All excavations outside of street or platted street right-of-way
may be backfilled with earth and all grassed areas shall be returned
to their original condition by sodding as directed by the City. Earth
backfill shall be placed and compacted in lifts not over six (6) inches
in initial thickness with pneumatic tamping, or the trench may be
filled with excavated material and the entire trench jetted. As soon
as the excavation has been backfilled, all excess excavated materials
shall be removed from the area and disposed of.
[Ord. No. 1064 §9, 10-17-1969; Ord. No. 80-75 §2, 10-29-1980]
Backfilling may be performed only in the presence of a City
inspector. A City inspector's presence may be obtained by request
to the City specifying the intent to backfill and the time of the
intended operation. In the event backfill is done without the presence
of an inspector, all such backfill must be removed, and replaced under
a City inspector's supervision.
[Ord. No. 1064 §11, 10-17-1969]
All excavations regulated by this Chapter shall be made in such
manner as not to inconvenience or interfere with the public use or
travel upon the streets, sidewalks or other public places when possible.
When such use is unavoidably obstructed, the person making such excavation
shall exercise all reasonable dispatch in prosecuting the work so
that the public use will not be obstructed beyond a reasonable time.
All sidewalks, crosswalks, curbs, gutters, streets, or public places
disturbed, interfered with or injured in making any excavation, shall
be restored, replaced and repaired to as good condition as they were
before such excavation was made.
[Ord. No. 1064 §12, 10-17-1969]
Every person who shall make or cause to be made any excavation
in or adjoining on a public street, highway or public place shall
provide, erect and maintain at all times along the line of work all
such barricades, signs, lights and warning signals as may be necessary
to protect the public from the hazards arising from the operation.
[Ord. No. 120 §7, 2-25-1932; Ord. No. 425 §5, 7-6-1960]
No person shall make, cause, or permit, any opening near any
public street, highway, alley or other public place to be left open
and unguarded so as to be dangerous to persons passing along said
street, highway, alley or other public place.
