[R.O. 2010 §§535.060, 535.230(D); C.O. 1948 c. 7 §§2-1 — 2-4; CC 1970 §§28-6, 28-23; Ord. No. 876 §1, 1-13-1950; Ord. No. 1245 §1, 5-24-1961]
As used in this Article, the following terms shall have these prescribed meanings:
STREET OR DRIVE
For the purposes of this Article, shall be considered to be that portion set aside for a thoroughfare over which pedestrians, private or public vehicles may pass inclusive of walk or grassed area between walk and paving and between walk and private property, whether public or private, and consisting of a combination of road and utility easements.
CONSTRUCTION
As used in this Article, is more particularly described as and is intended to refer to the following types of construction done on any public street or easement:
Street construction, driveway construction (that part of the driveway which is located on public property); breaking of any street curb; construction of sidewalks (whole or in part); construction of any retaining wall; construction of any fence or setting of any posts of any type or construction; grading on public or private property where public street is used or crossed; construction of any storm or sanitary sewers located in any public street or easement; relocation of any storm or sanitary sewer; connection with any storm or sanitary sewer; or any type of work of any kind whatsoever done on any street or easement.
[R.O. 2010 §535.240; CC 1970 §28-24; Ord. No. 1245 §2, 5-24-1961]
Every person before making any excavation or construction for any purpose whatsoever in the streets or drives, alleys or other public places in the City, shall procure from the City a permit, which permit shall only be granted when in the opinion of the City the excavation requested is necessary. Each separate and distinct excavation shall require a permit. Such application shall describe the work to be done and the size and location of any proposed excavation.
[R.O. 2010 §535.250; CC 1970 §28-25; Ord. No. 1245 §3, 5-24-1961; Ord. No. B06-04 §1, 5-17-2004]
A. 
A permit under this Article shall be issued by the City Administrator upon receipt of:
1. 
A written request.
2. 
A fee of fifty dollars ($50.00) paid to the City General Revenue Fund.
3. 
A deposit of one thousand dollars ($1,000.00) for each separate and distinct excavation.
4. 
Proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work.
B. 
In lieu of a deposit by cash or cashier's check, the person making the excavation may post a surety bond or escrow agreement, to be approved by the City, which bond or escrow agreement will ensure to the City that the backfill and resurfacing provided for in this Article will be completed by the person making the excavation by the completion date as set forth on the permit. If the backfilling and resurfacing are not completed within the specified completion date, the City may use the deposit bond of this escrow agreement or any necessary portion thereof to complete the backfilling and resurfacing. The provisions of this Section do not apply to the Metropolitan Sewer District.
[R.O. 2010 §535.260; CC 1970 §28-26; Ord. No. 1245 §4, 5-24-1961]
The deposit, less inspection fee, shall be refunded to the one making the same after the completion of the backfilling on such excavation and notice to City of the same and no sooner than sixty (60) days or more than six (6) months from such time, at the discretion of the City Administrator; provided, that the excavation has been properly refilled and resurfaced; otherwise, the City Administrator is hereby authorized to declare the deposit forfeited in full to the City and to use the same or so much thereof as necessary to refill and resurface the excavation and restore the street or drive, alley, walk or grassed area to its former condition.
[R.O. 2010 §535.270; CC 1970 §28-27; Ord. No. 1245 §5, 5-24-1961]
A. 
The work considered in this Article shall be carried out in such a manner as to result in:
1. 
Minimum interference and maximum safety to traffic flow during the work.
2. 
Minimum damage to wearing surface, base courses and shoulder areas.
3. 
Minimum settlement of trenches after backfilled.
4. 
Minimum maintenance of damaged surfaces and base courses after replacement.
[R.O. 2010 §535.280; CC 1970 §28-28; Ord. No. 1245 §5, 5-24-1961]
Open cut excavations in streets or drives, alleys or other public places in the City shall be carried out at such time and the person shall conduct his/her entire construction operation in a manner that will result in a minimum of interference to traffic flow at all times. When crossings of streets or drives are to be made in open cut, a construction schedule shall be submitted to the City Administrator for his/her approval before commencing any of the work. Such schedule shall describe in detail the method of operation, the time limit of each operation, proposed detours for traffic and expected time of completion.
[R.O. 2010 §535.290; CC 1970 §28-29; Ord. No. 1245 §5, 5-24-1961]
During the progress of the work, the person making the excavation shall maintain suitable barricades and warning lights for the safety of the public, as required by law or as ordered by the City, and shall take all necessary precautions to prevent accidents.
[R.O. 2010 §535.300; CC 1970 §28-30; Ord. No. 1245 §5, 5-24-1961]
In order to minimize the extent of damage to wearing surfaces, base course and shoulder area, the width of the excavation shall be kept to a minimum, the width of sewer trenches shall not under any circumstances exceed the allowable payline width as set forth by the Metropolitan Sewer District, and sheathing and bracing shall be used as necessary on any excavation to keep the sides of the trench vertical. Adequate provisions for proper drainage of the area surrounding the work shall be made.
[R.O. 2010 §535.310; CC 1970 §28-31; Ord. No. 1245 §5, 5-24-1961]
A. 
In making excavations in any street or public place, the excavated material from the trench shall be placed where it will cause the least possible inconvenience to the public. Excavations made in or under the paved areas of the street, paved driveways, sidewalks and paved shoulder areas shall be backfilled with granular material and excavated materials in these areas 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. 
After the pipe or conduit has been properly placed, backfill to a depth of one (1) foot above the extrados, as required by the Metropolitan Sewer District, shall be made.
C. 
In all areas which do not require granular backfill, job excavated material may be used. It shall be free from debris, organic matter, perishable compressible materials and shall contain no rock or lumps or stone fragments larger than four (4) inches, nor be in such amount that will interfere with the consolidation properties of the fill material. Care shall be taken that stones, rocks or lumps shall be kept separated. Such fill shall be placed in layers not to exceed six (6) inches in depth and each layer shall be compacted with mechanical tampers.
D. 
Granular backfill shall consist of molder's sand which is free from excessive amounts of consolidated masses, and unwashed river sand. Granular backfill shall be free from wood, paper, cans, ashes or other weak and unstable, perishable materials and from such quantities of clay or loam, either finely divided or in lumps, as will interfere with free flowing and compacting properties of the composite fill.
E. 
Other types of granular backfill material may be used only upon approval of the material by the City, samples having been furnished, and the City may reject this or any type of granular backfill during the process of the work if in the opinion of the City, it is not of such quality to be acceptable.
F. 
Pea gravel or similar granular materials approximately uniform in size and without bonding properties, shall not be used.
G. 
Granular backfill consisting of unwashed river sand or spent molder's sand shall be consolidated by inundation with water, using flooding and poling, jetting and immersion type vibrators, or by any other method which achieves thorough compaction, however should thorough compaction not be achieved, then consolidation by inundation with water shall be required.
H. 
If granular backfill material other than sand or spent molder's sand is used, it shall be placed in the trench in layers not more than twelve (12) inches in thickness, before compaction, and thoroughly compacted with suitable mechanical tampers.
[R.O. 2010 §535.320; CC 1970 §28-32; Ord. No. 1245 §5, 5-24-1961]
A. 
All paving for streets, shoulders, alleys, driveways, sidewalks, etc., either removed or damaged by the excavator in his/her operations, shall be replaced in a condition at least equal to its original state. This replacement shall include the replacement of all base courses, curb and other incidental items. Asphalt type pavements shall be replaced with a macadam base course, a minimum thickness of seven (7) inches after thorough compaction and covered with a minimum thickness of two (2) inches, of an approved bituminous type surface material (surface material shall conform in kind to that existing) finished off and compacted level and flush with the existing paving. Cement concrete pavements shall be replaced with a concrete (Class A) slab of the thickness of that removed, but in no case less than six (6) inches, finished off level and flush with surrounding existing pavements.
B. 
In grassed areas the sod shall be removed in such manner that after backfilling is accomplished, the top six (6) inches being good, clean dirt, it may be replaced, watered and rolled in such a manner as to give, as near as practicable, an undisturbed appearance.