[Editor's Note: See Subsection 4-1-5G of this Code for nuisance provisions.]
[Ord. 687, 7-15-1996; amended by Ord. 702, 9-16-1996; 2003 Code]
A. 
Permit And Compliance Required: It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in, across or through any street, alley or other public place in the City without having first obtained a permit as hereinafter required,[1] or without complying with the provisions of this chapter, or in violation or in variance from the terms of any such permit, as aforesaid.
[1]
Editor's Note: See also Section 10-2-2 of this Code.
B. 
Application For Permit: Applications for such permits shall be filed (on a form approved by the City Council) with the City Clerk for consideration and approval or disapproval by the City, and shall describe the location of the intended excavation, or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work, as well as the name of the person, firm or corporation for whom or for which the work is being done, and shall contain an agreement that the applicant shall comply with all ordinances and laws relating to the work to be done, as well as such other information as the City shall require in order to be adequately informed as to the nature and scope of the project prior to granting approval or determining that approval should not be granted. Said application shall also contain a bond in the form as set forth in ordinance 687, attachment 1, which is on file in the office of the City Clerk and incorporated herein by reference.
C. 
Permit Fees: The fees for permits as previously described herein shall be as follows:
[Amended by Ord. 07-04-04-10, 4-30-2007]
Type
Fee
1.
Excavation in an A-3 surface
(maximum width of street cut permitted shall be 4 feet; payment of an additional fee in the amount of $7 per square foot for the excavation to be made beyond the original 4 foot width across the paved portion of the street shall be required)
$250
2.
Excavation in a hot mix over aggregate base surface
(maximum width of street cut permitted shall be 4 feet; payment of an additional fee in the amount of $10 per square foot for the excavation to be made beyond the original 4 foot width across the paved portion of the street shall be required)
$500
3.
Excavation in a hot mix surface over brick or concrete base
(maximum width of street cut permitted shall be 4 feet; payment of an additional fee in the amount of $10 per square foot for the excavation to be made beyond the original 4 foot width across the paved portion of the street shall be required)
$500
4.
Excavation in brick pavement or surface
(maximum width of street cut permitted shall be 4 feet; payment of an additional fee in the amount of $15 per square foot for the excavation to be made beyond the original 4 foot width across the paved portion of the street shall be required)
$750
D. 
Bond Requirements: No permit shall be issued unless and until the applicant therefor has filed with the City Clerk a bond up to a sum of $50,000, conditioned to indemnify the City for any loss, liability or damage that may result or accrue from or because of the making, existence, or manner of guarding or constructing any such tunnel or excavation. Such bond shall be in the form as provided in ordinance 687, attachment 1, which ordinance is on file in the office of the City Clerk. The bond shall be released six months after certification in writing by the code compliance officer that the work and restoration required under the permit have been completed and inspected.
[Ord. 687, 7-15-1996]
A. 
Compliance Required: It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit granted in accordance with this chapter and upon application therefor.
B. 
Bracing: Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations, the excavations shall not have anywhere below the surface any portion which extends beyond the opening at the surface including shoring boxes for all depths of four feet or more.
[Amended by 2003 Code]
C. 
Utility Equipment: No injury shall be done to any pipes, cables, or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the City department or the officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed.
D. 
Trees And Shrubs: No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
E. 
Paved Areas: Areas of the paved portion of a street under excavation shall be squared with a cutoff saw after the trench or excavation has been cut or made.
[Ord. 687, 7-15-1996; amended by 2003 Code]
If any sidewalk is blocked by any excavation or tunnel work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. The temporary sidewalk shall be subject to inspection by the code compliance officer and shall not be open for use until approved by the street superintendent.
[Ord. 687, 7-15-1996]
The permittee shall maintain safe crossing for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least 1/2 of the sidewalk's width shall be maintained along such sidewalk line.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
Barriers And Warning Devices[1]: It shall be the duty of every person, firm or corporation cutting or making an excavation in or upon any public street, alley or other public place in the City to place and maintain barriers and warning devices necessary for the safety of the general public, and in accordance with directions or instructions issued by the City code compliance officer and in accordance with any directions or instructions contained in the permit required before tunneling or excavation work may commence.
[1]
Editor's Note: See Subsection 4-1-5G of this Code for nuisance provisions.
B. 
Traffic Conditions: The permittee shall take appropriate measures to assure that, during the performance of the excavation work or tunneling work, traffic conditions as near normal as possible shall be maintained at all times in the area of the work so as to minimize inconvenience to the occupants of the adjoining property and to the general public.
C. 
Closing Of Streets And Alleys: When traffic conditions permit, the street superintendent may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by the street superintendent if, in his opinion, it is necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public before the closing of any street or alley. In such cases, such written approval shall not be valid until such notice has been given. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street or alley, and cones or other approved devices shall be placed to channel traffic, all in accordance with the instructions or directions of the street superintendent.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
Fire Department Property: The excavation or tunneling work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water shutoff valves, underground vaults, and other vital equipment as designated by the City.
B. 
Utilities: The permittee shall not interfere with any existing facility or utility line without the written consent of the street superintendent and the owner of the facility or utility line. If it becomes necessary to relocate an existing facility, such as utility lines and the like, this shall be done by its owners. No facility or utility line owned by the City shall be moved to accommodate the permittee unless the cost of such work is paid by the permittee, with an amount approximately equal to the estimated cost of such relocation (such costs to be estimated by the street superintendent) being first deposited with the City. The cost of moving privately owned facilities and utility lines shall be similarly borne by the permittee unless he makes other arrangements with the person owning such facility or utility line. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain, and protect them under, over, along or across said work. The permittee shall secure approval of the method of support and protection from the owner of the facility or utility line. In case any of said pipes, conduits, poles, wires or apparatus shall be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damages to facilities or utility lines shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee. It is the intent of this provision that the permittee shall assume all liability for damage to facilities and utility lines, and any resulting damage or injury to anyone because of such facility or utility line damage, and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owner of the facility or utility line. The City shall not be made a party to any action because of this provision. The permittee shall inform himself as to the existence of all underground facilities and utility lines and shall protect the same against damage.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
Protection Requirements: The permittee shall at all times, and at his own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall first obtain consent from the owner of such private property for such purpose, and if the permittee cannot obtain such consent, the City may authorize the permittee to enter the private premises solely for the purpose of making the property safe. The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work, and shall be responsible for all damage to public or private property or highways resulting from the permittee's failure properly to protect and carry out said work.
B. 
Restoration Of Disturbed Areas: Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after excavations have been backfilled as required by this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began.
C. 
Removal Of Trees And Shrubs: The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the City.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
Placement Of Excavated Material:
1. 
All material excavated from excavation areas and piled adjacent to the excavated area or in any street shall be piled and maintained in such a manner so as not to endanger those working in the excavated area, nor to endanger pedestrians or users of the streets, and so that as little inconvenience as is possible is caused to those using streets and adjoining property.
2. 
Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the excavated area, such as might be the case in a narrow alley, the street superintendent shall have the authority to require the permittee to haul the excavated material to a storage site and then rehaul it to the excavation site at the time of backfilling.
3. 
It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
4. 
All material excavated shall be laid compactly along the side of the trench and kept trim so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the street superintendent to prevent the spreading of dirt into traffic lanes or onto pedestrian walkway areas. This provision is not intended to allow the permittee to replace any excavated area with any or all of the material removed from the excavated area.
5. 
Backfilling and the materials used in backfilling shall be as directed by the City street superintendent.
B. 
Cleanup Requirements:
1. 
Upon completion of the project, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work.
2. 
All cleanup operations at the location of the excavation or tunneling shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the City.
3. 
The permittee shall also be liable for the cost of any such cleanup work conducted by the City under the bond provided herein.
C. 
Gutters And Ditches:
1. 
The permittee shall maintain all gutters and ditches free and unobstructed for the full depth of the adjacent curb or ditch, and for at least one foot in width from the face of such curb at the gutter line or the full width of the ditch.
2. 
Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
3. 
The permittee shall make arrangements to take care of all surplus water, silt, or other runoff pumped from excavations or tunneling, or resulting from sluicing or other operations, and shall be responsible for any damage resulting from the permittee's failure to so provide.
[Ord. 687, 7-15-1996]
After excavation or tunneling work is commenced, the permittee shall prosecute with diligence and expedition all such excavation or tunneling work covered by the permit and shall promptly complete such work and restore the street or other public way or place to its original condition, or as near may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.
[Ord. 687, 7-15-1996]
A. 
When traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation or tunneling work be performed as emergency work, the City shall have full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
[Amended by 2003 Code]
B. 
Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property, or for the location of trouble in conduit or pipes, or for making repairs; provided, that the person, firm or corporation making such excavations shall make application for a permit as required under this chapter on the first working day after such work is commenced.
[Ord. 687, 7-15-1996; amended by 2003 Code]
Each permittee shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and to the occupants of any neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation or tunneling work noise, dust and unsightly debris and between the hours of 9:00 p.m. and 7:00 a.m. shall not use, except in case of emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the repose of occupants of the neighboring property.
[Ord. 687, 7-15-1996; amended by 2003 Code]
Any monument set for the purpose of locating or preserving the lines of any street or property, subdivision, or a precise survey reference point, or a permanent survey benchmark within the City, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Administrator or his designee. Permission to remove or disturb such monuments, reference points or benchmarks, shall only be granted upon condition that the person applying for such permission shall pay all expenses necessary for the proper replacement of the monument by the City.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or other public place in the City shall restore the surface to its original condition if there is no pavement there. Refills shall be properly compacted, and any bracing in such tunnel or excavation shall be left in the ground.
B. 
Any opening in a paved or improved portion of a street shall be filled with gravel or sand the width of the street or a minimum of 20 feet, whichever is the lesser, and shall be filled to a level three inches above the paved street surface or improved portion of the street, all of which work shall be under the supervision of the City street superintendent.
[Ord. 687, 7-15-1996; amended by 2003 Code]
A. 
The code compliance officer shall inspect or cause to be inspected all excavations and tunnels being made in or under any public street, alley or other public place in the City to see to the enforcement of the provisions of this chapter. Notice shall be given to the code compliance officer at least 12 hours before the work to construct or refilling of any such tunnel or excavation shall commence.
B. 
The code compliance officer shall make such inspections as shall be reasonably necessary, in his opinion, in the enforcement of this chapter. The code compliance officer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.
[Ord. 687, 7-15-1996]
In the event the City has to replace any work or repair any damages caused by the permittee, the permittee shall be subject to fine as provided in Title 1, Chapter 1-4, of this Code, and further shall be punishable by additional fine equal to the cost of repair of the damage, plus costs of suit and collection expense, if the City must resort to suit in order to recover the costs of repair of the damages.