[CC 1988 §24-131; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
A.
No
person shall make or suffer to be made within the City any excavation
in any public street, place, walkway, right-of-way or easement unless
and until a permit for such excavation has been obtained from the
City Planning and Zoning office in accordance with the provisions
of this Chapter. No exception to this requirement shall be permitted
except:
[CC 1988 §24-132; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 94-2152 §1, 6-27-1994; Ord. No. 95-2204 §1, 11-28-1995; Ord. No. 96-2225 §1(A), 3-12-1996; Ord. No. 2011-2905 §1, 5-24-2011; Ord. No. 2013-2952 §1, 5-28-2013]
A.
Application for an excavation permit shall be made with the Planning
and Zoning Director or his/her designated representative. An application
shall be made in writing, or under specified circumstances, by telephone.
The application shall contain such information as the Planning and
Zoning Director or his/her designated representative may require regarding
the purpose, location and size of the proposed excavation and the
approximate time when the work thereon will be commenced and completed.
When it is not practical to obtain a written permit prior to excavation,
the person or business may request a permit by telephone or facsimile
communication. In order to obtain a permit without a written application,
the person or business must have on file with the Planning and Zoning
Director or his/her designated representative the name, address and
telephone number of the person's or business's primary business
location and a copy of a current business license. If a telephone
application is made, then the person or business requesting the permit
shall file, within two (2) working days, a written application with
the Planning and Zoning Director or his/her designated representative.
A separate permit shall be required for each excavation, and a fee
of fifty dollars ($50.00) shall be paid for excavations of one-half
(1/2) the width of the street or less, and a fee of one hundred dollars
($100.00) shall be paid by the applicant for all excavations of a
street greater than one-half (1/2) the street width, for each such
permit requested. Prior to performing an excavation in the public
right-of-way, the applicant shall have on file with the City Clerk
a bond in the amount of two hundred fifty dollars ($250.00).
B.
The penalty for failure to obtain a permit on any utility cut to
be performed or for failing to properly follow any Section within
this Chapter, except when an emergency situation shall exist, shall
be a fine of not less than two hundred fifty dollars ($250.00).
[CC 1988 §24-133; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
The Planning and Zoning Director shall prepare and keep at least
one (1) copy of the City's specifications for excavation work on file
in the City Clerk's office and the City Planning and Zoning office
to be available to the public for inspection and use during all regular
business hours. Such specifications shall state the minimum requirements
for cutting of any street or public way, backfill, required compaction,
resurfacing material and time for completing project.
[Ord. No. 83-1827 §4, 7-11-1983; Ord. No. 84-1852 §4, 6-11-1984; CC 1988 §24-134; Ord. No. 2011-2905 §1, 5-24-2011]
Any person having occasion to make frequent excavation in any
public place, street, walkway, right-of-way or easement, or any licensed
plumbing contractor having his principal place of business in this
City who shall make any such excavations, shall not be required to
pay the permit fee each time an application is made therefor, but
may be billed on a monthly basis for such fees and costs.
[CC 1988 §24-135; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
A.
Every
person who makes or causes to be made any excavation in or adjoining
any public street, sidewalk 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.
B.
Every
person who makes or causes to be made any excavations shall indemnify
the City against all liability arising by reason of such excavations.
[CC 1988 §24-136; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
The permit holder shall be liable for any damages occurring
by reason of an excavation and shall save the City harmless from any
claims, damages or causes of action.
[Code 1972 §32-23; Ord. No. 80-1785 §1, 12-8-1980; CC 1988 §24-137; Ord. No. 2011-2905 §1, 5-24-2011]
A.
All
utility companies shall at the option of the City be billed at the
end of each month for all permits, inspections, fees and charges,
and costs herein provided incurred by them during the month.
B.
Firms,
corporations and other persons who perform excavating shall be billed
at the time of obtaining their permit for all costs herein incurred.
[Code 1972 §32-24; CC 1988 §24-138; Ord. No. 94-2152 §2, 6-27-1994; Ord. No. 2011-2905 §1, 5-24-2011]
A.
Upon
completion of excavation, no backfilling or asphalting shall begin
without the presence of a designated City inspector. The excavation
shall be inspected to establish that the street has been properly
prepared for paving. Once the inspection is complete and the site
is approved, the area shall be filled with three-fourths (¾)
inches clean rock up to the last six (6) inches where City-approved
street mix concrete shall be placed and mechanically vibrated to bring
excavation to match existing street grade as approved by the Planning
and Zoning Director or Public Works Superintendent. If concrete is
not poured at the time of backfilling, then compacted base rock shall
be used for the last six (6) inches and shall match existing grade
of street. Base rock shall be maintained until placement of above
mentioned concrete is completed.
This should be done in such a manner so as to leave the surface
of the street smooth, firm and intact, and to prevent the paved street
or public place from becoming a sinkhole. Upon completion of the fill,
it shall be inspected by the Planning and Zoning Director or designated
inspector, or the Street Department to see that the street has been
left in a safe and good condition ready for paving. If any fill is
found not be properly made, the Planning and Zoning Director shall
have the same done properly, and charge the costs thereof against
the person to whom the permit was granted.
B.
When
the excavation is made in other than a paved area, the original excavation
material may be approved as backfill by the Planning and Zoning Director
or Public Works Superintendent with the top six (6) inches being of
crushed base rock material.
[CC 1988 §24-139; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
The work of placing, compacting, backfilling and resurfacing
excavated areas shall be performed at the sole cost of the person
making the excavation. If such person is not sufficiently qualified
to perform the excavation or resurfacing work, the person making the
excavation may hire an independent contractor to perform such work
to make the necessary changes so as to conform with the City's specifications
for excavation work. Charges and expenses to perform such work shall
be paid by the applicant.
[CC 1988 §24-140; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 94-2152 §3, 6-27-1994; Ord. No. 2004-2599 §1, 6-8-2004; Ord. No. 2011-2905 §1, 5-24-2011]
A.
When
backfilling the excavated area three-fourths (¾) inches clean
rock is to be used up to the last six (6) inches where City-approved
street mix concrete shall be and mechanically vibrated to bring excavation
to match existing street grade. If concrete is not poured at the time
of backfilling, then compacted base rock shall be used for the last
six (6) inches and shall match existing grade of street. Base rock
shall be maintained until placement of above mentioned concrete is
completed.
1.
Repairs made by utility companies may use six (6) inches of rock
free dirt, lime sand, ag sand, or five-sixteenths (5/16) inch rock
(pea gravel) to pad lines.
2.
Prior to backfilling, the Planning and Zoning Director or designated
inspector, or the Street Department shall inspect the excavation to
establish that all water and wet loose materials shall be removed
from the area.
3.
Prior to placement of said concrete required in this Section, the
Planning and Zoning Director or designated inspector, or the Street
Department shall inspect the site.
4.
When backfilling non-paved alleys or City rights-of-way, backfill
material shall be approved by the Planning and Zoning Director or
Public Works Superintendent.
B.
Every
contractor shall check their cuts once a week up to time of repaving
to keep enough rock in cut to not effect motorists driving over them.
C.
Planning
and Zoning Director shall be contacted when an excavation is being
made and filled for inspection.
D.
Asphalt Repairs. When approved by the Planning and Zoning
Director or Public Works Superintendent.
1.
Prime or tack oil will be required when replacing asphalt in all
cuts made by any contractor on an asphalt surface.
2.
Cuts on chip and seal streets are to be replaced with cold mix.
3.
Cuts on all streets that have been overlayed or leveled with hot
mix, prime or tack oil will be required along with hot mix.
4.
The use of prime or tack oil will depend on the size of the cut along
with the Planning and Zoning Director or Public Works Superintendent's
recommendation.
5.
Prime MC30 or MC70 type oil will be required.
6.
Tack oil SS1 type will be required; if water is used with the tack
oil, not more than twenty-five percent (25%) water will be allowed.
7.
Planning and Zoning Director or Public Works representative will
be present when oil and asphalt work is being done.
8.
Asphalt must be replaced thirty (30) days after the cut has been
made, weather permitting.
9.
All cuts made on hot mix surfaces shall have a minimum of twelve
(12) inches of bridging or overlapping around the cut.
10.
Repairs for all excavation permits issued shall be inspected not
more than twenty-four (24) months following the date of the permit
to ensure repairs stay in good condition. Any repairs that are required
will be the responsibility of the person or entity to whom the permit
was issued.
[CC 1988 §24-140.5; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
Any person, firm or corporation in making any excavation or
tunnel in or under any public street, alley or other public place
in the City shall restore the surface in accordance with the specifications
established from time to time by the City and on file in the City
Clerk's office. All such restoration shall be performed at the sole
expense of applicant. Additionally, the applicant shall have the sole
responsibility for all costs of maintenance and shall unconditionally
guarantee the restoration project for a period of twenty-four (24)
months after final completion thereof against any defective materials,
workmanship, or failure to conform with the specifications including,
but not limited to, any damage or defective work caused by natural
elements, wear and tear, or results of accidents.
[Code 1972 §32-26; CC 1988 §24-142; Ord. No. 2011-2905 §1, 5-24-2011]
The Planning and Zoning Director or designated inspector, or
the Street Department shall inspect every excavation made under the
provisions of this Chapter as often as he may deem necessary.
[CC 1988 §24-143; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 94-2152 §4, 6-27-1994; Ord. No. 2011-2905 §1, 5-24-2011]
A.
The
excavation and restoration work hereinbefore specified, including,
but not limited to, street resurfacing, shall, for a period of twenty-four
(24) months following the date of the excavation work, be the responsibility
of the applicant and excavator who shall bear all costs of maintenance
on the repaired portion for such time.
B.
If
there are found to be three (3) or more excavations made within a
one (1) block area on a street that has been overlayed within the
last two (2) years, the same area must be overlayed by the applicant
within the remainder of the twenty-four (24) month maintenance agreement.
[Code 1972 §32-27; CC 1988 §24-144; Ord. No. 2011-2905 §1, 5-24-2011]
A.
In
making excavations in streets, alleys or sidewalks for laying service
pipes or making repairs, or for any other purpose, the earth, plank,
brick, paving stones or other material removed shall be deposited
in a manner that occasions the least inconvenience to the public and
provides for the passage of water along the gutters.
B.
If
any spoils and fill material transported to and from the excavation
site are spilled onto any public street, paved alley or other public
place in the City, they shall be immediately cleaned up by the individual
or company performing the excavation with the expense of the cleanup
to be the sole responsibility of said individual or company.
[CC 1988 §24-145; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2002-2514 §1, 7-9-2002; Ord. No. 2011-2905 §1, 5-24-2011]
Any person, firm or corporation who violates any provisions
of this Chapter, or when repair work has not been completed after
three (3) working days (weather permitting), shall be subject to a
fine of not less than twenty-five dollars ($25.00) but not more than
two hundred fifty dollars ($250.00) a day until work is completed,
unless special written permission from the Planning and Zoning Director
or Public Works Superintendent or designated agent thereof is granted.
