[R.O. 2011 §400.930; Ord. No. 2006-170 §1, 12-19-2006]
A.
Adoption Of Kansas City Metro American Public Works Association's
Erosion And Sediment Control Manual.
1.
Adoption. The Kansas City Metro American Public
Works Association's Erosion and Sediment Control Manual (the "Erosion
and Sediment Control Manual") is hereby enacted and made a part of
this Chapter by reference except as to portions hereinafter specifically
deleted, clarified or amended.
2.
Adopted standards. The term "adopted standards" shall include the Erosion and Sediment Control Manual.
3.
Conflicts. If any conflict should exist between
the Erosion and Sediment Control Manual and the City Municipal Code,
the provisions of the Code shall control.
B.
Surety.
1.
All applications for a land disturbance permit shall include such
escrow, bond, insurance, affidavits, easements, etc., as described
below and as required for particular sites. The applicant shall deposit
with the City a sum equal to that which is required for assurance
of the completion of said project. The Director of Community Development
or their designees may adopt procedures, fees and schedules relating
to the payment and release of such bonds. Said escrow funds shall
guarantee the restoration, maintenance and/or rehabilitation of said
site if the project does not proceed in accordance with the plans
as approved by the City. Said escrow can be approved by the Director
or their designees and the City Attorney and drawn upon by order of
the Director or their designees if the requirements of the permit
or of this Section are not satisfied. In drawing upon such funds,
the Director may use such funds to restore the site to a stable or
finished condition or to otherwise remedy any violations, including
any costs of inspections and enforcement.
[Ord. No. 1671, 7-16-2019]
2.
In lieu of cash escrow, a bond or surety for not less than one thousand
dollars ($1,000.00) may be provided for each grading site, subject
to all the terms and conditions of this Chapter and to the approval
of the City Attorney. The amount of the bond escrow or indemnity shall
partially be based on the City's previous experience with the owner,
contractor or builders.
3.
Any portion of the deposit not expended or retained by the City hereunder
shall be refunded when the disturbance is completed and soil conditions
are stabilized to the satisfaction of the City.
C.
Standards — Safety Precaution. A permit shall be issued
and shall remain in force only upon compliance with the following
requirements:
1.
Surface waters — damage. Adequate provision
shall be made to prevent any surface waters from damaging the cut
face of an excavation or the sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever deemed necessary by the Department
of Public Works to prevent the surface of any excavation or fill from
exceeding at any point the maximum allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain
or natural watercourse as approved by the Department of Public Works
as a suitable place to deposit and receive such waters. Where possible,
water shall be dispersed by convex surfaces to dissipate water energy
and velocity and disperse volume over a greater surface area before
being carried to a storm drain or watercourse.
4.
Protection of streets and property. No excavation
shall be made so close to the property line to endanger any adjoining
public or private street without supporting and protecting such public
or private street or property from settling, cracking or other damage.
5.
Fill location. No fill shall be made so as to cause
or to allow the same to be deposited upon or to roll, flow or wash
upon or over the premises of another without the express written consent
of the owner of such premises so affected; or upon or over any public
street, walk, place or way; nor so close to the top of a bank of a
channel as to create the possibility of bank failure and sliding.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of banks, borrow pits or other approved
source. Material shall be free of vegetable matter and deleterious
material and shall not contain large rocks or lumps. Materials for
roadways are not covered by this Section as per exceptions in Section
400.260(2) Exemptions.
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows:
a.
No excavation shall be made with a cut face steeper in slope than
three (3) horizontal to one (1) vertical.
b.
No fill shall be made which creates an exposed embankment face steeper
in slope than three (3) horizontal to one (1) vertical. The embanked
end of the fill shall be uniformly compacted as provided below and
stable under the proposed conditions.
8.
Minimum standards — land disturbance. Unless modified as may be permitted in this Subsection or by provisions of Subsection (C)(9) below, minimum standards for land disturbance shall be as follows:
a.
No land disturbance shall occur within fifty (50) feet of any creek,
stream, water runoff channels or ravines or in other areas determined
by the Director of Community Development or their designees to be
highly sensitive or subject to erosion or flooding, except as necessary
for construction pursuant to an approved final development plan, special
use permit or plat specifically authorizing the modification of this
standard and necessitating exception to this minimum standard.
[Ord. No. 1671, 7-16-2019]
b.
No land disturbance shall occur on terrain that does not satisfy
the minimum standards for excavation or fill, except as necessary
for construction pursuant to an approved final development plan, special
use permit or plat specifically authorizing the modification of this
standard and necessitating exception to this minimum standard.
c.
No land disturbance shall occur on any property or lot line or within
the area of building setback required by this Chapter, except as necessary
for construction pursuant to an approved final development plan, special
use permit or plat specifically authorizing the modification of this
standard and necessitating exception to this minimum standard.
d.
No land disturbance shall occur which shall cause a nuisance to any
adjoining property owner or which shall violate any Federal, State
or local law or regulation. The Department of Public Works, in conjunction
with the Department of Community Development, shall establish regulations
for the granting of permits so as to enforce this Chapter and ensure
that any grading is completed with minimum erosion, aesthetic degradation
or other negative impact on the site or surrounding areas or the community.
[Ord. No. 1671, 7-16-2019]
e.
The Department of Public Works, in conjunction with the Department
of Community Development, shall establish such other minimum standards
as may be necessary to protect grand trees or specimen vegetation
or land features or to otherwise affect the purposes of this Section.
[Ord. No. 1671, 7-16-2019]
9.
Minimum standards — all grading.
a.
All grading shall comply with the restrictions and prohibitions set
forth in this Section pertaining to the site or development. No land
disturbance permit shall be issued on any site where there is an existing
uncured violation of any provision of this Chapter or other development
regulations of the City of Riverside.
b.
Modifications. Any party seeking a permit may request
a modification of any of the minimum standards set forth in this Section
by filing a written request with the Department of Public Works specifically
identifying:
(1)
Unique or unusual characteristic(s) of the site, not generally
applicable, that eliminate the need for full application of the standard,
or
(2)
The precise mitigation proposed that would fully rectify the
harms addressed by the minimum standard to be modified.
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The Department of Public Works may make such modification upon
a determination that such facts exist qualifying for such modification;
provided that no modification shall be permitted that shall circumvent
any other applicable regulation or the intent of these minimum standards
to eliminate the detrimental impact of grading addressed by each such
standard.
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10.
Compaction. All fills intended to support buildings
or structures, sewers and conduits shall be compacted to a minimum
of ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1775. Compaction of fills for these uses must be certified
by a registered professional engineer at the owner's expense. Frequency
of compaction tests is to be determined by the Department of Public
Works. Compaction of other fills shall be required where necessary
as a safety measure to aid in preventing the saturation, slipping
or erosion of the fill. The requirements of the Department of Public
Works for the compaction of fills shall include, but shall not be
limited to, the following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (.2) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The natural ground surface shall be prepared by removing topsoil
and vegetation and by compacting the fill upon a series of terraces.
Hillside or slope fills shall require plowing or scarification of
original ground.
c.
Grading of slopes will require silt fencing at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
d.
Grading sites will require silting basins to prevent mud from washing
onto adjacent properties.
e.
If fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
f.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. In
heavy rain, interrupted work shall not be resumed until moisture content
is satisfactory. Fill material shall not be placed, spread or rolled
while the ground is frozen or thawing.
g.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
h.
Compaction shall be by tamping, sheeps foot rollers, multiple wheel
pneumatic or other type rollers. Rolling shall be continuous until
the desired maximum density is obtained.
i.
Topsoil disturbed by grading or building operations shall be stripped
and piled for storage in an amount necessary to complete finished
grading only.
11.
Removal of timber, rubbish, etc. Timber, logs, trees,
brush, vegetable matters and rubbish of any description shall be removed
and disposed of so as to leave the disturbed area with a neat and
finished appearance. Tree stumps, masonry and other obstructions shall
be removed to the following depths:
a.
Paved areas. Two (2) feet below subgrade.
b.
Lawn areas. Two (2) feet below finished grade.
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Solid rock, shale or similar materials shall be removed to a
depth of fifteen (15) inches below subgrade for paved area and two
(2) feet below finish grade for lawn area except where it is impractical
because of rock outcropping.
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D.
Use Of Streets During Grading.
1.
Notice. At least five (5) working days prior to
the use of any street in the City by trucks or hauling or grading
equipment engaged in grading operations in the City which requires
the use of the streets of the City, the contractor in charge shall
make a written report to the Department of Public Works specifying
the kind and description of trucks or hauling or grading equipment
and the loaded and unloaded weight of trucks and hauling equipment
and the number of each and the length of time they will be required
to use the streets of the City. The contractor shall furnish the Department
of Public Works with all other information required to estimate or
determine the amount of wear and tear or damage, if any, that may
be caused to streets by such usage. Before construction actually commences
or while the work on the streets is in progress, the Department of
Public Works may require any contractor or subcontractor to post surety
bond or insurance with the City to guarantee the City for compensation
for any damage to streets, curbs, sidewalks, trees, landscaping or
other public facilities.
2.
Routes. The Department of Public Works shall, at
least two (2) working days before the commencement of work and usage
of the streets of the City, notify the contractor of the route or
routes to be used by such trucks and equipment. The contractor shall
be charged with the duty of seeing that the trucks or equipment use
only the route or routes designated by the Department of Public Works.
In the event of any emergency requiring a change in route or routes
or if the Department of Public Works finds or determines that any
route or routes so designated are not safe or that excessive damage
is being caused to any street or streets in the City by such usage
or if they find the welfare of the City so requires, they may, upon
one (1) days' notice to the contractor in writing, designate an alternate
route or routes and it shall thereupon be the duty of the contractor
to see that the trucks or equipment use only the alternate route or
routes so designated by the Department of Public Works.
E.
Conditions Of Streets.
1.
Photographs. It shall be the duty of the Department
of Public Works, immediately prior to the time of designating the
route or routes or alternate route or routes as provided herein, to
examine the condition of the streets to be used and to take photographs
of the streets showing the condition of the pavement, curbs, sidewalks
and other physical features, which shall be dated and a memorandum
made of the location shown by each photograph. Within five (5) days
after termination of the use of the streets as herein provided, the
Department of Public Works shall have additional photographs made
and proper descriptive matter included therewith.
2.
Inspection. In addition to the taking of photographs
before and after construction, the Department of Public Works shall
cause a thorough inspection to be made of the condition of the pavement
of the streets designated and used under the permit, as well as the
curbs and sidewalks, and shall make written reports of their findings,
including with their report after termination of the work their estimate
of the cost of restoring the street to its original condition as well
as any curbs or sidewalks.
F.
Damage to Streets, Curbs And Sidewalks. At the time the
Department of Public Works designates the route or routes to be used
as provided above, they shall notify the contractor that the City
will hold the contractor liable for unusual wear and tear or damage
to the streets, curbs and sidewalks resulting from such usage and
that acceptance of the route or routes by the contractor shall constitute
an agreement on their part to pay the reasonable cost of restoring
the streets, curbs and sidewalks in question to their original condition.
Within thirty (30) days after termination of the contractor's usage
of said route or routes under the land disturbance permit, the contractor
shall pay to the City an amount sufficient to reimburse the City for
the expense of restoring the streets, sidewalks and curbs to their
original condition.
G.
Construction Dirt, Debris And Noise.
1.
Barriers at construction site. After new excavation
or construction is commenced on any lot or tract of land in the City
and until sodding, planting, concreting, paving or other final surfacing
is in place which will avoid washing or spreading of dirt and mud
onto other property, sidewalks, curbs, gutters, streets and the space
between sidewalks and curbs, the owner of the property or the contractor
or builder in charge of work shall erect and maintain temporary walls
or other approved barriers to prevent such washing or spreading of
mud or dirt. At the end of each day and as required throughout the
day during the course of excavating or construction, dirt and mud
on the sidewalks, curbs, gutters and streets and the space between
sidewalk and street, resulting from work, must be removed.
2.
Removing mud from vehicle wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
their personnel with shovels or other equipment as necessary to remove
dirt from the wheels of all vehicles leaving any grading site where
mud has accumulated on the wheels, before such vehicles enter any
public or private street of the City. It shall be unlawful for any
owner, contractor or subcontractor or builder to permit any vehicles
to leave such place with mud on the wheels which is liable to be dispersed
over any public or private street of the City and it shall be unlawful
for any driver of a vehicle to enter upon the public or private streets
of the City without having removed or had mud removed from the wheels
prior to such entry. Each occurrence in which the mud is not removed
shall be a separate offense.
3.
Spilling materials on streets. The owners, contractors,
subcontractors and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle at any grading site in the City,
during construction or otherwise, shall so load the same that no portion
thereof shall be spilled or be liable to be spilled on the streets
of the City. It shall be unlawful for any such person to permit any
vehicle to enter upon the streets of the City loaded in violation
of this provision and it shall be unlawful for any driver to operate
a vehicle on the streets of the City which is loaded in such manner
that it spills or is liable to spill mud, dirt or other materials
on the streets.
4.
Boards over sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein, as completely as possible and to prevent breakage
or damage to such installations, of whatever material constructed.
Damage to walks, curbs and gutters will be repaired by the contractor
or the Department of Public Works may cause to have them repaired
at the contractor's expense.
5.
Waste material. During the course of construction
or excavation, owners, contractors and builders are required to clean
up all paper, refuse, sticks, lumber and other building waste and
all other waste material daily and to prevent the same from blowing
or otherwise being scattered over adjacent public or private property.
6.
Planting ground. Vacant property and improved property,
after grading and construction is completed, shall be sodded, planted,
concreted, paved or otherwise surfaced to avoid washing or spreading
of dirt and mud onto other property, sidewalks, curbs, gutters, streets
and the space between sidewalks and curbs prior to issuing an occupancy
permit.
7.
Grading. Grading, including operation or idling
of equipment, shall be accomplished only between the hours of 7:00
A.M. and sunset on weekdays and 8:00 A.M. and sunset on Saturdays
and Sundays, unless in the case of an emergency or a limited extension
of hours is specifically granted by the Department of Public Works.
8.
Noise. The applicant shall take appropriate measures
to reduce noise to the fullest extent practical in the performance
of the grading work.
H.
Correction Of Deficiencies.
1.
All violations shall be corrected within the time limit specified
in the issuance of a written notice to correct. Action to correct
violations which require immediate action shall be taken upon verbal
notification of the contractor by the City. All persons failing to
comply with such notice shall be deemed in violation of this Chapter.
2.
Any usage of the applicant's surety shall be followed by a written
explanation by the Director of Community Development or their designees
describing the condition corrected and the funds required to complete
the corrective action.
[Ord. No. 1671, 7-16-2019]
3.
Nothing in this Section shall prevent prosecution of violations of
this Chapter in the absence of, or in addition to, the issuance of
a notice of violation.
I.
Right-Of-Way Permit.
1.
Permit required. No person shall make or cause to
be made any excavation in any public place, street, roadway, parkway,
walkway, alley, right-of-way or easement ("public area") without first
obtaining a permit from the Department of Public Works except in case
of public work done by the employees of the City or by any contractor
under contract with the City. Each separate and distinct excavation
shall require a separate permit. This Subsection shall apply to all
persons and to all private, public and municipal corporations.
2.
Emergency work. In cases where public health or
safety is in danger or whatever excavations must be made on an emergency
basis to eliminate hazards to persons or to prevent interruptions
in the utility services or to restore such services after an interruption
has developed and the City is not open, the provisions of this Subsection
relating to issuances of a permit prior to 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 precede immediately. Final
surfacing or temporary patches by the contractor shall not be placed
until such time as the City has inspected and approved the backfill
and issued a permit therefore. Application for a permit shall be made
on the first (1st) day the City public works office is open after
the emergency work is commenced.
3.
Application and permit fee. Application for a permit as required above shall be made on a form provided by the City, which application shall contain information regarding the purpose, location and the 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 complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be as stated in Section 400.1110 Schedule of Fees.
4.
Posting insurance. Before any 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 in Subsection (I)(5) of this Section.
5.
Deposit. The application for a permit shall, in lieu of or in conjunction with the surety required by Subsection (B) of this Section, include a cash deposit to insure the applicant will backfill the excavation, repair the pavement and restore the site in compliance with this Section.
a.
The approximate cost of granular backfill, repaving operations and
general site restoration to be performed by applicant desiring to
make an excavation will be estimated by the Department of Public Works
at the time the application for a permit is submitted and the cost
so estimated shall be deposited with the City. The amount of the deposit
shall be reasonably sufficient to secure the City against any damage
or expense which may result from the applicant's failure to comply
with the provisions of this Section. The amount of such deposit shall
be based upon the location, purpose and extent of the work. However,
the minimum amount of deposit shall be one hundred dollars ($100.00).
The maximum deposit shall not exceed five thousand dollars ($5,000.00),
except where unusual circumstances exist.
b.
Utility companies, contractors performing excavations under contract
for utility companies or other governmental agencies are not required
to provide a cash deposit.
c.
Each permit shall have a separate cash deposit to guarantee backfilling,
paving and site restoration in accordance with this Section.
d.
The applicant is responsible for maintenance of the excavation for
one hundred eighty (180) days. Settlement of the excavation or cracking,
breaking or rutting of the surface shall be prima facie evidence of
improper backfill, which shall be replaced by the applicant or by
the City with the cost paid out of the deposit.
e.
If the work is completed satisfactorily, the deposit shall be refunded
to the applicant within fifteen (15) days of the final inspection
by the Department of Public Works. The contractor is responsible for
notifying the Department of Public Works of final completion of work.
The final inspection will not be performed until the one hundred eighty
(180) day maintenance period is over.
f.
In the event the applicant fails to complete or correct the work
required by this Section, the City may correct or complete said work;
and the cost to the City shall be paid out of the deposit. In the
event that such deposit is insufficient to pay for the City's cost
or if no deposit was retained, the applicant shall pay the excess
cost to the City within thirty (30) days. Failure to pay said costs
shall constitute cause to deny future applications for grading or
excavation until any default is fully cured.
g.
Failure of the applicant to call for the final inspection within
one (1) year of the issuance date of the permit shall result in the
deposit being forfeited by the applicant and said deposit shall be
paid to the City Treasury as general revenue.
6.
Liability insurance or bond. 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 arising out of or on account of excavation work
on account of or in consequence of any neglect in safeguarding the
work. Such insured 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 they 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.
7.
Manner of making excavations.
a.
In the making of excavations in any street or public space, the excavated
materials from the trenches shall be placed where they will cause
the least possible inconvenience to the public. If the excavated material
is waste material, it shall be immediately removed from the site.
b.
The width of excavation shall be no greater than is 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. Excavations
shall be made in accordance with City, County, State and Federal regulations.
c.
Adequate provision for proper drainage of the area surrounding the
work shall be maintained at all times.
d.
At no time shall the maximum length of an open trench be permitted
to exceed five hundred (500) feet.
e.
No trench or pit shall be permitted to remain open without work actually
in progress at each specific location for a period in excess of three
(3) full working days, Saturdays, Sundays and legal holidays excepted.
f.
Excavations shall be covered or fenced when work is not in progress.
Excavations in roadways shall be backfilled or covered with steel
plates at the end of the workday to allow traffic to safely cross
over the excavation.
g.
When a roadway is partially blocked by the excavation work, the applicant
shall provide a flag person to direct traffic safely through the excavation
site. Roadways shall not be closed except upon approval by the Department
of Public Works after an approved detour has been established and
properly signed and after the Police and appropriate Fire Department
have been notified.
8.
Manner of backfilling, repaving and site restoration.
a.
Excavations made in or under the street, walk or driveway pavement
shall be backfilled with granular material thoroughly tamped into
place and the pavement surface restored. In such locations, excavated
materials shall be removed from the site of the work as the excavation
is made and no such materials shall be allowed to accumulate on the
site.
b.
Substitution may be made for granular backfill or pavement restoration
only with the specific approval of the Department of Public Works
in each instance.
c.
Approved granular backfill material shall be composed of one (1)
inch minus crushed stone or gravel and sand, free from clay lumps
and trash and conforming to industry standards for sieve analysis.
d.
The granular backfilling material shall be at the excavation site
at the time of the inspection by the Department of Public Works so
they can determine compliance with aggregate specifications. Granular
backfill shall be placed in horizontal layers not greater than six
(6) inches thick before compaction 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.
During placement, care shall be taken to avoid undue segregation of
coarse and fine particles.
e.
Asphaltic concrete pavement, macadam pavement or bituminous pavement
shall be restored as follows:
(1)
Excavation edges shall be cut straight to a minimum depth of
two (2) inches and squared with a concrete saw. The edge shall be
primed and an asphaltic concrete, as approved by the Department of
Public Works, shall be placed on the compacted backfill. The depth
of asphaltic concrete shall be eight (8) inches placed in layers not
greater than three (3) inches nor less than one (1) inch. Each layer
shall be thoroughly compacted and the surface shall be smooth and
free of ruts matching the existing pavement to support traffic without
rutting or settling.
f.
Concrete pavement shall be restored as follows:
(1)
Excavation edges shall be straight, cut full depth and squared
with a concrete saw or replaced to a joint. A six (6) sack Portland
cement concrete shall be placed on the compacted backfill. The concrete
thickness shall be seven (7) inch minimum. The concrete surface shall
be finished to match the surrounding finishes. The concrete shall
be protected from traffic for seven (7) days.
g.
Curbs shall be restored as follows:
(1)
The existing remaining curb shall be cut straight with a concrete
saw or removed to a joint. The new curb shall match (asphaltic concrete
or Portland cement concrete), shape and style of the existing curbs.
Concrete curbs shall be reconstructed with six (6) sack Portland cement
concrete.
h.
Excavations in parkways outside of the paved area may be backfilled
with earth and all grassed areas returned to their original condition
by sodding or seeding as directed by the City. Earth backfill is to
be placed and compacted in the same manner as described in this Section
for granular fills or thoroughly jetted to obtain maximum settlement
and shall be maintained by the applicant until the areas has been
stabilized in the original condition. As soon as the excavation has
been backfilled, all excess excavated materials shall be removed from
the area and disposed of.
9.
All work shall be guaranteed from defects for a period of one (1)
year after the inspection.
10.
Inspection of backfill material and pavement replacement. Backfill material must be approved by a City Inspector. In the event
backfill material is not approved by the City, all such backfill must
be removed and replaced under a City Inspector's supervision. Pavement
shall be replaced only upon inspection by the City.
11.
Interference with traffic and driveways — restoration
of surfaces. All excavations regulated by this Section 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 such excavation
shall be restored, replaced and repaired to as good condition as they
were before such excavation was made.
12.
Barricades, signs, lights and warning signals. 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 advise, warn
and protect the public from the hazards arising from the operation.
All traffic control devices shall be in accordance with the Manual
on Uniform Traffic Control Devices as published by the Federal Highway
Administration.
13.
Protection of public as to excavations near public ways. 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.
