[Ord. 193, 2-4-1985; amended Ord. 2013-777, 5-20-2013; Ord. 2013-778, 5-20-2013; Ord. 459, 11-17-1997; 11-20-2023 by Ord. No. 2023-1016; 2-20-2024 by Ord. No. 2024-1024]
(A)
It shall be unlawful to make any opening or excavation into, across
or under any street, alley or public area within the corporate limits
of the City prior to obtaining a sewer tap/street break permit from
the Building and Zoning Department. The permit shall be issued after
required fees and/or deposits are received by the Building and Zoning
Department. At the time of filing for an excavation permit, the application
shall be accompanied by a certified check or money order, payable
to the City of Lincoln, to cover the cost of processing the application
and inspecting the excavation and restoration, in the amount of $75.
(B)
All public utilities having franchise agreements with the City shall
be exempted from obtaining a permit prior to commencing excavation
for a utility repair. However, said utility must submit, for each
excavation, one copy of the street break permit form to the Street
Department within seven days after commencing each excavation. The
utility shall include the dimensions of the excavation on the bottom
of the street break permit form.
(C)
A violation of any of the provisions of this chapter shall subject
the offender to a penalty of not less than $75 nor more than the cost
of repair on a time-and-materials basis as outlined by the Street
Department Superintendent or their designee for each offense, and
the deposit, or such part thereof as may be necessary to put said
street in proper condition, and reimburse the City for superintending
the excavation and the refilling of same shall be forfeited to the
City.
(D)
The attention of all the responsible person(s) and all public utilities is directed to Section 8-2-6 of this chapter which addresses the matter of repairing brick surface pavement streets. The requirement to replace paving bricks on brick surface streets will require that all paving bricks encountered during any excavation covered by this chapter shall be salvaged by the entity performing the excavation. The removal and salvage of all bricks shall be performed with reasonable care and shall be the responsibility of the person(s) performing the excavation. Any paving bricks which are not required to repair the street surface shall be delivered to a location within City limits approved by the Street Department Superintendent or their designee. Failure to salvage said paving bricks shall constitute a violation of this section.
(E)
"Responsible person(s)" shall be defined as the person or persons
who make any opening or excavation in any street, alley or public
area within the corporate limits of the City.
[Ord. 2013-785, 8-19-2013; amended 11-20-2023 by Ord. No. 2023-1016]
It is hereby provided that the following regulations shall govern
in the granting of permits to break into, across or under the surface
of streets, avenues, alleys, roadways, public walks, lawns, parkways
or other public places of the City, to install, repair, renew, extend,
remove or relocate water, gas, sewer, or other service connections,
in or under said streets, avenues, alleys, roadways and other public
places.
(A)
For a permit to cut, dig, excavate, or tunnel in, through or under
any improved dirt street, avenue, alley, roadway, or other public
place, the applicant shall deposit with the City Clerk the sum of
$1,000 as a guarantee that such street, avenue, alley, roadway or
other public place will be restored to its original condition upon
completion of work covered by the permit.
(B)
For a permit to cut, dig, excavate, break or tunnel in or under any
brick or concrete or similar hard-surfaced pavement, applicant shall
pay to the City Clerk the sum of $1,000 as a guarantee that such street,
avenue, alley, roadway or other public place will be restored to its
original condition upon completion of work covered by the application
and permit.
(C)
For a permit to cut, dig, excavate or tunnel in or under any bituminous,
blotter type surfaced street, or public place of like or analogous
surface, applicant shall deposit with the City Clerk the sum of $1,000
as a guarantee that such street, avenue, alley, roadway or other public
place will be restored to its original condition upon completion of
work covered by the application and permit.
(D)
The City may, at its option, approve a one-year performance bond
for $10,000 at the beginning of each year in lieu of cash deposits
for each excavation. Such bonds shall save and keep harmless and indemnify
the City from all actions, suits, costs, damages and expenses, including
attorney fees.
(E)
Wherever work of the nature contemplated to be done under Subsections
(A), (B), and (C) of this section, the Building and Zoning Office
shall require the respective payment or deposit to be made even though
the applicant believes or intends that his/her work may not disturb
or damage the curb, gutter or surface or subsurface of such street
or other public way; and if the work done actually does not so disturb
or damage such street or public way, then full or partial refund may
be made to applicant as provided in Subsection (F) of this section.
(F)
No deposit shall be returned to any applicant until the work of restoration
has been approved by the Street Department Superintendent or their
designee, by their endorsement of such approval and actual charges,
if any, on applicant's permit. This permit shall then be surrendered
to the City Clerk, who shall take the applicant's receipt thereon
for the return of their deposit or so much thereof as shall remain
due to applicant after any deductions for necessary repairs or replacements
made or to be made at the City's expense in putting the street
and surface back in good condition.
(G)
It shall be the duty of all persons or their representatives doing
any cutting, digging, excavating or tunneling in, upon or under any
of the streets, avenues, alleys, roadways or other public places of
the City to carry liability and workers' compensation insurance
necessary to protect the City from damages or liability in connection
with such operations. A certificate of insurance enumerating such
coverage will be required at the time of permit. And, they shall use
due care and diligence to minimize the extent of disturbance to roadway
surfaces and subgrades and to guard and to backfill all trenches,
tunnels and excavations in the manner required by the provisions of
this chapter, under and to the satisfaction of the applicable City
department.
(H)
The fees as above provided for breaking the streets shall be so assessed
and paid, provided that application therefor and payment is made prior
to the beginning of the work of breaking the street. In the event
the application is made after work has begun on the breaking of the
street, then the fees as above provided shall be doubled and, in addition,
the owner of the property for the benefit of which the break in the
street has been made shall pay to the City such an amount as shall
be reasonable and necessary to ensure that the break in the street
has been properly backfilled. In the event the breaking of the street
has been done and completed, prior to the application having been
made, in addition to the fees and expenses immediately above provided
to be taxed to the owner for whose benefit the street has been broken,
the same owner shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined in a sum not less than $500 and not more than
$2,500 for each violation.
[Ord. 407, 12-18-1995; amended Ord. 459, 11-17-1997; 11-20-2023 by Ord. No. 2023-1016]
(A)
The responsible person(s) who makes or causes to be made any opening
or excavation, for any purpose, shall, without unnecessary delay,
cause the same to be filled up to the level of the adjacent surfaces,
and from time to time, if necessary, repair the same, until the trench
is completely settled and the surface conforms to the proper grade
or level. The backfill material shall be placed using one of the following
options:
1.
Uniform layers not exceeding 12 inches thick rammed and tamped with
approved tools.
2.
Uniform layers not exceeding 12 inches thick inundated or deposited
in water.
3.
Fill trench with loose material then jet with water. Jetting operation
to begin 12 inches above pipe in trench. Spacing shall be approved
by the applicable City department.
(B)
In the event an excavation is determined to require additional repair
work, the responsible person(s) shall be notified by telephone of
the need of repair work and complete such repair within 72 hours.
After 72 hours, the City will make the necessary repairs and bill
the responsible person(s) for required labor, equipment, and materials.
(C)
In the event of any emergency situation, the City may make immediate
repairs and bill the responsible person(s) for required labor, equipment
and materials. Failure to make required repairs shall constitute a
violation of this section.
[Ord. 2013-785, 8-19-2013; amended 11-20-2023 by Ord. No. 2023-1016]
(A)
Any opening or excavation located in an area which does not now,
nor will not in the foreseeable future, receive vehicular traffic,
shall be backfilled with a minimum of 12 inches of black dirt, free
of clods and stones within 12 inches of the pipe and relatively clean
of such clods and stones above this and seeded.
(B)
All trenches within two feet of proposed or existing road surfaces,
shoulder, curb or sidewalk shall be backfilled with controlled low-strength
material meeting the requirements of Article 1019 of the latest edition
of the Illinois Department of Transportation "Standard Specifications
for Road and Bridge Construction in Illinois" or as otherwise directed
by the applicable City department or their designee.
(C)
No debris shall be disposed of in the trench backfill. Debris and
removed pavement which is unsuitable for backfill shall be disposed
of by the contractor in accordance with prevailing laws and ordinances.
[Ord. 2013-785, 8-19-2013; amended 11-20-2023 by Ord. No. 2023-1016]
(A)
The responsible person(s) shall provide trench surface repair and
placement of the permanent patch.
(B)
Areas which have been backfilled with black dirt/topsoil to a minimum
depth of 12 inches shall, after settling is complete, be fertilized
and seeded according to normal landscape practices which have been
approved by the Building and Zoning Officer or their designee.
(C)
Areas which have been backfilled in accordance with Section 8-2-4(B) of this chapter shall be prepared for placement of permanent patch immediately. Prior to placing the permanent patch, the responsible person(s) shall make a final saw cut or chisel in a straight line 12 inches beyond the limit of excavation on all four sides. Saw cuts shall be at least two inches deep. The pavement between the excavated area and this final cut shall be removed. Any excess controlled low-strength material shall be removed in order to allow placement of the appropriate depth of permanent patch. Any backfill disturbed below this point shall be replaced by a method approved by the Street Department Superintendent or their designee. The Street Department Superintendent or their designee shall approve all excavated areas prior to actual placement of permanent patch.
(D)
If permanent patch materials are not available or if weather conditions
do not permit the placement of the permanent patch, as determined
by the Street Department Superintendent or their designee, the excavated
area shall be given a temporary patch. The temporary patch shall be
kept in place and repaired if necessary, until permanent patch materials
are placed. The temporary patch shall consist of two inches of CA-16
emulsion mix or two inches UPM cold patch.
[Ord. 2013-785, 8-19-2013; amended 11-20-2023 by Ord. No. 2023-1016]
(A)
The materials used for the permanent patch shall be based on the
materials of construction for the existing adjacent surface. The permanent
patch materials shall be as listed below:
|
Existing Surface
|
Permanent Patch
|
|---|---|
|
Portland cement (PC) concrete sidewalk
|
4 inches PC concrete2
|
|
PC concrete driveway
|
6 inches PC concrete2
|
|
PC concrete
|
8 inches PC concrete2
|
|
Brick over sand cushion
|
New/used bricks of similar size or shape and color
|
|
Hot mix asphalt over PC concrete
|
8 inches PC concrete1, 2
|
|
Hot mix asphalt over brick
|
8 inches PC concrete1, 2
|
|
Hot mix asphalt
|
3 inches of bituminous concrete, Class I
|
|
Aggregate surface
|
8 inches CA-6 crushed stone
|
|
NOTES:
| |
|
1.
|
For larger, more extensive repairs, or new installations, the
City has the option to require three inches of bituminous concrete,
Class I, with tack coat over six inches of PC concrete.
|
|
2.
|
PC concrete materials shall meet the requirements of Article
1020 of the Illinois Department of Transportation "Standard Specifications
for Road and Bridge Construction in Illinois," latest edition, for
the type of pavement being placed.
|
(B)
All bituminous concrete, mixes, and patch material shall be adequately
compacted after placement. The permanent patches listed above are
minimum requirements. Existing pavement thickness shall govern when
greater than minimums.
(A)
When, in the opinion of the applicable City department, a street
may be obstructed by the excavation operations to such an extent as
to unduly restrict vehicular traffic or make hazardous its use, a
detour may be required and designated by the Street Department Superintendent
or their designee. All expenses incurred as a result of the establishment
of said detour shall be borne by the responsible person(s).
(B)
The responsible person(s) shall supply and maintain such signs at
his expense as may be necessary to clearly and safely outline the
detour.
[Ord. 193, 2-4-1985; amended 11-20-2023 by Ord. No. 2023-1016]
Any person digging any cellar, excavation, ditch or opening
upon any private premises near any street, avenue, alley or sidewalk
in the City, so as to be dangerous to persons or vehicles on the same,
shall keep the same well guarded so as to prevent the happening of
any accidents thereby and in the nighttime shall cause amber lights
to be so placed as to warn off persons passing by the same of the
danger.
[Ord. 193, 2-4-1985; amended 11-20-2023 by Ord. No. 2023-1016]
Public utilities shall comply with all sections of this chapter
except as exempted by franchise agreement. All new utilities not now
in place shall be approved by the applicable City department prior
to installation of same.
(A)
After the responsible person(s) or public utility has completed the
permanent patch, the Street Department Superintendent or their designee
shall be notified and shall give their acceptance of the patch by
affixing his signature and date to the street break permit form and
a copy returned to the responsible person(s) or utility.
(B)
The responsible person(s) or utility shall be responsible for maintaining,
repairing or replacing said patch for one year from date of acceptance
by the City.
(C)
The City shall notify, in writing, the responsible person(s) or utility
at such times as any permanent patch becomes defective or requires
repair. Such repairs shall be made within a reasonable amount of time
as outlined by the Street Department Superintendent or their designee
of notification. The reasonable amount of time shall start immediately
after reception of the notification letter. Failure of the responsible
person(s) or public utility to make required repairs shall constitute
a violation of this section.
(D)
After the reasonable amount of time, unless other arrangements are
approved by the Street Department Superintendent or their designee,
the City will repair or replace the permanent patch. The cost of such
repair shall be billed to the responsible person(s). In the event
the responsible person(s) or public utility fails to pay the City
for such work within 30 days, the City shall revoke street-breaking
privileges of said responsible person(s) or utility.
[Ord. 2014-813, 7-7-2014; amended 11-20-2023 by Ord. No. 2023-1016]
Additional City street cut and street repair requirements may
be imposed by the Street Department Superintendent or their designee.
At a minimum, all requirements of this chapter will apply with the
following additional requirements:
(A)
Limits of Pavement Patching. The responsible person(s) should not
proceed with the pavement restoration until the Street Department
Superintendent or their designee approves the replacement limits.
For hot mix asphalt (HMA) streets, restorations will be no less than
one lane width and extend no less than three feet in the longitudinal
direction from the edges of the cut. For concrete streets, the removal
limit will extend beyond the edge of the cut to the nearest transverse
contraction joint and nearest longitudinal sawed joint. The removal
limits for concrete streets will be no less than one foot in any direction
from the edges of the cut.
(B)
Brick Streets. Saw cutting of brick streets shall not be permitted.
A concrete base shall be required for all brick street restorations
and said base shall comply with the requirements for pavement restoration
of a new concrete street.
(C)
Concrete Streets.
1.
All saw cuts or scoring for pavement removal shall follow existing
joints and shall be full depth to alleviate spalling. Equipment and
methods used for removing old pavement shall be such as to prevent
cracking, shattering or spalling of the pavement remaining in place.
If the patch is not scored with a concrete saw or wheel saw, the ends
of the patch shall be hand trimmed with handheld hammers. The general
plane of the cut face shall not deviate more than 1 1/2 inches
from vertical. Should the responsible person(s) operations cause a
spall having a width or depth greater than one inch, the patch shall
be extended to the next joint to remove the spall.
2.
Tie bars shall be installed along all edges of the pavement to avoid
differential settlement. Tie bars shall be epoxy coated and comply
with Article 1006.11 of the Illinois Department of Transportation
(IDOT) "Standard Specifications for Road and Bridge Construction."
Tie bar size shall be No. 6 and should be 24 inches long spaced at
30 inches on center. Tie bar holes shall be drilled parallel to the
grade and center line of the pavement with a tolerance of 1/8 inch
in 12 inches. The drilling operation shall not crack or spall the
pavement. The tie bars shall be placed with an IDOT-approved nonshrink
grout or chemical adhesive providing a minimum pull out strength of
11,000 pounds. Holes shall be blown clean and dry prior to placing
the grout or adhesive or as conditions are required per particular
grout/adhesive materials and methods.
3.
If the adjacent lane has a contraction joint, pavement patches constructed
shall include transverse contraction joints in line with those in
the adjacent lane. These transverse contraction joints shall be constructed
in accordance with Article 420.05(c) of the IDOT "Standard Specifications
for Road and Bridge Construction."
