A. 
Required. It is unlawful for any person to cut, break, dig up, damage in any manner, undermine, tunnel or in any other manner alter the surface within any right-of-way of any street, sidewalk, alley, road or highway within the corporate limits of the city without first obtaining a permit therefor from the city.
B. 
Application.
1. 
Applications for the permit required by subsection A of this section shall be in the form prescribed by the community development director and shall specify the name and address of the applicant, the date of the application, the name of the street, sidewalk, alley, road or highway to be cut or tunneled under, or the surface of which is to be altered, the nature of the existing street surface involved, the purpose and location within the right-of-way of the work, the size and nature of the cut, tunnel or alteration, and an agreement to deposit such security as required by the community development director. Applications shall be accompanied by or contain such maps, plans, information and stipulations as may be required by the community development director. The application shall state the approximate date the work will be completed.
2. 
If the community development director is satisfied that the excavation, cut, tunnel or alteration contemplated by application for a permit under this chapter is feasible and proper, and that the application has been made in due form, and that adequate security has been filed, as required by the provisions of this chapter, he or she shall issue a permit. Should he or she determine that the permit is not in the best public interest, then the permit shall be denied.
3. 
No work shall be undertaken other than that specified in the application and permit.
4. 
Permission must be granted by the community development director before any portion of the right-of-way is closed to traffic, or traffic is impeded. To facilitate the routing of police, fire, emergency vehicles and school transit, the permit applicant must notify these authorities prior to impedance.
5. 
All work undertaken by applicant in said permit shall be warrantied by applicant for a period of one year from accepted completion.
6. 
All work performed within the right-of-way or impeding traffic in any way shall conform to the adopted practices of the Manual on Uniform Traffic Control Devices 2009 Edition, and any successor edition.
C. 
Deposit or Bond Required of Applicant. Before the issuance of any permit under this chapter, the community development director shall require the applicant to file with him or her, as security either:
1. 
Cash, certified checks or a security bond in an amount equal to the estimated replacement cost of the payment to be cut, tunneled or altered, together with the cost of re-excavating and filling with proper materials, as determined by the community development director. Such security to be held for a period of time to be designated by the community development director, but not to exceed one year from the accepted completion of the work. Accepted completion is subject to the conditions that the applicant will, immediately upon completion of the work, remove all surplus earth, rubbish or other material, replace the pavement, cut or undermine, or other alteration in as good condition or better than it was before;
2. 
A blanket surety bond to cover all streets, sidewalks, roads, alleys and highways cut, tunneled or altered by any particular applicant for the period of one year, renewable in an amount to be fixed by the community development director, but not to exceed $5,000 and subject to the same conditions as stated above.
D. 
Fee. The schedule of permit fees covering the cost to the city for administration and field inspections of permits shall be the latest adopted by the city council on file with the city clerk.
E. 
Term. A permit issued under this chapter shall not be valid after the completion date, unless an extension of time is endorsed thereon and signed by the community development director, in which case such extended date shall control.
F. 
Emergency Cuts. In the event a utility line should be damaged or be interrupted in some manner requiring immediate repairs, such work may proceed without a permit. The owner of the utility shall apply for a permit for the work the first working day after the emergency cut.
(Prior code §§ 23-12 — 23-17; Ord. 18-002 § 1, 2018; Ord. 23-004 § 1, 2023)
Whenever, in the opinion of the public works director, it would be to the best interests of the city for the city to replace or repair the street surface or pavement cut, dug up, damaged, tunneled under, undermined or in any way altered under the provisions of this chapter, such work shall be done by the city under the direction of the public works director, and the cost of the work shall be either charged to the person to whom the permit for the work has been granted or deducted from the security deposited by him or her with the public works director.
(Prior code § 23-18; Ord. 18-002 § 2, 2018)
A. 
The permittee shall be responsible for restoring any pavement, curb, sidewalk or any other structure removed or damaged during the course of trenching activity, to its original condition or better. The permittee may be required by the community development director to place temporary patches or repairs as necessary to restore the traveled way during periods of the winter or during weather conditions which will not allow permanent repairs. Where extensive trench activity will be performed and the permittee wishes to delay permanent repairs until final stages of the project, the community development director may require temporary surface repairs. The permittee shall be required to backfill all street cuts and provide at least a temporary surface repair within 24 hours of opening such cut in any arterial street, or 48 hours in any lesser street classification, unless otherwise allowed by the community development director. Upon backfilling any street cut and allowing access of such area to the public, the surface of such cut shall be maintained by the permittee until permanently restored.
B. 
For purposes of this section, a temporary repair shall be constructed and maintained of any material which is not permeable to water, does not become unstable from common use of the particular area and provides a surface smoothness consistent with posted vehicle speed, and does not constitute a hazard to the public.
C. 
Whenever the work of construction under this chapter shall obstruct through traffic on the streets in the vicinity, the permittee shall furnish, erect and maintain adequate barriers across the roadway; and shall furnish, post and maintain detour signs thereon and at the necessary adjacent street intersections sufficient for the guidance of traffic. Such signs and barricades shall be in accordance with the Manual on Uniform Traffic Control Devices 2009 Edition, and any successor edition. The permittee shall provide access for emergency vehicles through the area.
(Prior code § 23-19; Ord. 18-002 § 1, 2018; Ord. 23-004 § 2, 2023)
A. 
Each applicant shall be responsible for maintaining the drainage in the area of construction. Gutters shall not be dammed unless adequate provisions are made for routing of runoff.
B. 
Every person having placed any alteration in the right-of-way, road, alley or highway, or making any excavation therein under the provisions of this chapter, shall be responsible to all persons for injury or damage due to negligence by reason of the presence of such alteration or excavation in the public right-of-way and also shall be liable to and hold the city harmless in the event that the city shall be held responsible for any accident, claims or otherwise arising out of the presence of any such alteration or excavation in the public right-of-way.
(Prior code § 23-22)