[CC 1974 §24-48; Ord. No. 585 §1, 5-16-1960; Ord. No. 1331 §2, 4-13-1988; Ord. No. 1519 §1, 6-8-1994]
A.
It
shall be unlawful for any person to dig, excavate, tear up or open
holes, pits or trenches in any of the public streets, highways, alleys
or public easements within the corporate limits of the City of Richmond
without first obtaining a permit and authority from the Director of
Public Works authorizing such person to do so. The fee for each such
permit issued under this Article shall be as detailed in the City's
Comprehensive Fee Schedule, held on file in the City offices. Each
excavation for which a permit is granted under this Article shall
be completed within fifteen (15) working days from the date of the
issuance of the permit therefor and, in the event of default thereof,
a new permit shall be required before the excavation is made.
[Ord. No. 2569, 4-26-2022]
B.
All
excavations and street openings shall be opened and repaired in the
following manner:
1.
The excavations or openings shall be made as uniform as possible
and the outline of the excavation shall be sawed.
2.
All excavated materials shall be removed and disposed of, provided
however, that any opening or excavation behind the curb may utilize
the excavated materials as backfill if such procedure is approved
by the Community Development Director and/or Director of Public Works.
3.
All excavations and openings in streets shall be backfilled with
crusher-run limestone of a size zero (0) to one and one-quarter (1¼)
inch. Provided however, that backfill behind the curbs may be of suitable
soil, subject to the approval of the Community Development Director
and/or Director of Public Works. All backfill shall be compacted to
the specifications and satisfaction of the Community Development Director
and/or Director of Public Works. All such excavations and the backfill
of thereof shall be inspected by the Community Development Director
and/or Director of Public Works prior to the paving and final repair
of such excavation.
4.
All streets shall be sawed and excavated in accordance with (3) above
to a depth of six (6) inches. Concrete shall be placed on top of crusher-run
limestone to a smooth finish (broom finish) and crack sealer used
on the seams. Cold asphalt may be used only in an emergency situation
and on a temporary basis for just cause.
[CC 974 §24-49; Ord. No. 585 §1, 5-16-1960; Ord. No. 1116 §I, 4-8-1981; Ord. No. 1222 §2, 8-15-1984; Ord. No. 1267 §2, 3-19-1986; Ord. No. 1331 §3, 4-13-1988; Ord. No. 2508, 2-11-2020[1]]
A.
No
permit shall be issued pursuant to this Article until the applicant,
except for a utility company, therefor submits a cash deposit, a cash
performance bond, a surety bond, or a letter of credit acceptable
to the City Attorney and submitted to the City Clerk in the amount
as detailed in the City's Comprehensive Fee Schedule, held on file
in the City offices.
[Ord. No. 2569, 4-26-2022]
B.
In
the event the applicant provides the financial security required by
this Section by a cash deposit, said funds shall be provided in the
form of a personal check, cashier check, certified check, or money
order. Upon receipt by the City Clerk, said funds shall be promptly
deposited by the City Collector in the City Treasury.
C.
In
the event the applicant is a utility company, no permit shall be issued
pursuant to this Article until the applicant therefor submits and
continuously maintains a cash performance bond, a surety bond, or
a letter of credit, acceptable to the City Attorney and submitted
to the City Clerk in the amount as detailed in the City's Comprehensive
Fee Schedule, held on file in the City offices.
[Ord. No. 2569, 4-26-2022]
1.
After the bond or letter of credit provided for in this Section is
made by an applicant and in the event the City is required to use
any part thereof, said applicant shall not be entitled to any further
permits until such bond or letter of credit is restored to the originally
required amount.
[1]
Editor's Note: Ord. No. 2508 also changed the title of this
Section from "Performance Bond Required" to "Financial Security Required."
[CC 1974 §24-50; Ord. No. 585 §2, 5-16-1960; Ord. No. 1222 §3, 8-15-1984; Ord. No. 1331 §4, 4-13-1988; Ord. No. 2508, 2-11-2020]
A.
Any
person, corporation or entity desiring to excavate upon, at or along
any City street, highway, alley or public easement or to dig therein
or thereon to make any hole, pit or trench in said street, highway,
alley or public easement shall notify the Director of Public Works
in writing of his/her intention to do so at least forty-eight (48)
hours before the proposed action is to be undertaken. Said application
shall be in writing and signed by the person or corporation agent
who is to do the actual work and signed by the owners of the property
for whose benefit said work is to be undertaken. All owners of the
property shall join and execute such application. Said application
shall describe the proposed work to be performed. The Director of
Public Works may promulgate forms to provide information necessary
to determine whether to issue the permit.
B.
Notwithstanding the provisions of this Section, in the event of an emergency caused by a telephone or powerline break, sewer or water line break or gas line break, affecting service or resulting in major failure of service, where it is essential for the protection of public property, health and safety, it shall be permissible to conduct excavations in the roadway of any street of the City, provided that the work is prosecuted continuously until the period of emergency has terminated, whereupon the provisions of this Chapter 510, Article II, shall again become effective. The Director of Public Works shall be the person responsible for declaring when such emergency has terminated. The Police Department and Director of Public Works shall be promptly notified of any emergency work performed hereunder on any City street. Any cash deposit, bond, or letter of credit required herein shall be deposited with the City Clerk on the next business day following the occurrence of such emergency.
[CC 1974 §24-51; Ord. No. 585 §3, 5-16-1960; Ord. No. 1222 §4, 8-15-1984; Ord. No. 1331 §5, 4-13-1988; Ord. No. 2508, 2-11-2020]
It shall be the duty of the Director of Public Works to make
a survey of a proposed excavation project and determine the feasibility
of the opening, digging or excavating; and if he/she is satisfied
that the same is necessary and reasonable, he/she shall authorize
the Director of Community Development to issue a permit for the work
to be done, provided any person desiring to do such work has first
deposited the necessary cash deposit, bond, or letter of credit with
the City Clerk; and furthermore, provided that all necessary safeguards,
lights, warning signals, blockades and signs for the welfare and protection
of the public at large shall be maintained as ordered and directed
by the Director of Public Works. Any permit that is issued shall describe
the method to restore any street, alley, highway or public easement
to its prior condition.
[CC 1974 §24-52; Ord. No. 585 §4, 5-16-1980; Ord. No. 1222 §5, 8-15-1984; Ord. No. 1331 §6, 4-13-1988; Ord. No. 2508, 2-11-2020]
If private individuals, business entities or corporations are
to do the actual work of excavating or digging holes, trenches or
openings in any street, highway, alley or public easement, they shall
restore said highway, street, alley or public easement into a good
condition by filling and closing the hole, trench or opening immediately
following the fulfilling of the purpose for which it was opened. The
Director of Public Works shall determine the proper method to restore
the street, highway, alley or public easement, and the time limit
within which such restoration shall be done, and shall be advised
in advance when the work is to be performed. Furthermore, the making
of any cut or excavation, the placing or repairing of facilities therein
and the refilling of the cut or excavation shall be done as expeditiously
as possible consistent with good construction practice and if the
same is not so done, in the opinion of the Director of Public Works,
the Director of Public Works shall have the right to perform or cause
to be performed the remaining work and to charge the costs thereof
against the cash deposit, bond, or letter of credit of the person
to whom the permit was issued.
If any hole, trench or excavation is not completely filled,
closed and restored to as good a condition as originally within the
time limit established by the Director of Public Works but no later
than thirty (30) to forty-five (45) days after completion of the excavation,
then the Director of Public Works is hereby authorized to complete
the work of filling and closing said hole, trench or excavation, and
the Director of Public Works shall deduct the cost of the refilling
and closing of said hole, trench or excavation, necessary to restore
the street, highway, alley, or public easement to a satisfactory condition,
from the cash deposit, bond, or letter of credit originally given
by the person performing the work and return the balance of the cash
deposit, bond, or letter of credit to said person.
[1]
Editor's Note: Ord. No. 2508 also changed the title of this
Section from "Failure to Restore Surface — Work to Be Done by
City — Cost to Be Charged Against Bond" to "Failure to Restore
Surface — Work to Be Done by City — Cost to Be Charged
Against Cash Deposit, Bond, or Letter of Credit."
[CC 1974 §24-54; Ord. No. 1512 §§1 — 2, 10-13-1993]
A.
It
shall be unlawful for any person, firm, corporation or any representative
of any and all public and private utility companies to allow the installation
of overhead utility lines, whether service lines or distribution lines,
within the City.
B.
Any
person, firm or corporation or representative of any utility company,
public or private, found to be in violation of allowing the installation
of overhead service or distribution lines within the City shall be
found guilty of a misdemeanor, punishable by a fine not to exceed
five hundred dollars ($500.00) and or imprisonment not to exceed three
(3) months, or by both such fine and imprisonment. Each day violation
occurs shall constitute a separate violation; and fines and imprisonment
shall run concurrently according to the number of violations.
