[Code 1957, § 23.5; Ord. No. 487, § 1, 5-28-1974; Ord. No. 845, 4-10-2001]
(a)
It shall be unlawful for any person to open up or make any excavation
in or upon any of the streets, avenues, alleys or public right-of-way
in the city for the purpose of constructing or repairing any sewer,
water or gas pipe, telecommunications cable or conduit, electrical
cable or conduit, or other underground conduit, without first having
obtained a permit to do so as provided in this article.
(b)
No person shall injure or tear up any sidewalk or crosswalk, drain
or sewer or any part thereof, or dig any hole, ditch or drain in any
street or sidewalk, or public grounds, or remove any gravel, sod or
sand from any street, without procuring a permit from the city engineer
so to do.
[Ord. No. 487, § 11, 5-28-1974; Ord. No. 606, § 1, 8-10-1982; Ord. No. 845, 4-10-2001]
(a)
Whenever any person shall desire to open up or excavate any portion
of any street, avenue or alley for the purposes of connecting with
or making repairs to any sewer, water, gas pipe or main, telecommunications
cable or conduit and electrical cable in such street, avenue or alley
or constructing any other underground conduit, he shall first make
an application to the city engineer, setting forth in detail the purpose
for which said person desires such an opening or excavation, kind
of pavement, sidewalk, and curbing to be broken into any description
of property by lot, block and addition opposite which such excavation
or opening is to be made. The city engineer shall issue such permit
if the person making the application has performed satisfactorily
under the terms upon which prior permits have been issued. In the
event of any emergency that happens while the office of the city engineer
is closed, such openings may be made and the permit for the same secured
on the next day when such office is open.
(b)
Any person aggrieved by the action of the city engineer in a denial
of a permit shall have the right of appeal to the board of city commissioners.
The appeal shall be taken by filing with the board of city commissioners,
within 14 days after denial of the permit, a written statement setting
forth the grounds for the appeal. The board of city commissioners
shall set a time and place for hearing on the appeal and notice of
the hearing shall be given to the appellant by mailing said notice,
postage prepaid, to the appellant's last known address at least
five days prior to the date set for the hearing. The decision and
order of the board of city commissioners on the appeal shall be final
and conclusive.
[Ord. No. 487, § VIII, 5-28-1974; Ord. No. 588, § 12, 7-22-1980; Ord. No. 566, § 1, 2-24-1981; Ord. No. 845, 4-10-2001]
All permits shall include inspection fees. Refer to current
resolution adopted by the board of city commissioners of the City
of Williston for fee schedule.
[Ord. No. 487, § III, 5-28-1974; Ord. No. 845, 4-10-2001]
All excavations made as provided in this article shall be made
in accordance with standards issued by the city engineer and done
in a most careful and workmanlike manner.
[Ord. No. 487, § IV, 5-28-1974; Ord. No. 606, § 2, 8-10-1982; Ord. No. 845, 4-10-2001]
(a)
When a street opening is made, the existing surfacing shall be removed
first. Where the surfacing is portland cement concrete, or asphalt,
it shall first be sawed with a concrete saw to a minimum depth of
1 1/2 inches. The surface material shall be removed from the
site and shall not be placed in the backfill. Where the surfacing
is gravel, it shall be carefully removed and stockpiled separately
and replaced as surfacing when the backfill has been completed.
(b)
In placing the backfill material, compaction with an air or mechanical
tamper or other approved device shall be used and shall be placed
in not to exceed six inch layers and thoroughly compacted. This procedure
shall be repeated until the entire backfill operation has been completed.
(c)
The foregoing shall apply to all street, avenue or alley excavations
for private water and sewer service lines and gas, television cable,
telephone and electrical cables. It shall include the area from the
main line utility to the place of installation. It shall not include
main line utilities installed by contract with the city where the
contract is under the supervision of the engineering department and
the public works department.
(d)
No utility company, franchise company, private business or individual
that utilizes any city right-of-way shall allow cables, cords, lines
and other modes of utility or communication transmissions to remain
on-ground without first obtaining a permit from the city engineer's
office.
Requirements for a permit shall include a completed application
specifying the owner of the line, the installation contractor, the
location of the unburied or unhung line, the nature of the services
being provided by the cable, a date that construction will be completed
and the utility transmissions permanently installed.
The city engineer, or authorized representative, after reviewing
the completed application, may issue the permit. The permit will allow
temporary services for no longer than 90 "construction season" calendar
days. "Construction season" is defined from April 15th through October
31st of any given year. Within 90 construction season days after the
permit is issued, the transmission lines, cables and cords must be
either removed or permanently installed (e.g. a temporary cable laid
October 1st must be permanently installed no later than June 14th
of the following year). Any service line deemed hazardous or dangerous
by the city engineer shall not be permitted to be temporarily installed.
(e)
At his direction, the city engineer shall have the authority to require
soil compaction testing on any backfill operation which has been completed.
Said testing shall be conducted by an independent soil testing firm.
All excavations shall be backfilled to a minimum of 95% standard proctor
compaction. The costs for soil testing shall be included within the
permit fees for the excavation and shall be paid in full by the permittee.
[Code 1957, § 23.7; Ord. No. 606, § 3, 8-10-1982; Ord. No. 845, 4-10-2001]
Any person engaged in any building operation or making any excavation
upon or adjoining any public street or alley shall construct and maintain
all proper guards and hang out and maintain proper signal lights during
the hours of darkness to warn passersby of danger and to prevent accidents.
All signing shall be in accordance with the U.S. Department of Transportation
manual on uniform traffic control devices, part 6. Excavators shall
acknowledge with the receipt of the excavation permit that they have
the necessary signs and barricades.
[Ord. No. 487, § V, 5-28-1974; Ord. No. 845, 4-10-2001]
All dirt shall be compacted to within eight inches of the finished grade of any asphalt surface and to within six inches of the finished grade of any concrete surface according to Section 20-103. On concrete streets and alleys the next six inches shall be placed with portland cement concrete. Concrete shall have a minimum of six bags of cement per cubic yard or a compressive strength of 3,500 pounds per period of 28 days. Finish and grade of concrete shall match existing street and alley surface. Traffic shall be kept off for 72 hours or as directed by the city engineer. On asphalt streets and alleys the next six inches shall be placed with portland cement concrete, as per specifications in this section. The city will place the last two inches of the patch with asphalt and will bill back to the contractor the cost established by the city. The contractor shall properly sign and barricade all excavations and patches. The contractor is to notify the city engineer when the excavation compaction is completed.
[Ord. No. 487, § VI, 5-28-1974; Ord. No. 606, § 4, 8-10-1982; Ord. No. 845, 4-10-2001]
(a)
Before a permit required by this article is issued, the applicant
shall deposit with the city auditor a bond in the amount of $10,000
payable to the city. The required surety bond must be:
(b)
The bond shall be conditioned upon the permittee's compliance
with the provisions of this article and shall hold the city and its
officers harmless against any and all claims, judgments or other causes
arising from the excavation and other work covered by the excavation
permit or for which the city, the board of city commissioners, or
any city officer may be made liable by reason of any accident or injury
to persons or property through the fault of the permittee either in
improperly guarding excavation or for any other injury resulting from
the negligence of the permittee. The bond shall be further conditioned
to fill up, restore and place surface of the land upon which any excavation
has been done in accordance with the construction provided for in
the permit and for the faithful performance by the permittee in accordance
with requirements of this article and within the time that the work
is to be completed by the permittee. The bond shall be in full force
and effect for two years after the work shall have been completed.
Nothing contained in this section shall be construed to limit the
liability on such undertakings, which undertakings shall be conditioned
to save the city harmless from all costs, loss and damages of every
kind and nature by reason of such opening or excavation and conditioned
further that the person making such opening or excavation shall keep
the same in proper repair for a period of two years after the work
shall have been completed. With this performance bond the permittee
shall also provide a certificate of public liability insurance with
limits not less than $25,000 for property damage, $500,000 for any
injury and $1,000,000 for any one accident.
[Code 1957, § 23.6; Ord. No. 845, 4-10-2001]
Whenever permission shall be granted by the city engineer to any person to tear up any sidewalk or crosswalk, drain or sewer or dig any hole, ditch or drain, as provided in Section 20-99, the same shall be done under the supervision of the city engineer, and such sidewalk, crosswalk, drain, sewer or street shall be restored to as good condition as it was before.
[Ord. No. 487, § VII, 5-28-1974; Ord. No. 845, 4-10-2001]
In case any person who shall make any opening or excavation in any street, avenue or alley of the city under the provisions of sections 20-99 and 20-106 shall fail to restore and maintain the same in good condition and safe condition for a period of two years, the city engineer may restore or repair the same, and the city shall recover upon the undertaking provided in this article, for all costs and expenses of such work from the person by whom such opening or excavation was made or his sureties.
[Ord. No. 606, § 5, 8-10-1982; Ord. No. 845, 4-10-2001]
Upon noticing any excavation that requires repairs, the excavator
doing the original work shall be promptly notified by the city engineer.
If, after reasonable effort, the city is unable to notify the excavator
or if repairs are not commenced within four hours of notification,
the city may make the necessary repairs and bill the costs to the
excavator. In the event of an emergency, the city may make immediate
repairs without notifying the excavator and hold the excavator fully
liable.
[Ord. No. 606, § 6, 8-10-1982; Ord. No. 845, 4-10-2001]
Any person, firm or corporation violating any of the items or provisions of this article shall upon conviction be punished as provided by Section 1-11 of this Code.
