The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City inspector
means the building official of the city.
Excavation
means to cut, trench, excavate, dig, or bury pipes, cables, conduits, distribution mains, storm sewers, or other structures, or in any way disturb the surface of any public land.
Paved street
means a street that has a surface of asphalt, brick, or concrete.
Permit holder
means any person possessing a current, valid permit to engage in an excavation project, or his legally authorized agents or employees.
Street
means any roadway, alley, passageway, or public right-of-way, whether open or closed, paved or unpaved, located in the Sherwood Shores Subdivisions and/or the city limits and dedicated for the use and benefit of the general public.
Type A excavation
means excavation of open ground or of an ungraveled and unpaved street.
Type B excavation
means excavation of a graveled street.
Type C excavation
means excavation of a paved street.
Underground facilities
means wires, lines, mains, cables, electrical conduits, utilities, services, storm sewers, or other similar structures buried below ground level.
Water department
means the water department of the city.
(Ordinance 246, sec. 1, adopted 1/14/91)
(a) 
Authority.
(1) 
The city inspector shall issue permits for, and inspect all, excavation sites:
a. 
Within the city limits; and
b. 
Outside the city limits, if the excavation project involves a city utility or a septic system.
(2) 
The building official shall inspect all excavation sites not covered by subsection (a)(1) of this section.
(b) 
Records.
(1) 
The city secretary shall maintain a permanent file of all excavation projects within the Sherwood Shores Subdivision and/or the city limits.
(2) 
The city inspector shall provide the city secretary with a record of all excavation permits.
(Ordinance 246, sec. 2, adopted 1/14/91)
(a) 
Required.
(1) 
A permit shall be required prior to the excavation of any street or other public land within the Sherwood Shores Subdivision and/or the city. Any request for construction not covered by the terms of this article requires a special permit issued and fees determined by the city council.
(2) 
The requirements subsection (a)(1) of this section notwithstanding, in the event of an emergency endangering the public health or welfare, the continuation of utility service, or the safety of property, excavation may be performed prior to obtaining a permit therefor; provided, that a permit shall be obtained at the earliest time practical and that the excavation not be backfilled until such permit has been obtained.
(b) 
Application.
(1) 
Excavation permit applications may be obtained from the city inspector or his designate.
(2) 
A permit application form shall require:
a. 
The name and address of the applicant, contractor, subcontractor, local representative of the applicant, and surety and insurers;
b. 
The location of the proposed excavation, including identification of the subdivision section, street name and number, lot number, and whether inside or outside the corporate limits;
c. 
The purpose of excavation and if it involves a city utility or a septic system;
d. 
The type and amount of explosives required, if any;
e. 
The beginning date of excavation and anticipated date of completion;
f. 
Description and location of existing underground facilities;
g. 
Whether street closure will be required; and
h. 
Such other information necessary to determine the terms and conditions of the permit.
(3) 
Excavations involving the installation of underground facilities shall be accompanied by plans and specifications.
(c) 
Fees.
Fees are as established from time to time by ordinance, and may be found in the schedule of fees and charges.
(d) 
Permit issuance.
The city inspector may require whatever additional information he deems necessary to make a determination on the issuance of a permit and, for those permits issued, may impose whatever terms and conditions he deems necessary for the protection and convenience of the city.
(e) 
Appeal.
Any ruling by the city inspector or building official pursuant to this article may be appealed to the city council.
(f) 
Cash deposit.
(1) 
Before issuance of a permit, the applicant may be required by the city inspector to make a cash deposit with the city secretary in an amount sufficient to insure that all work is completed in accordance with the requirements of this resolution and with good construction practices. The deposit may be drawn upon for payment of costs to the Sherwood Shores Trust Fund (S.S.T.F.) and/or the city street department related to the backfilling or resurfacing of an excavation site or maintenance of the S.S.T.F. or street department facilities required as a result of such excavation. Upon completion of the project, any balance remaining in such account shall be returned to he permit holder. Records of expenditures will be kept by the director of finance.
(2) 
A utility holding a franchise for service to the city and/or the Sherwood Shores Trust Fund shall not be required to make a cash deposit. However, its failure to comply with the standards herein established shall be cause for the city inspector or building official to give said utility notice in writing that a deposit shall hereafter be required.
(3) 
In the event that a permit holder is not required to make a cash deposit or if such cash deposit does not cover the costs incurred by the city as a result of such excavation project, the city shall bill the permit holder for its costs. If the permit holder fails to reimburse the city for its costs, the costs thus incurred shall constitute a valid and enforceable lien against the permit holder’s property or business.
(g) 
Liability insurance.
(1) 
All applicants for an excavation permit shall include, with their application, a certificate of general liability insurance, which is written so as to be applicable to the excavation project, to specifically insure against damage by explosives if their use is contemplated, and to remain in force until the completion of the excavation project.
(2) 
The policy limits shall be no lower than $100,000.00 per person, $300,000.00 per accident, and $10,000.00 for property damage unless, upon consideration of all factors, including, but not limited to:
a. 
Size of excavation;
b. 
Time anticipated excavation will be open;
c. 
Proximity of excavation to structures and persons;
d. 
Construction techniques and safety precautions to be employed; and
e. 
Other relevant factors;
a higher limit is deemed advisable by the permit issuing authority. The use of explosives in an excavation project may require an increased limit for property damage.
(Ordinance 246, sec. 3, adopted 1/14/91)
(a) 
Notification.
Prior to the actual commencement of excavation, the permit holder shall notify the city inspector, as appropriate. Depending upon the nature of the excavation project, the city inspector shall be responsible for notification of the appropriate city departments and affected property owners.
(b) 
Protective devices.
All excavations shall be protected by means of barricades, lights, flares, and if required by the city inspector, flagmen. All such protective devices shall conform to standards established in the Manual on Uniform Traffic Control Devices.
(c) 
Prohibited equipment.
No track-laying equipment or equipment with outriggers shall be used on a paved street unless the equipment is equipped with street pads to minimize surface damage.
(d) 
Underground facilities.
(1) 
Permit holders are responsible for determination of the location, and for the protection, of all previously existing underground facilities. Willful disregard or negligence on the part of a permit holder with reference to underground facilities shall be grounds for revocation of an excavation permit.
(2) 
If damage should occur to underground facilities as a result of excavation, the owner of the damaged underground facility shall assume control of the excavation project until any disrupted service is restored and/or the damaged underground facilities are repaired. The permit holder shall have the duty to assist in service restoration and repairs.
(3) 
Upon completion of any excavation project in which underground facilities are installed, the owner of such facilities is required to provide the city inspector with a description and accurate as-built location information for such facilities.
(Ordinance 246, sec. 4, adopted 1/14/91)
(a) 
Generally.
(1) 
All underground facilities installed under graveled or paved streets must be encased in a manner approved by the city inspector to facilitate future removal and must be covered with a minimum of 36 inches of backfill.
(2) 
Upon restoration, excavation sites should be capable of sustaining vehicular traffic.
(3) 
An excavation site should be restored so that its surface is at least comparable to its original surface, if not improved. The restored surface shall be inspected by the city building official.
(b) 
Type A excavations.
(1) 
Type A excavations shall be backfilled with select material from the excavation site or with material compatible to the surrounding soil. Soil used for backfill shall be compacted to not less than 90 percent density by means of tamping, rolling, jetting, or flooding. Placement of backfill shall be in layers or lifts appropriate to the depth, width, manner of compaction, and soil type. Excess material not suitable for backfill shall be removed from the site by the permit holder and disposed of at a site that is not detrimental to the city and/or the Sherwood Shores Trust Subdivision.
(2) 
Excavation of a park or of open ground shall require:
a. 
A minimum of one foot of top soil, to be mounded so as to provide for future settling; and
b. 
The replacement of sod.
(c) 
Type B excavations.
Type B excavations shall be backfilled with select material from the excavation site to within 18 inches of the surface. Soil used for backfill shall be compacted to 95 percent density by means of tamping or rolling. The top 18 inches shall be material meeting the specifications for flexible base and shall be placed and compacted in not less than two layers.
(d) 
Type C excavations.
Type C excavations shall be backfilled with caliche, gravel, or crushed stone compacted to a 95 percent density by means of mechanical tamping. The backfill material shall meet the specifications for flexible base and be placed and compacted in six-inch layers to the level of the street surface, and the cut opened to traffic. In not less than one week nor more than one month, material at the top of the trench shall be removed and concrete or asphaltic concrete placed to the thickness of existing pavement or two inches, whichever is the greater. The finished surface shall be smooth and true without depressions or mounds, and shall be compacted before opening to traffic.
(Ordinance 246, sec. 5, adopted 1/14/91)
Nothing in this article shall be construed as requiring the city to patch or pave any street, to provide or remove any material, nor to preclude or prevent the city from entering into contracts for these purposes.
(Ordinance 246, sec. 6, adopted 1/14/91)