[Ord. No. 631, 2-9-1983; CC 2000 §13-101]
It shall be unlawful for any person, firm or corporation to cut any sidewalk or pavement or make any excavation in any of the streets, alleys or other public grounds in the City for the purpose of laying, repairing or removing any pipes, underground wires or other conduits or for any other purpose not specifically mentioned herein, unless such person, firm or corporation shall have obtained first a permit from the Public Works Department of the City.
[Ord. No. 631, 2-9-1983; CC 2000 §13-102]
A. 
The following person, firm and corporation shall be eligible to secure permits to cut sidewalks or pavements and to make excavation in the streets, alleys and other public grounds in the City:
1. 
Any public utility corporation having a franchise to operate in any street, alley or other public grounds of the City.
2. 
Any other person, firm or corporation, provided such other person, firm or corporation shall first file and maintain with the City Clerk a surety bond in the sum of two thousand dollars ($2,000.00) as hereinafter provided, the bond herein above required shall be approved by the Governing Body of the City as to surety and by the City Attorney as to form and shall be conditioned that the principal therein will comply with all ordinances of the City relating to and regulating the cutting of sidewalks or pavements and the making of excavations in any of the streets, alleys or other public grounds of the City and that the principal will further hold and save the City harmless from any and all damages to persons and property resulting from or growing out of the cutting of any sidewalk or pavement or the making of any excavations in any streets or alleys or other public grounds of the City or the erection and maintenance of barricades, warning signs, etc., such liability on the part of the principal and surety to continue until a release has been received from the City as is hereafter provided. In lieu of a bond as above provided, the person, firm or corporation may deposit with the City a policy of insurance issued by a company authorized to do business in Kansas and protecting the City in all the matters and requirements of a bond as above provided, such policy to be approved by the City Attorney and the Governing Body of the City.
[Ord. No. 631, 2-9-1983; CC 2000 §13-103]
Permits hereunder shall be issued to public utility corporations having a franchise to operate in any street, alley or other public grounds of the City upon the public utility corporation's filing with the Public Works Department an application for such permit.
[Ord. No. 631, 2-9-1983; CC 2000 §13-104]
Any person, firm or corporation making excavations in any of the streets, alleys or other public grounds in the City shall at all times after such work is commenced, up to and including the time when the work is completed and the cut is released to and accepted by the City for replacement or repair as provided for in Section 515.490, maintain proper barricades, safety guards and lights for the protection of the traveling public.
[Ord. No. 631, 2-9-1983; CC 2000 §13-105]
A. 
All excavations in any used or traveled portion of any unimproved street or alley, except as provided in Section 515.240, may be backfilled with the excavated material; provided, that after completion of the backfill, it shall be compacted by rolling with heavy equipment and all surplus material shall be trimmed and removed from the line of the ditch.
B. 
It shall be the duty of any person, firm or corporation making an excavation in any of the unimproved streets, alleys or other public grounds in the City to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached final settlement.
[Ord. No. 631, 2-9-1983; CC 2000 §13-106]
A. 
The filling of all cuts or excavations made in any street, sidewalk, alley or other public place in the City shall be made by persons making the cut or excavation by the following methods:
1. 
Tunneling. Installation of utilities may be made in tunnels where approved by the Governing Body.
2. 
Boring. Street crossing may be made by boring when approved by the Governing Body.
3. 
Backfilling. Backfilling shall be done by cutting the excavation six (6) inches wide on each side of the excavation. Then the excavation may be filled with rock-free dirt and/or three-fourths (¾) inch open grade rock to a level to which shall be placed a six (6) inch concrete base with two (2) inches of finished surface. Patch shall be done with a two (2) inch hot mix asphalt.
4. 
During such backfill and resurfacing all materials shall be removed at the end of each working day and within five (5) working days after completion of pavement repairs or any portion thereof. All equipment, debris and surplus excavation materials shall be completely removed from the site in order to minimize the damage to pavement and inconvenience to the public and adjoining owners.
[Ord. No. 631, 2-9-1983; CC 2000 §13-107]
A. 
Preparation for resurfacing the cut or excavation in any street or alley in the City shall be made by the person making the cut or excavation in the following manner:
1. 
The cut through the wearing surface material shall be removed six (6) inches beyond the edges of the cut of the excavation in such manner as to leave the subgrading undisturbed.
2. 
All cuts shall be vertical and shall be made with an instrument which will produce straight, vertical lines.
3. 
Any person, firm or corporation making excavations in any of the streets, alleys or other public grounds in the City shall at all times be liable to the City for damage arising by reason of any neglect or carelessness in any respect concerning the excavation prior to the time the cut is released to and accepted by the City for replacement and repair as provided for in Section 515.490 and shall hold the City harmless from all suits or claims or judgments for damages growing out of any negligent act of commission or omission on the part of any person, firm or corporation in making street cuts, excavations, erection of barricades, lights, etc.
[Code 1974 §13-801; CC 2000 §13-108]
A. 
No person shall cut any street curbing for the purpose of constructing an entrance for a private driveway for any residence property without first securing a permit therefor from the Public Works Department.
B. 
No curb cut for such a private drive entrance shall exceed twenty-four (24) feet.
[Code 1974 §13-802; CC 2000 §13-109]
A. 
No person shall cut any street curbing for the purpose of constructing an entrance for any commercial property without first securing a permit therefor from the Public Works Department.
B. 
No curb cut for such a commercial driveway entrance shall exceed thirty-five (35) feet.
C. 
After the effective date of this Article, the construction of multiple driveway entrances from the same street to the same commercial property or tract is prohibited unless the following minimum requirements are complied with:
1. 
There shall be not more than one (1) commercial driveway entrance for each fifty (50) lineal feet of frontage on the same street.
2. 
Multiple commercial drive entrances must be separated by intervening curbing or space affording a parking area in the street of not less than twenty-five (25) lineal feet parallel to the curbing.
[Code 1974 §13-110; CC 2000 §13-110]
A. 
No driveway entrance shall be located closer than twenty (20) feet from the comer of the curbing at the intersection of any street and alley.
B. 
No driveway entrance shall be located closer than two (2) feet from the side lot lines of any residential or commercial property or tract.
C. 
Whenever any curb is cut for the purpose of constructing a driveway entrance, it shall be entirely cut and removed and the curb and gutter, if any, shall be replaced by sectional paving with expansion joints to prevent the breaking of the adjacent curb and gutter and the curb at each side of the entrance shall be replaced by a sectional curb rounded off on a radius of at least two (2) feet.
D. 
Driveway entrances shall be constructed so as not to interfere with or change the grade of any existing street or sidewalk.
[Code 1974 §13-805; CC 2000 §13-112]
Before applying to the Governing Body for a permit, the applicant must first submit a plan of such cutback and of the additional area to be devoted to parking of motor vehicles in the street to the City Planning Commission for its approval and recommendation. The Planning Commission shall endorse in writing its approval, disapproval or recommendations upon the plans and return the same to the applicant.
[Code 1974 §13-806; Code 1987; CC 2000 §13-113]
A. 
An application to the Governing Body for a permit to remove and cut back the curbing along any street for the purpose of widening the area for parking of vehicles in the street shall have attached thereto the plans submitted to the City Planning Commission together with its approval, disapproval or recommendations endorsed thereon.
B. 
The Governing Body may allow or deny the application for such permit in its discretion. If allowed, the Public Works Department shall issue such permit upon payment of the fee therefor.
C. 
The fee for such permit shall be as established in the schedule of fees as set forth in Chapter 103, which fee shall be paid to the City before any such permit is issued.
[Ord. No. 1477, 3-21-2018]
[Code 1974 §13-807; CC 2000 §13-114]
A. 
If a permit is allowed by the Governing Body, before commencing such work, the applicant shall secure detail plans and specifications for such work approved by the Public Works Department which shall provide for the cutting and setting back of such curbing, for the paving of the additional street parking area, for proper drainage in connection with the existing gutters, drains and storm sewers, if any, and for the construction of a new curbing and an estimate of the cost thereof made by the City Engineer.
B. 
Before commencing such work the applicant shall file with the City Clerk a surety company bond approved by the City Attorney in an amount equal to not less than twice the amount of the City Engineer's estimated cost of such work, conditioned that the applicant will cause the work to be done and to be completed in a satisfactory workmanlike manner in accord with the detailed plans and specifications prepared for such work by the Director of Public Works.
[Ord. No. 631, 2-9-1983; CC 2000 §13-115]
Any person, firm or corporation making any excavation in the streets, alleys or public grounds of the City without first complying with the provisions of this Article or who violates any of the provisions of this Article shall be guilty of a violation of this Article and upon conviction shall be fined in any sum not exceeding one thousand dollars ($1,000.00). Except for emergency excavations in which case a twenty-four (24) hour notice will be required.