[Ord. No. 975, 2-21-2023]
No person shall make or cause to be made or help, aid or assist
therein, any excavation on any public street, highway, alley or other
public place, or any public easement or right-of-way, without first
having made application to the City for a permit for such excavation
and receiving from the City a written permit to proceed. Before such
permit shall be granted, the applicant shall deposit one hundred thirty
percent (130%) of the City's estimated cost of restoration of the
excavation, to restore the street, highway, alley or other public
place, public easement, or right-of-way, in as good condition as it
was before the excavation was made, and in accordance with the conditions
provided in this Article. In addition to such deposit, the applicant
shall pay a fee amount as identified in the Schedule of Fees for the
permit to excavate.
[Ord. No. 975, 2-21-2023]
The deposit shall be returned to the depositor not later than
six (6) months after the work shall have been completed, inspected,
and the place restored to its original condition and in accordance
with the provisions of this Article. This six (6) month time frame
shall serve as a warranty period. If the excavation is not restored,
the deposit will be forfeited. The City shall thereafter cause the
excavation to be restored utilizing the forfeited deposit to pay for
the costs of restoration. If the deposit is not sufficient to pay
the entire costs thereof, the depositor shall be required to pay the
balance thereof.
[Ord. No. 975, 2-21-2023]
All asphalt base and concrete streets shall be sawed or cut
prior to excavation. The City will determine sawcut locations for
concrete pavement or sidewalk.
[Ord. No. 975, 2-21-2023]
Every person who shall cause to be made any excavation in or
adjoining any public street, highway, alley or public place or any
public easement or right-of-way shall cause the excavation to be adequately
protected so as to prevent persons, animals or vehicles from falling
into such excavation, and shall cause red warning lights or torches
to be maintained about such excavation and keep the lights or torches
lighted from sunset to sunrise. Whenever any person shall excavate
the sidewalk of any street, it shall be his/her duty to place a strong
and suitable footbridge over such excavation in line with the sidewalk,
at least five (5) feet wide and securely anchored on each end.
[Ord. No. 975, 2-21-2023]
A. Excavations
in any unsurfaced areas and greater than two (2) feet from the edge
of pavement, shall be backfilled with a granular material to a depth
of one (1) foot above the utility or service lines for which excavation
is made, and with the dirt or dirt and broken rock removed from the
excavation to within six (6) inches of the surface around the excavation,
for the full length of the excavation. The entire filled excavation
shall be entirely inundated with water for a period of thirty (30)
minutes, or pneumatic-tamped in twelve (12) inch layers, as the City
or inspector designated by the City for such purposes may direct.
The remaining four (4) inches of the excavation shall consist of topsoil
or match existing surface conditions.
B. Excavations in any surfaced areas shall be backfilled with clean granular material above the utility or service lines for which excavation is made per City Standard Drawing RD-5 Concrete Sidewalk Detail, RD-6 Concrete Street Repair or RD-7 Asphalt Street Repair of Chapter
510 Attachment 1.
C. If
the excavation in unpaved areas is not backfilled in the same day
as the commencement of excavation, safety fencing shall be installed
such that all aspects of the excavation (including, but not limited
to: the open excavation, equipment, and materials) are enclosed within
the fence. A minimum of one (1) foot buffer shall separate the fence
from any aspect of the excavation, be it listed herein or not. The
temporary fencing material shall be either bright orange or yellow
and a minimum of forty-eight (48) inches in height. No gap shall be
left at the bottom separating surface from fencing.
D. If
the excavation in paved areas is not backfilled in the same day as
the commencement of the excavation, steel plates rated for HS20 loading
are to be placed over the excavation and secured such that vehicle
traffic may safely use the road.
E. It
shall be the duty of the person obtaining the excavation permit to
notify the City or the inspector designated by the City for such purpose
that the excavation is ready for inspection at the time the remaining
fill of six (6) inches is ready for completion, and the remaining
six (6) inches shall not be filled until so inspected.
[Ord. No. 975, 2-21-2023]
Any authorized representative of the City may close any public
street, alley, highway or any part thereof when necessary for the
proper control of traffic or upon which public work or improvement,
repair or reconstruction is in progress or presently contemplated,
or where in his/her opinion such is required for the safety and protection
of traffic and for such period of time as he/she may deem necessary
for the benefit of such work and safety, and for such purpose to cause
the street, alley or highway or part thereof to be barred to traffic
by the public and placarded as closed. It shall be unlawful for any
person willfully to drive or cause to be driven any animal or vehicle
on, along or across any public street, alley, highway, or any part
thereof so barred, or willfully to throw down, remove or otherwise
disturb any barrier or placard placed under the direction of an authorized
representative of the City. Any person who receives a citation for
a violation of this Section shall be fined not less than fifty dollars
($50.00) and not more than five hundred dollars ($500.00) for each
offense.
[Ord. No. 975, 2-21-2023]
It shall be unlawful for any person to make or cause to be made
or help, aid or assist in making any excavation in or on any public
street, alley, highway or other public place or in or upon any public
easement or right-of-way without first having obtained a permit therefor
and having made a deposit as required by the provisions of this Article.