[Ord. 1028, April 2017]
(1) 
It shall be unlawful for any person to dig, break, excavate, tunnel, undermine, or in any manner damage any area located within the limits of the City of Collegedale's right-of-way, including but not limited to pavement, storm drainage way, shoulder, curb, sidewalk, traffic control device, public utility easement bridge, access ramp, that portion of any private driveway in the street right(s)-of-way, or other parts of a city right(s)-of-way (all hereinafter referred to as "city rights-of-way" in this chapter), or to make or cause to be made any excavation in or under the surface of any city right(s)-of-way for any purpose or to place, deposit, or leave upon any city right(s)-of-way any earth or excavation material obstructing or tending to interfere with the use of same, unless such person shall first have obtained a right(s)-of-way excavation permit therefor from the city engineer, or designee, as herein provided.
(2) 
Notwithstanding subsection (1) above, construction of utility service lines from the main utility line to serve a utility customer shall not require an excavation permit unless a sidewalk, curb or the paved portion of a street is disturbed.
(3) 
Notwithstanding subsection (2) above, all excavation work done within the city right(s)-of-way must meet the requirements set forth by this in this ordinance, and the requirements set forth in the right-of-way permit. If a utility or contractor fails to meet the requirements set forth and do not correct the deficiencies expeditiously, the utility or contractor will be in violation of this ordinance and subject to the penalty set forth herein.
[Ord. 1028, April 2017]
No right(s)-of-way excavation permit shall be issued unless a written application is submitted to the city. The application shall be accompanied by plans or drawings as deemed necessary by the city. The city engineer shall have the authority to waive the filing of detailed plans and drawings if the excavation project is of such a small scale that the city engineer determines that such drawings or plans are not necessary.
[Ord. 1028, April 2017]
A permit fee shall be paid by the applicant to the city for the issuance of a right(s)-of-way excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The right(s)-of-way excavation permits shall be fifty dollars ($50.00) each. If work begins without first obtaining a permit, the permit fee shall be doubled.
[Ord. 1028, April 2017]
(1) 
Before a right(s)-of-way excavation permit is issued, the applicant shall deposit with the city a surety bond, letter of credit, or surety agreement in a form payable to the city. Surety bonds and letters of credit shall be submitted to the city pursuant to subsection (7) herein. The limit of the surety agreement shall be determined by the engineering and public works departments. The required surety bond or letter of credit must be issued by an insurance company or bank licensed and authorized to transact business in the State of Tennessee and shall be conditioned upon the permittee's compliance with this ordinance and the right(s)-of-way excavation agreement, and shall 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 right(s)-of-way excavation permit by reason of any accident or injury to persons or property, trespass, or inverse condemnation through the fault of the permittee, or subcontractor(s), and further conditioned to require permittee to refill, restore and replace in good and safe condition as near as may be to its original condition and conformity with approved plans, to the satisfaction of the city engineer and director of public works; to restore all openings and excavations made in city right(s)-of-way, and to maintain the city right(s)-of-way where excavation is made in good condition for the period of twelve (12) months after said work shall have been approved in writing by the city, ordinary wear and tear excepted. The twelve (12) month period for maintenance will renew and start over with any repair of any portion of the excavation site. Any settlement of the surface within the one (1) year period shall be deemed conclusive evidence of defective back-filling by the permittee. The city may rely upon the information furnished by the permittee and it shall be no defense to a claim by the city against permittee or surety that the city made an error in issuing the right(s)-of-way excavation permit.
(2) 
Recovery on a right(s)-of-way bond, letter of credit, or surety agreement for any claim shall not extinguish same, but it shall in its entirety be available for all subsequent claims during the excavation for which it was given, plus maintenance of the excavation for which it was given, plus maintenance of the excavation site as required by this chapter and the right(s)-of-way excavation agreement. In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city giving written notice to permittee and surety of such suit or claim, the permittee and surety shall hold the city harmless and indemnify the city for all expenses, including reasonable attorney's fees and costs.
(3) 
Any annual bond, letter of credit, or surety agreement given under this provision shall remain in force for one (1) year plus the one (1) year maintenance period, conditioned as above, in the amount specified in subsection (7) herein, which is based on the permittee's anticipated work for one (1) year and shall be applicable to all excavation in any city right(s)-of-way
(4) 
In lieu of a corporate surety bond, letter of credit, or surety agreement required above, the application may be accompanied with a cash deposit or cashier's check, made payable to the City of Collegedale for deposit. The amount shall be determined by the city engineer and director of public works.
(5) 
Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the city right(s)-of-way in as good a condition as it was prior to the excavation and in conformity with approved plans. If the permittee fails to make the necessary repairs or complete excavation within the time specified in the permit, the city may proceed to complete same and charge the expense to the permittee and surety as provided in subsection (6) below.
(6) 
The city may use any or all of any deposit, letter of credit, or bond to pay the cost of any work the city performs to restore or maintain the city right(s)-of-way in the event the permittee fails to perform such work as provided in the right(s)-of-way excavation agreement or this chapter. If the permittee exposes the public to danger and fails to promptly correct same after notice (should the permittee not be readily available, the notice requirement is waived), the city may take steps deemed necessary in the sole discretion of the city to correct a dangerous situation which is a threat to public safety and charge same to permittee and surety. Once an excavation is started, it must be completed expeditiously. In the event an excavation is not pursued expeditiously after started, or is not completed within the time specified in the permit or any extension, or is abandoned, or the area is not properly restored or maintained, the city may give the permittee seven days' notice of the deficiency. If corrective action is not initiated within said seven days or any extension thereof granted by the city engineer and director of public works, the city may perform the necessary work and charge same to permittee and surety. Prior notice to the surety is waived. Any permittee or surety aggrieved by any action of the city under this article is entitled to a due process hearing before the city manager upon written notice filed with the city recorder within ten (10) days of the event giving rise to the complaint. When the city uses its own employees to repair a street, shoulder, sidewalk, storm drainage ditch, or public utility that should have been repaired by a permit holder, the permit holder must reimburse the city at the rate of one hundred fifty percent (150%) of actual costs of the city. "Actual costs" are defined as employees' actual wages and benefits, with benefits calculated at thirty percent (30%) of wages; rental value of equipment, signs and barricades in accordance with a uniform schedule; cost of all materials; and, any outside costs.
(7) 
The bond will be based on a reasonable estimate as determined by the city engineer and director of public works.
[Ord. 1028, April 2017]
Any person making any excavation or tunnel in a city right(s)-of-way shall do so according to the terms and conditions of this article, the application, right(s)-of-way excavation agreement, applicable government regulations and codes, and the right(s)-of-way excavation permit. Barricades, signage, and lights shall be maintained in accordance with the Manual of Uniform Traffic Control Devices to protect persons and property from injury because of the excavation. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed to provide for safe travel for pedestrians. The permittee shall construct and maintain adequate and safe crossings over excavations and highways to accommodate vehicular and pedestrian traffic. Vehicular and pedestrian crossings shall be constructed and maintained in accordance with applicable policies, rules, regulations, and ordinances of the city and other applicable government agencies.
[Ord. 1028, April 2017]
The permittee shall not interfere with any existing utility without the written consent of the city engineer and the owner of the utility. If it becomes necessary to remove an existing utility, such removal or relocation shall be performed by the owner of such utility at the expense of the permittee. The permittee shall support and protect 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. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, the permittee must give prompt notice to the utility owning same. The repairs, shall be by the utility owner at the expense of the permittee or surety. The permittee shall be responsible for any damage to any public or private property. The permittee shall inform itself as to the existence and location of all-utilities before excavation and protect same against damage. The bond, letter of credit, or surety deposit shall be available to pay any expense associated with utility damage or damage to the property of another.
[Ord. 1028, April 2017]
The permittee shall at all times at the permittee's expense preserve and protect from injury adjoining property by providing proper lateral support, and other measures suitable for the purpose. Where it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission for such entry from the owner of such private property. All construction and maintenance work shall be performed in a manner calculated to leave the lawn, storm drainage ditch, and other areas clean of earth and debris, and in a condition as nearly as possible to that which existed before such work began and approved by the city engineer and director of public works.
[Ord. 1028, April 2017]
All material excavated from trenches and stored adjacent to the trench or in any city right(s)-of-way shall be stored and maintained in such a manner as not to endanger those working in the trench, pedestrians or motorist, and so that as little inconvenience as reasonably possible is caused to those using streets, sidewalks, and adjoining property. The material shall not be stored in a drainage way. Where the confines of the area being excavated are too narrow to permit storing excavated material beside the trench, the city engineer shall have the authority to require the permittee to haul the excavated material to a storage site. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites.
[Ord. 1028, April 2017]
As the excavation work progresses, all city right(s)-of-way and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from excavation. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer and director of public works. From time to time as may be ordered by the city engineer or director of public works, and in any event immediately after completion of said work, the permittee shall, at the permittee's expense, clean-up and remove all refuse and unused material of any kind resulting from said work. Notice to the surety is waived. Upon failure to do so within five (5) days after notification to permittee, said work may be performed by the city and the cost thereof charged to the permittee, and surety. The five (5) days' notice may be reduced when circumstances reasonably dictate less time, in the sole discretion of the city engineer, or designee.
[Ord. 1028, April 2017]
The permittee shall restore the surface of any city right(s)-of-way damaged as a result of the excavation work to its original or better condition and in accordance with the specifications from plans approved by the city engineer or director of public works. Noncompliance may jeopardize the permittee's future application for a permit and/or alter the requirements of future permits.
[Ord. 1028, April 2017]
The permittee shall prosecute with diligence and expedition all excavation work covered by the right(s)-of-way excavation permit and shall promptly complete such work after initiation. Permittee shall promptly restore the city right(s)-of-way and, in any event, not later than the date specified in the right(s)-of-way excavation permit.
[Ord. 1028, April 2017]
In the event of any emergency in which a sewer, water main, electric conduit, gas line or other utility is damaged or breaks and causes imminent danger to the property, life, health, or safety of any individual, the person owning or controlling the damaged utility shall immediately take proper emergency measures to cure or remedy the dangerous condition without applying for and obtaining a right(s)-of-way excavation permit hereunder. However, such utility shall apply for a right(s)-of-way excavation permit not later than the end of the next succeeding business day during which the city is open for business and shall not proceed with permanent repairs without first obtaining a right(s)-of-way excavation permit hereunder.
[Ord. 1028, April 2017]
The city engineer or director of public works shall make such inspections as are reasonably necessary for enforcement of this article. The city shall have the authority to promulgate and cause to be in force such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. The city engineer, public works director or designee shall have the authority to enforce the rules a regulations set forth in this ordinance, and the requirements set forth in the in the right-of-way permit. After a second failed inspection, a fifty dollar ($50.00) re-inspect fee will be assessed. This fee must be paid prior to any re-inspections performed.
[Ord. 1028, April 2017]
This article shall not be construed as imposing upon the city, city officials, or employees any liability for damages to any person injured by the performance of any excavation work for which a right(s)-of-way excavation permit is issued hereunder; nor shall the city, city officials, or employees be deemed to have assumed any such liability, or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work.
[Ord. 1028, April 2017]
In addition to all other requirements, each person applying for a right(s)-of-way excavation permit shall file a certificate of insurance indicating that the applicant is insured against claims for damages for personal injury and property damage which may arise from or out of the performance of the work, whether such performance by the applicant, subcontractor, or anyone directly or indirectly employed by the applicant. Such insurance shall cover collapse, explosive hazards, and work in a public street right(s)-of-way, and shall include protection against liability arising from completed operations. The insurance limits shall be prescribed by the city in accordance with the nature of the risk; provided, however, the liability insurance limits for bodily injury shall not be in an amount less than five hundred thousand dollars ($500,000.00) for each person and five hundred thousand dollars ($500,000.00) for each accident and for property damages an amount not less than one hundred thousand dollars ($100,000.00). Notwithstanding the foregoing, a governmental agency or municipal corporation that is self-insured is exempt from this provision.
[Ord. 1028, April 2017]
Any person, firm, corporation, public or private utility violating any provision of this chapter shall, upon a finding of a violation, be subjected to an administrative hearing penalty of up to five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed each day during which a violation occurs or continues.
[Ord. 1028, April 2017]
Eastside Utility District, Hamilton County Water and Wastewater Treatment Authority, the Electric Power Board are required to make application for permits under this chapter, but payment of permit fees and posting of bonds or cash deposits are hereby waived.