[Amended 9-18-2018Editor's Note:
by Ord. No. 232]
A. Any person desiring to construct a street, avenue, or other public
thoroughfare across any platted but unopened right-of-way within the
City shall first obtain a written permit therefor from the City Manager.
Such a permit may only be granted if approved by the City Council
after first receiving a recommendation from the Planning Commission.
The construction of any street, avenue, or other public thoroughfare
by any person across any platted but unopened right-of-way shall also
meet with the requirements of Section 10, Structures to Have Access,
of Title XI, Special Provisions, of Appendix A of this Code, that
being the Zoning Ordinance of the City. Such permits, when granted,
shall be forwarded to the Department of Public Works Director upon
approval.
B. It shall be unlawful for any gasfitter, plumber, sewer digger, mason,
or other person, except the Department of Public Works Director or
Water Department Superintendent and employees of the City under the
direction of the Department of Public Works Director or Water Department
Superintendent, to dig any trench or make any other excavation in
or under, or to remove any earth from any street, alley, sidewalk
or public place in the City, or to contract for such work to be undertaken
or direct any person to perform such work for the purpose of laying,
moving or repairing any gas or water pipes, or for the construction,
laying, repairing or attaching any private drain to any public storm
sewer, or for the purpose of laying any underground fixture for conducting
fluids for drainage, or for the purpose of attaching or detaching
any such sanitary or storm sewer, gas or water pipe, or for any other
purpose whatsoever, without first obtaining a permit therefor or being
in the employ of the City or of such person having such permit.
Any person desiring to dig, excavate or trench in any street,
alley, sidewalk or public place in the City shall make an application
to the City Manager for a permit to do so. The permit shall show the
location of the excavation and state the purpose of the excavation.
Permit fees for street opening permits shall be as set by resolution
of the City Council from time to time.
Any person to whom an excavation permit has been issued under
this article shall promptly complete the work and restore the street,
alley, sidewalk or other public place in a good and workmanlike manner
safe and convenient for public use.
Where an excavation or a trench is made, in an unpaved street
or alley, the top dressing shall be kept separate from the rest of
the excavation and shall be used on the top of the backfilling to
provide a firm and solid surface level with the surrounding surface
of the street in a manner approved and acceptable to the department
of public works director. Additional top dressing, if needed, must
be similar in type.
Where an excavation is made in a paved or concrete street or
alley or where it is necessary to remove sidewalks or driveways, the
person holding the permit shall provide for placing a satisfactory
surface of gravel or other suitable material and maintaining the surface
at the level of the adjacent street, sidewalk or ground until such
time as permanent pavement or concrete is placed.
When suitable material for backfilling is not secured from an
excavation, other satisfactory excavated material shall be used for
backfilling the excavation. Care shall be exercised in compacting
the backfill in order to avoid settlement. The surface of a trench
shall be maintained in a satisfactory condition at the by the person
to whom the permit was issued for 30 days after completion of the
backfilling.
Any person to whom a permit has been issued under this article
shall provide for the erection and maintenance of strong and substantial
barriers around such excavation. Barricades provided for in this section
shall be protected by necessary signal lights conforming to the Michigan
Manual of Uniform Traffic Control Devices from one-half hour before
sunset until one-half hour after sunrise, and during such other times
as may be necessary to protect the public. Such barricades shall be
maintained from the time the work is started until the excavation
has been entirely completed and made safe for public use.
The person holding the permit under this article shall restore
the pavement, concrete or ground to the satisfaction of the City.
The person holding the permit under this article shall bear all costs
related to such.