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Editor's Note: Ord. No. 1015 moved the existing material in this Chapter into Article I to allow for better structure with new material being added. At the editor's discretion, the title of this Chapter was changed from "Excavations In Public Places" to "Excavations — Rights-Of-Way Usage — Small Wireless Facilities."
[R.O. 1993 § 520.010; Ord. No. 540 § 1, 11-21-1994]
Except in case of public work done by authority of the Board of Aldermen, no person shall make or cause to be made any opening or excavation in any public street, alley, highway, sidewalk, tree lawn, parkway or public place or thoroughfare, without written permit from the City Clerk. Any person violating the provisions of this Section shall be deemed guilty of an ordinance violation and subject to punishment as provided by Section 100.220 of this Municipal Code.
[R.O. 1993 § 520.015; Ord. No. 643 § 1, 4-20-1998; Ord. No. 1163, 2-17-2025]
A. 
No trees or shrubberies may be planted or installed along any public street, alley, highway, sidewalk, tree lawn, parkway or public place or thoroughfare, without a permit as required by Section 525.010, above. The City Clerk shall maintain and make available to the public a list of tree species and other plantings which have been determined by the Board of Aldermen to be suitable for planting or installation in such areas, together with specifications as to the minimum distances between trees and other plantings, which list and specifications the Board shall prescribe and establish from time to time in consultation with such foresters, arborists, landscape architects, or other experts as the Board may determine. Any person who plants any tree or shrubbery without the permit required hereby, or contrary to the requirements of this Section, or contrary to the specifications established hereunder shall be guilty of a violation of this Section and may be punished as provided in Section 100.220 of this Municipal Code.
B. 
All such plantings shall be maintained in compliance with the provisions set forth in Chapter 215 and shall not be allowed to grow in such a manner as to materially impede vision between a height of twenty-four (24) inches and seven (7) feet above grade.
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Cross Reference: See also Chapter 245, Tree Regulations And City Tree Board, and Chapter 415, Development Standards, Article IV, Landscape And Streetscape.
[R.O. 1993 § 520.020; Ord. No. 540 § 1, 11-21-1994; Ord. No. 1015, 3-18-2019]
A. 
This Section shall apply to plantings, and all excavations therefor, in the tree lawn area or other public place as set out in Section 525.020 above.
B. 
Any person having occasion to make any such opening or excavation shall make written application for permit therefor to the City Clerk, who is hereby given authority to issue such permits. The application shall state the location and size of the proposed excavation and when the work is to be commenced. Permit fees shall be paid to the City Clerk before such permit is issued in an amount as follows:
1. 
For each excavation involving disturbance of the concrete pavement of any street, curb or sidewalk, a charge of twenty-five dollars ($25.00) for a two-foot by four-foot opening or less, and five dollars ($5.00) additional for each square foot over eight (8) in area;
2. 
For each excavation involving disturbance of asphalt and any other types of water-bound macadam street, curbs or sidewalks a charge of twenty-five dollars ($25.00) for a two-foot by four-foot opening or less, and five dollars ($5.00) additional for each square foot over eight (8) in area; and
3. 
For each excavation in parkway, tree lawn or other improved area back of curb, not involving concrete, asphalt or other types of water-bound macadam, twenty-five dollars ($25.00) for a two-foot by four-foot opening or less, and five dollars ($5.00) additional for each square foot over eight (8) in area.
C. 
Work of restoration shall be done by the City and the cost thereof shall be paid by the permittee as hereinafter provided in this Chapter. The Street Commissioner shall inspect the location as may be required and see that the conditions of the permit and the provisions of the Code are complied with. The person doing the excavating shall backfill and soak or jet the opening. All tunnel excavations are to be backfilled with sand or a similar material unless otherwise specified by the inspector.
[R.O. 1993 § 520.030; Ord. No. 520 § 1, 11-21-1994]
The City Clerk shall keep a full and complete account in a book provided for that purpose, of all permits issued showing the date, party to whom issued, location and fees received on account thereof, which fees, together with all deposits and monies, shall be turned over to the City Treasurer when and as received to the credit of the General Revenue Fund.
[R.O. 1993 § 520.040; Ord. No. 540 § 1, 11-21-1994]
The provisions of this Chapter requiring a permit before any work is commenced shall not apply in emergencies where public safety or welfare is endangered, but work may immediately proceed, provided, a permit is applied for and issued as soon as practicable after the work is commenced.
[R.O. 1993 § 520.050; Ord. No. 540 § 1, 11-21-1994]
In addition to the payment of the permit fees in the manner aforesaid, any person having occasion to make said openings or excavations shall make a cash deposit of not less than fifty dollars ($50.00), the exact amount to be determined by the City Clerk, to secure the payment of all fees and expenses of the City in connection with permits issued and excavations and openings made by such person. The Street Commissioner shall inspect the work and restore and resurface the area so excavated and shall proceed to render a statement of cost therefor for payment by the person making the deposit. The statement of cost shall include the expense to the City for restoring the area excavated, and also twenty dollars ($20.00) per hour for making inspection thereof and twenty-five dollars ($25.00) as a fee for preparation of the statement. In the event such person does not pay the amount of the statement rendered within thirty (30) days thereafter, such amount shall be charged against his/her deposit.
[R.O. 1993 § 520.060; Ord. No. 540 § 1, 11-21-1994]
It shall be the duty of the police and members of the Street Department to report any excavation or opening in or being made in any street, alley, highway, sidewalk, curb, parkway, tree lawn or public place and to ascertain whether provisions of this Chapter have been complied with. Any person violating the provisions of this Chapter may be arrested and prosecuted therefor and any work shall be stopped until compliance with the requirements of this Chapter is accomplished.
[R.O. 1993 § 520.070; Ord. No. 540 § 1, 11-21-1994]
No person shall make any openings or excavation, with or without permit, in any street, highway, alley, sidewalk, parkway, tree lawn or public place in the City of Bel-Nor without providing during the progress of the work, and until said excavation has been backfilled and the surface restored, barricades around the same as a warning to the public, and between sunset and sunrise lights or red lanterns around said excavation, lighted, and sufficient in number and placed in such a manner as to be clearly visible in all directions.