[CC 1987 §535.010; Ord. No. 243 §2, 10-9-1951; Ord. No. 380, 6-12-1956; Ord. No. 02-06 §§1 — 2, 4-9-2002; Ord. No. 12-3 §1, 4-10-2012]
A.
Any person
having occasion to make any such opening or excavation shall make
written application for permit therefore to the City Clerk who is
hereby given authority to issue such permits. The application shall
state the location and size of the proposed excavation and when the
work is to be commenced. Permit fees shall be paid to the City Clerk
before such permit is issued in amounts as follows:
1.
Residential. For each excavation for a residential purpose
involving disturbance of any street, curb or sidewalk, thirty-five
dollars ($35.00), plus an indemnity or bond as set by the City Administrator
based on the project.
2.
Non-residential. For each excavation for a non-residential
purpose, including, but not limited to, excavations conducted by or
for utility companies, the fee for such excavations shall be two hundred
dollars ($200.00), plus an indemnity or bond as set by the City Administrator
based on the project.
B.
Such
indemnity deposit shall not be returned to the person depositing such
until the City Treasurer receives an authorization so to do from the
City Administrator, in writing, that such opening or excavation has
been properly restored to as near as possible its original condition.
C.
Shall
any person obtaining a permit to make any opening or excavation and
depositing with the City Treasurer the indemnity as in this Chapter
provided, thereafter fail to restore such opening or excavation to
as near as possible to its original condition, after being given written
notice so to do, the City shall restore and resurface the area so
excavated, charging the costs therefor against such indemnity deposit.
[CC 1987 §535.020; Ord. No. 243 §1, 10-9-1951]
Except in case of public work done by authority of the Board
of Aldermen, no person shall make or cause to be made any opening
or excavation in any public street, alley, highway, sidewalk, curb,
tree lawn, parkway or public place or thoroughfare without written
permit from the City Clerk. Any person violating the provisions of
this Section shall be deemed guilty of a misdemeanor.
[CC 1987 §535.030; Ord. No. 243 §3, 10-9-1951]
A.
The backfilling
or refilling of excavations or tunnels in or under the streets or
highways must be refilled as soon as fixture is installed or service
connection completed with either a granular fill or by flooding with
water. The Street Commissioner or City Engineer shall inspect the
location as may be required and see that the conditions of the permit
and the provisions of this Chapter are complied with and his/her recommendation
as to which fill shall be used, granular or flooding with water, is
final and shall be complied with.
B.
All of
the granular refilling around and above the top of the fixture or
service connection to be thoroughly tamped as it is put into the excavation,
assuring ninety-five percent (95%) compaction, as determined by standard
compaction tests. If backfilling is to be jettied, all of the connection
shall be settled by flooding with water, the amount of water being
sufficient to thoroughly settle the earth around the fixture in the
excavation and carry down all the dirt used in the first (1st) backfilling,
assuring ninety-five percent (95%) compaction. Excavations or openings
outside of streets or highways shall be refilled as soon as fixture
is laid or service connection made and settled by tamping or flooding
with water, assuring ninety-five percent (95%) compaction. The top
eight (8) inches of any excavation in street or highway shall be filled
with a macadam base of six (6) inches and two (2) inches of "Cold
Patch", applied and tamped in such manner, so as not to create a cavity
beneath the surface, nor a hump above the surface of the street. The
top twelve (12) inches of backfill on any excavation outside of street
or highway shall be of dry material and shall be placed to the satisfaction
of the Street Commissioner or City Engineer. Inspector shall be notified
twenty-four (24) hours in advance of any backfilling or refilling
of any excavation.
C.
Granular
material shall consist of crushed rock, gravel, broken concrete, mortar
on brick bats provided that such material is so graded that it contains
no large voids and is free from clay, loam, wood, paper, tin or other
perishable materials. Sand or molding sand may be used in connection
with the materials described above to obtain proper grading. Granular
fill shall be placed in layers not to exceed twelve (12) inches in
thickness and thoroughly tamped as it is put in trench, assuring a
ninety-five percent (95%) compaction as determined by standard compaction
tests or rolled by means of a self-propelled roller weighing not less
than ten (10) tons. If the contractor so desires, sand or molding
sand may be substituted for the above granular fill material, provided
that the contractor saturates the fill in a manner to assure compaction
satisfactory to the City Engineer or Street Commissioner.
D.
In the
event that the person, or his/her agent, making such excavation shall
delay or refuse after due notice from City Engineer or Street Commissioner
to restore such street, alley, highway, sidewalk, curb, parkway, tree
lawn or public place or easement, in or under which such excavation
has been made to as good condition as it was previous to such excavation,
it shall be the duty of the City Engineer or Street Commissioner to
make such restoration, or have it done, the expense thereof to be
defrayed out of said deposit or deposits, and the balance thereof,
if any, after all charges against it has been made, shall be returned.
[CC 1987 §535.040; Ord. No. 243 §4, 10-9-1951]
Permits will be revoked thirty (30) days after the date of issuance
if work is not started within that period, unless, for good cause
shown, applicant is granted an extension of time by the City Clerk.
[CC 1987 §535.050; Ord. No. 243 §5, 10-9-1951]
A.
No public
way shall be obstructed so as to inconvenience traffic, whether vehicular
or pedestrian, contrary to these conditions, without special permission
of the City Engineer or Street Commissioner. The length of excavation
or trench to be left open at any one time shall be determined by the
City Engineer or Street Commissioner and all excavated materials from
excavation or trench shall be piled on the outside of said excavation
or trench, that is, the side nearest the property line, unless instructed
by the Street Commissioner or City Engineer to make other disposition
of the excavated materials, so as not to inconvenience traffic, and
all debris and surplus materials, after installation of the fixtures
or service connection has been made, shall be removed from the public
way.
B.
Driveways
leading into lots on any streets or highway shall be bridged and kept
passable and open at all times so as to afford residents ingress and
egress, and any damage done to fixtures under said driveway shall
be repaired by and at the expense of the applicant causing such damage.
C.
No person
shall make any opening or excavation with or without permit, in any
street, highway, alley, sidewalk, parkway, tree lawn or public place
in the City of Northwoods without providing, during the progress of
the work and until said excavation has been backfilled and the surface
restored, barricades around the same as a warning to the public, and
between sunset and sunrise lights or red lanterns around said excavation,
lighted, and sufficient in number and placed in such a manner as to
be clearly visible in all directions. Excavations must be covered
in a safe manner.
[CC 1987 §535.060; Ord. No. 243 §6, 10-9-1951]
Plans and elevations, if required, shall be submitted with the
application for all uses other than service connections and the moving
of buildings.
[CC 1987 §535.070; Ord. No. 243 §7, 10-9-1951]
Applicants shall comply with the City of Northwood's ordinances
on specifications for the replacement of pavement over excavations
made in all streets, avenues, highways, and roads. The applicant shall
be required to repair all pavements, edges of pavement and shoulders
damaged as a result of a diversion of traffic. All applicants will
be required to maintain the excavation or opening and such pavements,
curbings or sidewalks as are disturbed for a period of three (3) months
from the date of completion, during which period said applicants shall
make all necessary repairs within five (5) days after being notified
by the City Engineer or Street Commissioner.
[CC 1987 §535.080; Ord. No. 243 §8, 10-9-1951]
No applicant shall do or cause to be done any work on or any
use of public ways in violation of the law or conditions of permit,
nor shall fail to properly protect all existing fixtures and installations
encountered. Whenever the City Engineer or Street Commissioner shall
deem it necessary, written acceptance of any or all applicable conditions
of this Chapter may be required of applicants contemplating work under
or upon any public street, alley, highway, sidewalk, parkway, tree
lawn or public place or easement.
[CC 1987 §535.090; Ord. No. 243 §9, 10-9-1951]
Public utilities shall notify the City Clerk before doing any
work involving cutting of street pavement or curbing and the location
and description of the work to be done. Any public utility performing
any work shall indemnify and save harmless the City from all accidents
and damages caused by any negligence in protecting their work done
by their agents or employees, shall create no unreasonable and unnecessary
obstruction of, or damage to the streets or public grounds of said
City, and shall restore said streets or public grounds as nearly as
practicable to their former conditions within ninety (90) days, or
when so ordered by the City.
