[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, or without complying with the provisions of this chapter,
or in violation or in variance from the terms of any such permit,
as aforesaid.
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; 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: 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.
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; 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.