[Code 1980 §25-16; CC 1990 §22-26]
A.
Every
applicant for an excavation permit shall register with the City proof
that the applicant is maintaining liability insurance in the sum of
one million dollars ($1,000,000.00) for bodily injury to each person,
one million dollars ($1,000,000.00) for bodily injury to all persons
in one (1) occurrence and one million dollars ($1,000,000.00) for
all property damage in one (1) occurrence arising out of or on account
of excavation work or on account of or in consequence of any neglect
in safeguarding the work. Such insurance shall be carried in a firm
or corporation which has been licensed or permitted to carry on such
business in the State and shall be kept and maintained continuously
in force and effect so long as the excavation work shall be in process.
A verified copy of the insurance policy shall be filed with the Director
of Public Works, with the certificate of the insurer that the policy
is in full force and effect and that such insurance will not be altered,
amended, terminated or ended without notice having been given to the
City. In lieu of the insurance as herein provided, the applicant may
deposit a corporate or other surety bond in the penal sum of one hundred
thousand dollars ($100,000.00) conditioned that he/she will pay any
judgment recovered by any person injured or any property damage incurred
on account of the excavation work or on account of or in consequence
of any neglect in safeguarding the work. In the event the insurance
policy provided for herein lapses and is not immediately renewed or
any bond terminates in any manner whatsoever and a substitute in lieu
thereof is not deposited, the permit for such excavation shall be
revoked immediately.
B.
The
provisions of this Section shall not apply to individual property
owners who are doing their own work and do not hire an outside contractor
to complete the improvement.
[Code 1980 §25-17; CC 1990 §22-27]
In making an excavation in any public place, the excavated materials
from the trenches shall be placed where they will cause the least
possible inconvenience to the public. The width of excavation shall
be no greater than two (2) feet by three (3) feet or such as is necessary
for doing the work and shoring and bracing shall be used as necessary
to keep the sides of the trench vertical and to prevent caving. Adequate
provision for proper drainage of the areas surrounding the work shall
be maintained at all times.
[Code 1980 §25-18; CC 1990 §22-28]
Excavations made in or under the street, walk or driveway pavements
are to be backfilled with granular material, which shall meet a minimum
ninety-five percent (95%) compaction, thoroughly compacted into place
as specified by this Article and the pavement surface restored to
its original condition. In such locations excavated materials shall
be removed from the site of the work as soon as practicable after
the excavation is made and no such material shall be unduly allowed
to accumulate on the site.
[Code 1980 §25-19; CC 1990 §22-29]
Approved granular backfill material shall be composed of either
crushed quarry rock or gravel and sand, free from any clay lumps,
trash or dust-sized particles and any organic materials. Other materials
may be used only with the approval of the Director of Public Works.
The maximum size of any granular material used shall not exceed one
(1) inch. Quarry material or gravel or sand is to be placed in horizontal
layers no greater in final thickness than six (6) inches and shall
be densified by mechanical tamping or inundating and vibration. The
granular material used shall meet a minimum ninety-five percent (95%)
compaction.
[Code 1980 §25-20; CC 1990 §22-30]
All excavations outside of the paved area of streets or walks may be backfilled with earth and all grassed areas shall be returned to their original condition by sodding or seeding as directed by the Director of Public Works. Earth backfill material shall be placed and compacted in lifts not over six (6) inches in initial thickness with pneumatic tamping at air pressures of at least eighty (80) p.s.i. on the surface of each lift a minimum of ten (10) seconds per square foot of area on all portions of the lift. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of. If granular fill is used, the granular fill shall not come closer to the surface than twelve (12) inches and shall be placed in accord with Section 530.060. The top twelve (12) inches of the fill will be made as outlined above, with the shallower soil removed from the excavation. The requirements of this Section shall apply equally to all persons, including private, public and municipally owned utilities.
[Code 1980 §25-21; CC 1990 §22-31]
A street inspector's presence may be obtained by request to
the Public Works Department specifying the intent to backfill and
the time of the intended operations. The penalty for non-compliance
with this Section shall be that all such backfill must be removed
and replaced under a street inspector's supervision.
[Code 1980 §25-22; CC 1990 §22-32]
In case of an emergency where the public health or safety is in danger and the office of the Director of Public Works is not open, the provisions of this Article relating to the issuance of permits prior to commencement of work of excavation shall not apply. In such case the person making the excavation shall notify the Police Department of the City that the emergency work is being commenced and the location thereof and the work may proceed immediately following the procedures outlined in Sections 530.050 through 530.070; however, final surfacing or temporary patches shall not be applied to the excavation until such time as the Director of Public Works has inspected and approved the backfill and issued a permit therefor. Application for the permit shall be made on the first (1st) day on which the office of the Director of Public Works is open after the work is commanded.
[Code 1980 §25-23; CC 1990 §22-33]
All excavations regulated by this Article shall be made in such
manner as not to inconvenience or interfere with the public use or
travel upon the streets, avenues, alleys, sidewalks or other public
places when possible. When such use is unavoidably obstructed, the
person making such excavation shall exercise all reasonable dispatch
in prosecuting the work so that the public use will not be obstructed
beyond a reasonable time. In cases where excavations are made entirely
across a public highway and adequate detour for traffic is not available,
a substantial driveway or trench cover shall be maintained across
such excavation until the same is refilled. Detours may not be established
except on special permit from the Director of Public Works and then
only after notice to the Fire Department and Police Department of
the City. All sidewalks, crosswalks, curbs, gutters, streets, avenues,
alleys or public places disturbed, interfered with or injured in making
any excavation shall be restored, replaced and repaired to as good
condition as they were before such excavation was made.
[Code 1980 §25-24; CC 1990 §22-34]
Every person who shall make or cause to be made any excavation
in or adjoining any public street, alley, highway or public place
shall provide, erect and maintain at all times along the line of work
all such barricades, signs, lights and warning signals as may be necessary
to protect the public from the hazards arising from the operation.
All traffic control operations, for partial or full lane closures,
shall adhere to the provisions in the Manual on Uniform Traffic Control
Devices, 2001 AASHTO/ITE/ATSSA, Publication No. MOTCD-6-01-10, and
all revisions thereafter made to this manual.
[Code 1980 §25-30; CC 1990 §22-46]
No person shall make or cause to be made any excavation in any public place, street, highway, walkway, alley, right-of-way or easement without first obtaining a permit from the City as provided by this Article, except public work done under the authority of the Council by the employees of the City or by any contractor under contract with the City and except as otherwise provided in Section 530.090.
[Code 1980 §25-31; CC 1990 §22-47; Ord. No. 5337, 4-13-1992; Ord. No. 5409, 10-26-1992]
Application for an excavation permit as required by Section 530.120 shall be made in writing to the Director of Public Works, which application shall contain information regarding the purpose, location and size of the proposed excavation and the approximate time when work on same will be commenced. Except as otherwise provided by Section 530.150, each excavation shall require a separate permit for which a fee of fifty dollars ($50.00) shall be paid. Before any excavation permit is issued, the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work as provided by Section 530.030. Prior to the issuance of any excavation permit, there shall be deposited and maintained with the Director of Finance a cash deposit or a bond in the amount of two thousand dollars ($2,000.00) to secure compliance with the provisions of this Article.
[Code 1980 §25-32; CC 1990 §22-48]
Every application for a permit and permit under the provisions
of this Article shall state the length of time it is estimated will
elapse from the commencement of the work until the complete restoration
of the surface. It shall be unlawful to fail to comply with this limitation
unless permission for an extension of time is granted by the Director
of Public Works.
[Code 1980 §25-33; CC 1990 §22-49; Ord. No. 5409, 10-26-1992]
Whenever a number of excavations are required for the completion
of a job, a permit fee of one hundred dollars ($100.00) shall be paid
to cover the cost of all such excavations. However, nothing in this
Section shall be construed to be a waiver of any of the other provisions
of this Article and all information as to the purpose, location and
size of the proposed excavations and the approximate time when the
work on same shall be commenced shall be furnished.
