[CC 1984 §25-26; Ord. No. 5-88 §1, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009]
No person shall make or cause to be made any cuts or excavations
in, through or under any street, sidewalk, alley or public place in
the City for any purpose whatsoever without a permit therefor being
first obtained from the Building Inspector, which permit shall not
be issued until the applicant has complied with the Sections of this
Article requiring payment of a fee therefor.
[CC 1984 §25-27; Ord. No. 5-88 §2, 6-16-1980]
A. All
applications for a permit under the provisions of this Article shall
be signed by the person, or his/her duly authorized agent, who desires
to do the work designated in the application. No such application
shall be assignable and no person shall allow his/her name to be used
to obtain a permit for any other person.
B. The
applicant for permit shall designate on the map, or diagram placed
upon the back of the application, the location of the proposed cut
or excavation to be made in such a manner that the house number or
lot number in front of which and the side of the street upon which
the same is to be made shall be plainly indicated. The map or diagram
shall also show the dimensions and character of the proposed cut or
excavation, as well as the method and character of the proposed repavement
or resurfacing of the proposed cut or excavation.
C. Applications
shall be submitted to the Building Inspector.
[CC 1984 §25-28; Ord. No. 5-88 §3, 6-16-1980; Ord. No. 5-88A §1, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010; Ord.
No. 15-13, 5-23-2022]
A. The
permit fee is set as follows:
Fee
|
Amount
|
---|
Excavation Permit Fee (Paved Street), plus;
|
$250.00
|
Degradation Fee
|
(Linear feet of the perimeter of the cut) x ($1.25) x (Number
of years to next overlay as determined by the Public Works Director
or his/her authorized designee)
|
Excavation Permit Fee (Sidewalk)
|
The sum of two hundred fifty dollars ($250.00), plus the market
price for labor and materials plus one dollar ($1.00) per square foot
of the estimated planned excavation greater than twenty-five (25)
square feet, all non-refundable, shall be charged for each permit
issued under the Article.
|
a.
|
Exception: Emergency repairs of existing residential water or
sewer lateral lines resulting in street cut. The sum of two hundred
fifty dollars ($250.00), plus the market price for labor and materials
plus one dollar ($1.00) per square foot of the estimated planned excavation
greater than twenty-five (25) square feet, all non-refundable, shall
be charged for each permit issued under the Article. If the actual
area of repair is greater than what is estimated, the permit holder
shall pay difference.
|
b.
|
Any street cut that results in the degradation of twenty-five percent (25%) or more of a paved City street or alley along a block, as defined in Section 426.010, or of any two hundred fifty (250) foot reach of street in which the street cut was made, shall require the entire length of street along the block, or the entire reach to be replaced to the satisfaction of the Public Works Director, including, but not limited to milling and overlay, in its entirety, as soon as reasonably possible. The cost of said replacement shall be the responsibility of the permit holder.
|
[CC 1984 §25-30; Ord. No. 5-88 §5, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009]
Each cut or excavation for which a permit is granted under this
Article shall be completed within fifteen (15) days from the date
of issuance of the permit therefor and, in the event of default thereof,
a new permit shall be required before the cut or excavation is made.
An extension of time of fifteen (15) additional days, if requested,
may be granted by the Building Inspector for good cause shown.
[CC 1984 §25-31; Ord. No. 5-88 §6, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009]
A. Barriers, Lights Required. Any person who shall for any
purpose make or cause to be made any excavation in, upon, under or
adjoining any street, sidewalk, alley or other public place and who
shall leave any part or portion thereof open or shall leave any part
or portion thereof obstructed with rubbish, building or other materials
during the daytime or nighttime shall cause the same to be enclosed
with good, substantial and sufficient barriers. Post-mounted, flag
tree-mounted or barricade- mounted temporary traffic signs shall be
placed along the right pavement shoulder an adequate distance prior
to the street excavation or obstruction to provide ample motorist
warning of such street work. Temporary traffic control signs shall
have a black legend and border with an orange, fluorescent red-orange
or fluorescent yellow-orange background in accordance with the Federal
Highway Association's latest edition of the Manual of Uniform Traffic
Control Devices (MUTCD). Traffic control signs shall be consistent
with the MUTCD sign codes W20-1, Road Work (with distance); W21-1,
Workers; W21-1a, Workers (Symbol); W21-7, Utility Work Ahead, or as
necessary for ample motorist acknowledgment of the pending street
work activity. For excavations, street cuts or obstructions less than
ten (10) feet in length, channelizing devices such as MUTCD standard
traffic drums, tubular markers, vertical panels or reflective cones
shall be securely and conspicuously placed in or near the street obstruction.
For excavations, street cuts or obstructions greater than ten (10)
feet in length, a MUTCD Type III barricades (forty-eight (48) inches
wide minimum), with amber warning light, shall be securely placed
for each ten (10) feet in length of street obstruction or portion
thereof. Each light required shall be kept flashing or burning during
the entire period from the time of the opening of the excavation or
cut until the excavation has been properly resurfaced or repaved and
opened for travel. The maintenance of these barricades or lights in
and around excavations during the entire period is the sole responsibility
of the person making the cut or excavation.
B. Work To Be Done With Dispatch. The making of any such cut or excavation, the placing or repairing of facilities therein, the refilling of the cut or excavation, and the repaving or resurfacing of any cut or excavation shall be done as expeditiously as possible consistent with good construction practices, and if the same is not so done, in the opinion of the Public Works Director, Street Superintendent or their designee, the Public Works Director, Street Superintendent or their designee shall have the right to perform or cause to be performed the remaining work necessary and to charge the cost of labor and materials thereof of the person to whom the permit was issued, with payment for any such cost to be made and enforced in the manner described in Section
510.190.
[CC 1984 §25-32; Ord. No. 5-88 §7, 6-16-1980; Ord. No. 5-88A §2, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]
A. Compliance With Permit Required. The person making a street
cut or excavation shall perform it in the manner designated on the
permit obtained for that purpose. When possible, street surface cuts
shall be saw cuts, made at right angles, parallel and transverse with
the street driving surface. When impractical to provide right angle
street surface cuts, the street surface shall be saw cuts, made parallel,
or as approved by the Public Works Director, the Street Superintendent
or their designee.
B. Authority To Regulate Hours Of Work. The Public Works Director,
Street Superintendent or their designee is empowered to require that
any operation which seriously interferes with the movement of traffic
on any street be conducted on a continuous basis or that the operation
be discontinued in order that interference with the proper and safe
movement of traffic may be eliminated at the earliest possible time.
C. Emergency Authority. Notwithstanding the provisions of this
Section, in the event of an emergency caused by a telephone or power
line 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 excavation, open manholes, backfill, repair
operations or paving in the roadway of any street in the City during
any period of the day, provided that the work is performed continuously
until the period of emergency has terminated, whereupon the other
provisions of this Section shall again become effective. The City
Administrator or his designee shall be the person responsible for
declaring when any such emergency begins and ends. The Police Department
shall be promptly notified of any emergency work performed herein
on any City street.
[CC 1984 §25-33; Ord. No. 5-88 §8, 6-16-1980; Ord. No. 5-88A §3, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]
A. Any
person who causes to be made any cuts or excavations in, through or
under any street, sidewalk, alley or public place in the City for
any purpose whatsoever shall refill all cuts and excavations according
to the following standards:
1. Refilling and resurfacing. Any City street cut on
public right-of-way shall be straight, uniform and sides parallel.
Cuts shall be neatly made with a saw and keeping the size of the opening
to a minimum. Prior to surface restoration, the pavement shall be
saw cut at right angles, parallel and transverse with the street driving
surface, when possible, or as approved by the Public Works Director,
the Street Superintendent or their designee. On concrete streets,
asphalt streets or driveways, backfill shall consist of compacted
granular material to the top of existing pavement. The person making
a street cut or excavation shall immediately contact the Public Works
Director, the Street Superintendent or their designee that the street
cut or excavation has been restored as described above. The Public
Works Director, the Street Superintendent or their designee shall
then schedule completion of the repair work, to be performed by others.
2. Substandard, deteriorated streets — large areas —
etc. Should the street be substandard or so deteriorated
that a standard repair cannot be made, the Public Works Director,
Street Superintendent or their designee or his/her designated representative
shall prescribe the appropriate repair, materials and fees. Where
cuts and excavation cover extremely large areas or are widely scattered
throughout the City, the method of charges and time limits shall be
negotiated by the Public Works Director, Street Superintendent or
their designee or his/her designated representative.
3. Refilling — failure to perform. In the event
of the failure of any person to refill any excavation as required,
the Public Works Director, Street Superintendent or their designee
shall have the right to make or cause to be made any and all refills
and to require reimbursement of the cost thereof from the person making
the excavation, with payment for any such cost.
4. Cleanup after refill. The person making any such
refill shall be required to clean up and haul away all surplus earth,
rock or rubbish within twenty-four (24) hours after the refill has
been completed, and in the event of default thereof, the Public Works
Director, Street Department or their designee shall have the right
to remove or cause to be removed any such earth, rock or rubbish,
to require reimbursement of the cost thereof from the person making
the cut or excavation, with payment for the cost of labor and materials.
5. Notice of intent to refill to be given. Any person
making a cut or excavation shall notify the Public Works Director,
Street Superintendent or their designee of his/her intention to commence
the refill of the cut or excavation at least four (4) hours prior
to the actual commencing thereof.
[CC 1984 §25-34; Ord. No. 5-88 §9, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]
A. Character — Quality Of Work. Any person making a cut,
opening or excavation in any public road, street, boulevard, alley
or any other public place shall execute the work and operation in
a complete and workmanlike manner, utilizing equipment and methods
which will cause a minimum of damage to the structural elements and
components of the pavement of the road, street, boulevard, alley or
roadway. The width of the cut or excavation shall be no greater than
that necessary for doing the work. Any person making a cut, opening
or excavation as aforesaid shall also refill and complete in a workmanlike
manner, utilizing equipment and methods which will cause a minimum
of damage to the structural elements and components of the pavement
of the road, street, boulevard, alley or roadway, and to place the
street, sidewalk, alley or public place in as nearly same condition
as immediately prior to the issuance of the permit provided for.
B. Permittee Or Person Failing To Perform To Be Liable For Payment. Any permittee or any other person who fails to comply with the provisions
of this Article shall pay to the City the cost of labor and materials
necessary to enable the City to complete the work in accordance with
this Article. It shall be the duty of the Public Works Director, Street
Superintendent or their designee to make charges for any work completed
by the City by order of the Public Works Director, Street Superintendent
or their designee for failure of the permittee or any other person
to perform the work in a timely and workmanlike manner as set out
in this Article. The Public Works Director, Street Superintendent
or their designee shall make out a list of the cost of labor and materials
necessarily expended or incurred by the City, which charges shall
be made known to the person making any such cut or excavation within
ten (10) days after the work is completed by the City. If any charge
so made by the City remains unpaid after the tenth (10th) day of the
following month, no further permits for any excavation shall be issued
to any such person until the charge has been paid. Unless any such
charges so made shall be paid within the time above mentioned, and
no further permits shall be issued to any such person. Unless any
such charges so made shall be paid within the time above mentioned,
the City Attorney may be authorized to collect any such charges in
the manner provided by law.
[CC 1984 §25-35; Ord. No. 5-88 §10, 6-16-1980]
Whenever any property owner or any person representing him/her
shall have stated in his/her application, or a permit to excavate
through or under any sidewalk, that he/she desires to repair the sidewalk
herself/herself, or by his/her representative, and that he/she will
guard the excavation or defective sidewalk, until repairs are made,
by barricades and lights, and that the sidewalks shall be repaired
within forty-eight (48) hours after the excavation through or under
the sidewalk has been completed, then the property owner or his/her
representative shall have the right to repair the sidewalk, provided
any such repairs be made under the supervision and inspection of the
City Administrator or his/her delegate.
[CC 1984 §25-36; Ord. No. 5-88 §11, 6-16-1980]
All payments of charges provided for in this Article shall be
remitted to the City Clerk to be placed to the credit of the General
Fund.