[Adopted 12-29-1975 as Ch. 28 of the Public Ordinances of 1975]
No wheel or tooth harrow, wheel plow, cultivator or other machine,
implement or vehicle having metal wheels or having wheels or rolls
with irregular, pointed, cutting or corrugated rims, bands or surfaces,
by which the surface of the street may be broken, torn up or displaced,
shall be driven, hauled or dragged over, through or upon the surface
of any street, square or way in the City which is covered or surfaced
with macadam, Tarvia, cement, concrete or other similar coating or
covering.
[Amended 5-25-1987 by Ord. No. 137-87.4; 2-28-1994 by Ord. No. 248-94.6; 10-13-2020 by Ord. No.
2020-201-15]
A.
No person or persons, company or corporation shall excavate or disturb
any street material in any highway, street, square, alley or other
public place in the City, the surface of which is covered with macadam,
granite block, coal-tar concrete, brick or other form of pavement,
without first obtaining permission from the Director of Public Works,
and upon the Director's request, depositing with the Department of
Public Works, a sum of money that the Director estimates will be sufficient
to pay the cost of the City replacing the earth excavation and the
pavement disturbed in the best possible manner, under the direction
and to the satisfaction of said Director of his designee. In such
replacement, only such persons shall be employed and such materials
used as said Director shall direct. On completion of the replacement,
the Director of Public Works shall render to the depositor an itemized
account of the total cost and return any unexpended balance of the
deposit.
B.
Temporary and final trench repair. In all cases of excavation or disturbance of any street material, the entity seeking to perform the work shall perform the temporary and final trench repair at the cost of the person, persons, company or corporation undertaking the excavation or disturbance of that material. In such temporary and final trench repairs, only such persons shall be employed, and such materials used as said Director shall direct. The deposit described in Subsection A will pay the cost for the City to make repairs, if necessary, to the earth excavation and the pavement disturbed in the best possible manner, under the direction and to the satisfaction of said Director or his/her designee. At the end of the one-year warranty period, the Director of Public Works shall render to the depositor an itemized account of the total cost and return any unexpended balance of the security deposit.
C.
Fees.
(1)
The person, persons, company, or corporation undertaking the excavation
(permittee) shall be responsible for the following fees prior to permit
approval. The fees for an excavation permit, payable in advance, are
as follows:
(a)
An administrative and inspection fee of $125.
(b)
A street damage charge of $5 per square foot of excavation occurring
within the paved portions of the public right-of-way or on City property.
(c)
An infrastructure damage charge of $2.50 per square foot of
excavation occurring within the unpaved sidewalk areas of the public
right-of-way or on unpaved portions of City property.
(2)
All fees shall be based upon information provided by the applicant
at the time of the application subject to verification of actual excavation
impacts by the City's inspection representatives.
(3)
Fees are not applicable to work that is directed by the City.
D.
Protection of streets. After a City street has been overlaid, rehabilitated,
newly constructed or reconstructed, the City street will be considered
to be under moratorium for a period of five years. In an effort to
protect the City's investment in its infrastructure, excavations
in areas under moratorium within the public right-of-way or on City
property, are prohibited except as follows:
(1)
Excavations to remedy a public emergency or a situation that creates
an imminent threat to the public safety, health, or welfare.
(2)
Repair or modification to prevent interruption of essential utility
services where no reasonable alternatives are available to avoid excavation
in new pavements.
(3)
Relocation work that is mandated by state or federal legislation.
(4)
Utility services for new buildings or parcels without existing utility
services where no other reasonable means of providing service exists,
as determined by the City Engineer.
(5)
Excavations within protected streets where the City has scheduled
the reconstruction within one year due to the failure of the original
pavement.
(6)
Other situations deemed by the Public Works Director or his/her designee
to be in the best interest of the general public.
E.
Pavement life reduction factor. If work is done on a street that is currently under moratorium as described in Subsection D, the permittee will be responsible for paying an additional pavement life reduction factor. The pavement life reduction factor will be assessed to the street damage charge as follows:
F.
Nothing
in this section shall be construed to prevent excavations from occurring
as may be necessary for the preservation of life or property in an
emergency condition. In the event of emergencies, the dispatcher on
duty at the Police and Fire Department shall be notified immediately
of any emergency excavation within the public right-of-way or on City
property. Additionally, the Department of Public Works and any utilities
affected by the emergency shall be notified immediately by telephone.
The responsible person, persons, company or corporation shall obtain
an excavation permit at the Department of Public Works within 72 hours
of the emergency.
[Added 5-17-1993 by Ord. No. 235-93.07; amended 3-23-1998 by Ord. No. 04.98.04]
A.
Any person, company or corporation who or which constructs or installs
a driveway that opens upon a City street or public way shall first
obtain a driveway permit from the Director of Public Works.
B.
A paving permit will also be required for paving and/or other driveway
work, including the following:
(1)
Resurfacing of existing paved driveway or access.
(2)
Paving of graveled areas between 100 and 1,500 square feet total
area.
(3)
Conversion of green space to paved surface (between 100 and 1,500
square feet). In this instance, applicant must secure approval from
Code Enforcement Office regarding zoning compliance before DPW paving
permit will be issued.
(4)
Modification of a driveway opening (curb cut). Permit requests for
other than single-family residential driveways may also be subject
to zoning compliance review by the Code Enforcement Office.
Any person who violates the provisions of the article shall
be guilty of a violation punishable by a fine or not more than $500
or imprisonment for not more than 90 days, or both. Such person shall
be deemed to be guilty of a separate offense for each and every day
during any portion of which any violation of this article is committed,
continued or permitted by such person and shall be punishable therefor
as provided therein.
