For the purpose of this chapter, inclusive, the following terms shall have the indicated meaning:
(A) 
"Excavation"
shall mean any opening or filling in the surface of a public place.
(B) 
"City manager"
shall mean city manager of the city of Cornelius or designee.
(C) 
"Public place"
shall mean any public street, street right-of-way, place, alley, sidewalk, park, square, plaza, or other public property owned or controlled by the city.
(D) 
"Person"
shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(Ord. 592 § 2, 1982; Code 2000 § 3.405)
No person shall make an excavation of paved surface or fill an excavation in a public place without first obtaining a permit from the city manager.
(Ord. 592 § 2, 1982; Code 2000 § 3.406)
The application for an excavation permit shall be filed in the office of the city recorder on a form furnished by the recorder. The application shall be accompanied by the following:
(A) 
For each cut, opening or interruption of paved surface made generally parallel with the right-of-way line, a resurfacing fee in the amount established by resolution of the city council shall apply.
(B) 
For all other cuts, openings, or interruptions of paved surface, a resurfacing fee in the amount established by resolution of the city council shall apply.
(C) 
Plans, drawings, and specifications disclosing the location of the proposed excavation, materials to be used and other matters which may be required by the public works superintendent or city engineer.
(D) 
A fee in the amount established by resolution of the city council which shall be used in connection with the administration and inspection of work done pursuant to the excavation permit.
(Ord. 592 § 2, 1982; Code 2000 § 3.407; Ord. 2018-05 § 1 (Exh. A), 2018)
Prior to issuance of an excavation permit, the applicant shall deposit with the city manager a certificate of comprehensive public liability insurance covering the work to be done by the applicant under the excavation permit. The policy of insurance shall provide for not less than $300,000 for any injury sustained in one occurrence and property damage coverage in an amount not less than $100,000.
(Ord. 592 § 2, 1982; Code 2000 § 3.408)
As a condition of the issuance of an excavation permit, the applicant shall indemnify and hold the city, its officers, employees, representatives, and agents harmless from and against any and all claims, demands, judgments, expenses, costs, or charges arising out of or related to the excavation and other work covered by the excavation permit. The application shall defend and pay all costs of defending the city, its agents, officers, employees, and representatives in any action or other proceeding which may be filed against them, and/or of them, as a result of the applicant's work and activities under the excavation permit.
(Ord. 592 § 2, 1982; Code 2000 § 3.409)
The permit holder shall be required by the terms of the permit to restore the surface of public places to the condition existing prior to the interruption and in accordance with restoration standards contained in the permit. The permit shall contain a provision authorizing the city to restore the public place surface to its existing condition if the applicant or permit holder fails to do so and assess the costs of the restoration against the permit holder.
(Ord. 592 § 2, 1982; Code 2000 § 3.410)
The city of Cornelius or any of its departments or divisions and any person to whom a franchise to use public places has been granted by the city council shall not be required to pay a resurfacing fee under the provisions of CMC § 12.30.030(A) or (B). Any such person shall be required to make application for and secure an excavation permit and pay all other fees provided for in CMC § 12.30.030(D).
(Ord. 592 § 2, 1982; Code 2000 § 3.411)
In the event any pipe, conduit, manhole, vault, buried cable, wire, or any other structure located below the surface of any public place should be damaged by the permit holder or his agents, representatives or designees, the substructure shall be repaired by the owner thereof and the expense of such repair shall be charged to the permit holder. The permit holder shall be liable for any damage caused to any public property, including but not limited to the damage to water lines, sewer lines, and other city-owned utilities.
(Ord. 592 § 2, 1982; Code 2000 § 3.412)
The permit holder shall at all times, at his own expense, preserve and protect from damage any adjoining property by providing proper foundations and taking other measures suitable for that purpose. Wherein the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permit holder shall obtain a license from the owner of such private property. The permit holder shall, at his 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 resulting from his failure to protect such structures.
(Ord. 592 § 2, 1982; Code 2000 § 3.413)
All material excavated from trenches shall be placed by permit holder in a location which shall not constitute a hazard or danger to persons lawfully using the public place or places being excavated, and shall not be placed within a public right-of-way without prior written approval from the city. During the work performed under any excavation permit, the permit holder shall keep all streets and public places thoroughly cleaned of all rubbish, excess earth, rock, or other debris and dust resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permit holder. In the event the permit holder fails or refuses to comply with the provisions of this section, the city manager, after notice to the permit holder, may direct the cleanup and removal of all rubbish, excess earth, rock, or other debris and dust and assess the cost thereof against the permit holder.
(Ord. 592 § 2, 1982; Ord. 716 § 1, 1991; Code 2000 § 3.414)
All work performed by the permit holder under the provisions of the excavation permit shall be in accordance with standards established by the city engineer which standards may include but not be limited to methods of excavation, backfilling, restoration of surface, and restoration standards.
(Ord. 592 § 2, 1982; Code 2000 § 3.415)
Nothing contained in this chapter shall cause the city or its employees, agents, or representatives to be liable for damages or injury to any person or property which may result from or arise out of the performance of any excavation work under an excavation permit.
(Ord. 592 § 2, 1982; Code 2000 § 3.416)