[Adopted as Ch. 146 of the 2000 Code]
For use in this article the following terms are defined:
Any person making written application to the City Engineer
for an excavation permit under this article.
[Amended 3-23-2023 by Ord. No. 23-02]
The excavation and other work permitted under an excavation
permit and required to be performed under this article.
Any person who has been granted and has in full force and
effect an excavation permit issued under this article.
Any street, highway, sidewalk, alley, avenue or other public
right-of-way or public grounds in the City.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for any person to dig up, break, cut, excavate,
tunnel, undermine or in any manner break up any street or to make
or cause to be made any excavation in or under the surface of any
street for any purpose or to place, deposit or leave upon any street
any earth or other excavated material obstructing or tending to interfere
with the free use of the street, unless such person shall first have
obtained an excavation permit therefor from the City Engineer as provided
in this article.
[Amended 3-23-2023 by Ord. No. 23-02]
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the City
Engineer on forms provided by the City Engineer. The application shall
be accompanied by plans showing the extent of the proposed excavation
work, the dimensions and elevations if required, of both the existing
ground prior to the excavation and of the proposed excavated surfaces,
the location of the excavation work, and such other information as
may be reasonably related to the above and location of the excavation
work, and such other information as prescribed by the City Engineer.
[Ord. No. 08-14; amended 3-23-2023 by Ord. No. 23-02]
A permit fee shall be charged by the City Engineer for the issuance
of an excavation permit which shall be in addition to all other fees
for permits or charges relative to any proposed construction work.
The excavation permit fee shall be in an amount varying with the type
of surface to be opened, dug or excavated under the permit issued
per opening as follows: The nonrefundable fee for applying for an
excavation permit shall be established by Council resolution to reflect
the current costs of issuing the permit and supervising, regulating,
and inspecting the work.
[Amended 3-23-2023 by Ord. No. 23-02]
Before an excavation permit is issued pursuant to this article,
each applicant, except public utility companies, shall deposit with
the Clerk a surety bond in the amount as set by resolution of the
City Council, payable to the City.
A.
The required surety bond must
be:
(1)
With
good and sufficient surety;
(2)
By a surety company authorized
to transact business in the state;
(3)
Satisfactory in form and
substance to the City Attorney;
(4)
Conditioned upon the permittee's
compliance with this article and to secure and hold the City and its
officers harmless against any and all claims, judgments, or other
costs arising from the excavation and other work covered by the excavation
permit or for which the City, the Council 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 not properly guarding
the excavation or for any other injury resulting from the negligence
of the permittee, and further conditioned to fill up, restore and
place in good and safe condition as near as may be to its original
condition, and to maintain any street where excavation is made in
as good condition for the period of four years after said work shall
have been done, usual wear and tear excepted, as it was in before
the work shall have been done.
B.
Any settlement
of the surface within said four-year period shall be deemed prima
facie evidence of defective backfilling by the permittee. Nothing
in this article shall be construed to require the permittee to maintain
any repairs to pavement made by the City if such repairs should prove
defective. Any owner of real estate, repairing or engaging another
to repair their own sidewalk, shall not be required to give such bond.
Recovery on such bond for any injury or accident shall not exhaust
the bond but it shall in its entirety cover any or all future accidents
or injuries during the excavation work for which it is given. In the
event of any suit or claim against the City by reason of the negligence
or default of the permittee, upon the City's giving written notice
to the permittee of such suit or claim, any final judgment against
the City requiring it to pay for such damage shall be conclusive upon
the permittee and the permittee's surety. An annual bond may be given
under this provision which shall remain in force for one year conditioned
as above, in the amount specified above and in other respects as specified
above but applicable as to all excavation work in streets by the principal
in such bond during the term of one year from the date.
[Amended 8-17-2023 by Ord. No. 23-21]
The permittee shall take appropriate measures to assure that
during the performance of the excavation work traffic conditions,
as nearly normal as practicable, shall be maintained at all times
so as to cause as little inconvenience as possible to the occupants
of the abutting property and to the general public. However, the City
Engineer may permit the closing of streets to all traffic for a period
of time prescribed by the City Engineer if in the Engineer's opinion
it is necessary. The permittee shall route and control traffic including
its own vehicles as directed by the City Engineer. The following steps
shall be taken before any street may be closed or the traffic restricted
in any way:
A.
The permittee must receive the
approval of the City Engineer for the permit.
B.
The permittee must notify the
Chief of the Fire Department of any street so closed.
C.
Upon completion of construction
work, the permittee shall notify the City Engineer and Fire Department
before traffic is moved back to its normal flow for any necessary
adjustment to be made.
D.
Where flagmen are deemed necessary
by the City Engineer, they shall be furnished by the permittee at
its own expense. Through traffic shall be maintained without the aid
of detours, if possible; in instances in which this would not be feasible,
the City Engineer shall designate detours. The City shall maintain
roadway surfaces of existing highways designated as detours without
expense to the permittee. However, if there are no existing highways,
the permittee shall construct all detours at its expense and in conformity
with the specifications of the City Engineer. The permittee will be
responsible for any unnecessary damage caused to any highways by the
operation of its equipment.
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of material or other obstructions. The Chief
of the Fire Department shall interpret this provision in each case
so as to insure free access for fire-fighting equipment as so provided.
[Amended 3-23-2023 by Ord. No. 23-02]
The permittee shall erect and maintain suitable barriers to
confine earth from trenches or other excavations in order to encroach
upon streets as little as possible. All such excavations shall have
proper barricades at all times, pursuant to the latest edition of
SUDAS as approved by the City Council. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
streets under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Pedestrian crossings shall be
not less than three feet in width and shall be provided with a railing
as required by the City Engineer.
The permittee shall not interfere with any existing utility
without the written consent of the City Engineer and the utility company
or person owning the utility. If it becomes necessary to remove an
existing utility, this shall be done by its owner. No utility owned
by the City shall be moved to accommodate the permittee unless the
cost of such work be borne by the permittee. The cost of moving privately
owned utilities shall likewise be borne by the permittee unless it
makes other arrangements with the person owning the utility. 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 do everything necessary to support, sustain
and protect them under, over, along or across the work. In case any
of the pipes, conduits, poles, wire or apparatus should be damaged
as a result of permittee's negligence, they shall be repaired by the
agency or person owning them and the expense of such repairs shall
be charged to the permittee, and the permittee's bond shall be so
liable. The permittee shall be responsible for the permittee's damage
done to any public or private property by reason of the permittee's
negligently breaking any water pipes, sewer, gas pipe, electric conduit
or other utility, and its bond shall be liable for such damage. The
permittee shall inform itself as to the existence and location of
all underground utilities and protect the same against damage. Nothing
in this provision shall be construed as preventing permittee from
recovering damages from a legally responsible party.
The permittee shall at all times and at the permittee's own
expense 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 obtain permission from the owner of such private
property for such purpose. The permittee shall, at its 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 streets resulting from its failure properly to protect and carry
out the work. Whenever it may be necessary for the permittee to trench
through any established lawn area, the existing sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this article. New sod may be used or seeding with approval
of the City. 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
the work began. The permittee shall not remove even temporarily any
trees or shrubs which exist on public property without first notifying
and obtaining consent of the appropriate City department or City official
having control of such property.
[Amended 3-23-2023 by Ord. No. 23-02]
Any excavation made in or under any sidewalk shall be provided
with a substantial and adequate footbridge over the excavation on
the line of the sidewalk. This bridge shall be at least three feet
wide and securely railed on each side so that pedestrians can pass
over safely at all times.
The permittee shall erect such fence, railing or barriers about
the site of the excavation work as shall prevent damage to persons
using the City street or sidewalks. These protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight there shall be placed upon such place of excavation and
upon any excavated materials or structures or other obstructions to
streets, suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
as not to endanger those working in the trench, pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using streets and adjoining properties. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the City Engineer shall have the authority
to require that the permittee haul the excavated material to a storage
site and then rehaul it to the trench site at the time of backfilling.
It shall be the permittee's responsibility to secure the necessary
permission and make all necessary arrangements for all required storage
and disposal sites.
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the City
Engineer shall have the authority to cause the necessary labor and
materials to be furnished by the City. The cost of the necessary labor
and materials shall be charged against the permittee, and the permittee
shall also be liable on the permittee's bond.
Property lines or curblines and limits of easements shall be
indicated on the plan of excavation submitted with the application
for the excavation permit. It is the permittee's responsibility to
confine excavation work within these limits.
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from the work. All clean-up operations at the
location of the excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the City
Engineer. From time to time as may be ordered by the City Engineer
and in any event immediately after completion of the work, the permittee
shall, at the permittee's expense, clean up and remove all refuse
and unused materials of any kind resulting from the work. Upon failure
to do so within 24 hours after having been notified to do so by the
City Engineer, the work may be done by the City and this cost charged
to the permittee. The permittee shall also be liable for such under
the surety bond provided by this article.
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as it found them or shall make
such provisions for them as the City Engineer may direct. The permittee
shall not obstruct the gutter of any street but shall use all proper
measures to provide for the free passage of surface water. The permittee
shall make provision to take care of all surplus water, muck, silt,
slickings or other run-off pumped from excavations or resulting from
sluicing or other operations. The permittee shall be responsible for
any damage resulting from its failure to so provide.
[Ord. No. 15-24]
All removals, construction and restoration shall be in conformance
with the latest edition of SUDAS as approved by the City Council.
If the permittee shall have failed to restore the surface of
the street to its original and proper condition upon the expiration
of the time fixed by such permit or shall otherwise have failed to
complete the excavation work covered by such permit, the City, if
the City Engineer deems it advisable, shall have the right to do all
work and things necessary to restore the street and to complete the
excavation work. The permittee shall be liable for the total actual
cost of the work, including general overhead and administrative expenses.
The City shall have a cause of action for all fees, expenses and amounts
paid out and due it for this work. The City shall also enforce its
rights under the permittee's surety bond provided pursuant to this
chapter. It shall be the duty of the permittee to guarantee and maintain
the paved portion of the street in the same condition it was prior
to the excavation for four years after restoring it to its original
condition.
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit. The permittee
shall promptly complete such work and restore the street to its original
condition, or as near as may be, as soon as practicable and in any
event not later than the date specified in the excavation permit.
This provision shall not be construed as prohibiting temporary closings.
If in the City Engineer's judgment traffic conditions, the safety
or inconvenience of the travelling public or the public interest require
that the excavation work be performed as emergency work, the City
Engineer shall have full power to order, at the time the permit is
granted, that a crew of workers and adequate facilities be employed
by the permittee 24 hours a day to the end that the excavation work
may be completed as soon as possible.
[Amended 3-23-2023 by Ord. No. 23-02]
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise, is
in such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit under this article, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, the person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which the City Engineer's office is open for business,
and shall not proceed with permanent repairs to the street paving
without first obtaining an excavation permit under this article.
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris. During the hours of 10:00 p.m. and 7:00 a.m. the permittee
shall not use, except with the express written permission of the City
Engineer or in case of an emergency as herein otherwise provided,
any tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
The permittee shall not disturb any surface monuments or hubs
found on the line of excavation work until ordered to do so by the
City Engineer.
A.
It shall be the duty of the person
doing the work authorized by a permit to provide timely notification
to the Engineering Department that such work is ready for inspection.
The City Engineering Department may require that every request for
inspection be filed at least one working day before such inspection
is desired. Such request may be in writing or by telephone, at the
option of the Engineering Department. No work shall be completed without
inspection by the City Engineering Department. The Engineering Department
may require the person doing the work to uncover or redo uninspected
work at the person's cost so that proper and thorough inspection can
be made.
B.
It shall be the duty of the person
requesting inspections required by this article to provide access
to and means for proper inspection of such work.
C.
In addition to the inspections
required by this article, the City Engineering Department may require
other inspections of any work to ascertain compliance with the provisions
of this Code and other laws which are enforced by the Engineering
Department.
D.
A reinspection fee may be assessed
for each inspection or reinspection when such portion of work for
which inspection is called is not complete or when required corrections
have not been made. This provision is not to be interpreted as requiring
reinspection fees the first time a job is rejected for failure to
comply with the requirements of this article, but as controlling the
practice of calling for inspections before the job is ready for inspection
or reinspection. The reinspection fee shall be equal to the cost of
the original excavation permit fee for the work. In instances where
reinspection fees have been assessed, no additional inspection of
the work will be performed until the required fees have been paid.
E.
Inspections requested outside
of normal business hours shall be charged as additional fee. The fee
shall be based upon the actual cost to the City for supervision, overhead,
equipment, hourly wages and fringe benefits of all the employees involved.
F.
The provisions of this article
shall not apply to projects or work contracted directly with the City,
or work accomplished by City departmental employees as a part of authorized
City projects or work.
Users of subsurface street space shall maintain accurate drawings
of such installations. A utility shall locate and mark locations of
their installations upon the request of the City Engineer or other
permittee at no charge. Corrected drawings shall be made available
to the City Engineer after new installations, changes or replacements
are made, if requested.
The provisions of this article shall not be applicable to any
excavation work of the City under the direction of the City Engineer
or Public Services Director at the request of the City for the convenience
of the City or by any contractor of the City performing work for and
on behalf of the City, necessitating openings or excavations in streets.
[Amended 3-23-2023 by Ord. No. 23-02]
A permittee, prior to the commencement of excavation work pursuant
to this article, shall furnish satisfactory evidence in writing that
the permittee has in force and will maintain in force during the performance
of the excavation work and duration of the permit, insurance in the
amount as set by resolution of the City Council, duly issued by an
insurance company authorized to do business in the State of Iowa.
Owners of real estate repairing their own sidewalks shall be required
to furnish satisfactory evidence that the owner has in effect personal
liability coverage in an amount as set by resolution of the City Council.
This provision shall not apply to public utility companies.
This article shall not be construed as imposing upon the City
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued pursuant to this article; nor
shall the City or any City official or City employee be deemed to
have assumed any such liability or responsibility by reason of inspections
authorized, the issuance of any permit or the approval of any excavation
work.
