[Amended 4-14-2015 by Ord. No. 233]
No person shall, without first obtaining a permit from the Director of Public Works, make any opening in any street, alley, sidewalk or any public way within the City. No permit shall be granted when the ground is frozen unless the Director of Public Works determines such opening is necessary. The work shall be completed within 30 days after the permit is issued.
Application for a permit shall be made on a form supplied by the Clerk-Treasurer. The application shall be accompanied by a signed agreement to save the City harmless from any liability arising from the work or activity covered by the permit, the fee provided in § 330-5 below and a written description of the work, including a sketch designating the trench location.
[Amended 4-14-2015 by Ord. No. 233]
The permit fee shall be as set from time to time by resolution of the Common Council.
A certificate of insurance evidencing that the applicant has in force and will maintain during the term of the permit public liability insurance of not less than $500,000 for any one person, $1,000,000 for any one accident and $50,000 for property damage.
Every permittee shall enclose each opening which he may make in the streets or public ways of the City with barricades and barricade lights in such a manner as to adequately warn the traveling public during the period the excavation is open and until the street or sidewalk is restored and made passable for vehicular and pedestrian traffic. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Except by written permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work.
The permittee shall restore the street to as close to its original condition as possible and shall be responsible for any costs incurred by the City. The permittee shall notify the Director of Public Works when repaving has been completed. In the event caving occurs within one year of the completion of the project, the permittee shall be responsible for restoring the street.
In the event of an emergency, any person owning or controlling any sewer, conduit or utility in or under any street may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the end of the next succeeding business day.
The provisions of this article shall not apply to excavation work done under the supervision of the Director of Public Works by City employees or contractors performing work under contract with the City necessitating excavation in City streets.