Cross Reference — Excavations for septic tanks, §705.380.
[Code 1962 §27-15; CC 1979 §26-24; Ord. No. 98-19 §II, 7-7-1998]
A. 
Issuance. The City Inspector shall issue an excavation permit if the proposed excavation is for a proper purpose and will be made properly and if the required deposit has been filed with the City. Generally excavations are strongly discouraged. Excavations should be made as the last resort.
B. 
Definitions. Whenever the word "street" or "highway" appears in this Article, it shall be construed to include all streets, highways, alleys, sidewalks and other public grounds in the City.
[1]
Cross Reference — Rules of construction and definitions generally §100.020.
[Code 1962 §27-19; CC 1979 §26-25; Ord. No. 98-19 §II, 7-7-1998; Ord. No. 66-2016, 7-19-2016; Ord. No. 605-2025, 3-18-2025]
A. 
Street Cut Deposit — Required.
1. 
The City Inspector, upon receiving an application for a permit to make an excavation in a street, sidewalk, alley, or other public way, shall note the condition of the way, the City shall present the same to the applicant, and require of the applicant a minimum cash deposit in the amount of one thousand one hundred fifty dollars ($1,150.00). The deposit amount will be used by the City to repair and restore the way excavated to City specifications using the City selected contractor. The deposit amount may be increased at the discretion of Public Works based on the size of cut, location, materials needed for repair, the cost of the City for the City selected contractor.
2. 
After the excavation has been made and the applicant has completed the work to be done in the excavated area, the City will select a contractor to repair and restore the location to its normal condition. If the repair and restoration costs exceed the amount of the initial deposit, then the applicant shall be required to deposit additional monies with the City. If the amount deposited exceed the costs for repair and restoration, then the remaining deposited amount, less fifty dollars ($50.00) shall be refunded to the applicant.
B. 
Certificate Of Underground Hazard Insurance As Alternative.
1. 
Plumbers and drain layers doing business in the City and all telephone companies, telegraph companies, electric light and power companies, gas companies, and all other persons or companies engaged in any business or line of work necessitating the continuous making of excavations in the public streets, alleys, sidewalks, the other public ways of the City or the removal of guttering or curbing, shall execute and deliver to the City Inspector a certificate of underground hazard insurance to be filed in the City Inspector's office. Every effort shall be made by the aforementioned persons and companies to restore all sidewalks, curbs, paving and guttering, and all streets, alleys and other public ways in a careful and efficient manner to be as good and sound conditions as the same were at the time the excavation was made or any material moved therefrom.
2. 
If any plumbers, drain layers, telephone companies, telegraph companies, electric light and power companies, gas companies, and all other persons or companies who have been issued an excavation permit fail to restore streets, sidewalks, curbing, guttering or any other public ways to the satisfaction of the Street Commissioner, the Street Commissioner shall order the restoration of public ways by the City Street Department, with the cost of the restoration to be billed to the plumbers, drain layers, or companies or others listed on the certificate of underground hazard insurance on file in the office of the City Inspector.
[Code 1962 27-20; CC 1979 §26-26]
A permittee under Article II of this Chapter shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that, the City Manager may permit the closing of streets to all traffic for a period of time prescribed by him/her if in his/her opinion it is necessary.
[Code 1962 §27-21; CC 1979 §26-27]
All excavation work performed pursuant to this Chapter shall be conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen (15) feet of fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
[Code 1962 §27-22; CC 1979 §26-28]
A permittee under Article II of this Chapter shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely, or approved steel grating. Decking shall be not less than four (4) inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three (3) inches thick, twelve (12) inches wide and of adequate length, together with necessary blocking, or approved steel grating. The walk shall be not less than three (3) feet in width and shall be provided with a railing as required by the City Manager.
[Code 1962 §27-23; CC 1979 §26-29]
A permittee under Article II of this Chapter shall not interfere with any existing utility without the written consent of the City Manager and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility.
[Code 1962 §27-24; CC 1979 §26-30]
A permittee under Article II of this Chapter shall, at all times and at his/her own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission from the owner of such private property for such purpose.
[Code 1962 §27-25; CC 1979 §26-31]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate foot bridge over such excavation on the line of the sidewalk, which bridge shall be at least three (3) feet wide and securely railed on each side so that pedestrians may pass over it safely at all times.
[Code 1962 §27-26; CC 1979 §26-32]
A permittee under Article II of this Chapter shall erect such fence, railing or barriers about the site of the excavation work as will prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions.
[Code 1962 §27-27; CC 1979 §26-33]
It shall be unlawful for any permittee under Article II of this Chapter to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
[Code 1962 §27-28; CC 1979 §26-34]
All damage done to existing improvements during the progress of any excavation work pursuant to this Chapter shall be repaired by the permittee responsible therefor. Materials for such repair shall conform with the requirements of any applicable provisions of this Code or other ordinance.
[Code 1962 §27-29; CC 1979 §26-35]
No permittee under Article II of this Chapter shall disturb any surface monuments or survey pens or stakes found on the line of excavation work until ordered to do so by the Street Superintendent.
[Code 1962 §27-30; CC 1979 §26-36]
Backfilling in any street opened or excavated pursuant to an excavation permit issued under Article II of this Chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers, or by water settling, or as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be backfilled by water settling shall be based upon such engineering practices and shall be made by the Street Superintendent.
[Code 1962 §27-31; CC 1979 §26-37; Ord. No. 98-19 §II, 7-7-1998]
Upon completion of the excavation, fill excavated area with three-fourths (¾) inches concrete rock within one (1) foot of the original elevation. The remainder of the excavation shall be filled with eight (8) inches concrete, four (4) inches asphalt (hot), rolled and properly finished to make a smooth riding surface. All dirt, rock and other materials which are dug as a result of the original excavation shall be hauled off and shall not be replaced in the excavation.
[Code 1962 §27-32; CC 1979 §26-38]
The Street Superintendent shall make such inspections as are reasonably necessary in the enforcement of this Article. The City Manager shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Article.
[1]
Cross Reference — Licenses and miscellaneous business regulations, ch. 605.
[Code 1962 §27-16; CC 1979 §26-47]
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose, or to place, deposit and leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the City as provided by this Chapter.
[Code 1962 §27-17; CC 1979 §26-48]
No excavation permit required by this Article shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Collector and approved by the City Manager. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the City Manager. The City Manager may require the application to be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to such excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the City Manager.
[Code 1962 §27-18; CC 1979 §26-49]
No permit shall be issued under this Article by the City Collector except to those persons licensed by the City as contractors, plumbers or electricians when work is being done for hire.