[Ord. No. 975, 2-21-2023]
No person shall make or cause to be made or help, aid or assist therein, any excavation on any public street, highway, alley or other public place, or any public easement or right-of-way, without first having made application to the City for a permit for such excavation and receiving from the City a written permit to proceed. Before such permit shall be granted, the applicant shall deposit one hundred thirty percent (130%) of the City's estimated cost of restoration of the excavation, to restore the street, highway, alley or other public place, public easement, or right-of-way, in as good condition as it was before the excavation was made, and in accordance with the conditions provided in this Article. In addition to such deposit, the applicant shall pay a fee amount as identified in the Schedule of Fees for the permit to excavate.
[Ord. No. 975, 2-21-2023]
The deposit shall be returned to the depositor not later than six (6) months after the work shall have been completed, inspected, and the place restored to its original condition and in accordance with the provisions of this Article. This six (6) month time frame shall serve as a warranty period. If the excavation is not restored, the deposit will be forfeited. The City shall thereafter cause the excavation to be restored utilizing the forfeited deposit to pay for the costs of restoration. If the deposit is not sufficient to pay the entire costs thereof, the depositor shall be required to pay the balance thereof.
[Ord. No. 975, 2-21-2023]
All asphalt base and concrete streets shall be sawed or cut prior to excavation. The City will determine sawcut locations for concrete pavement or sidewalk.
[Ord. No. 975, 2-21-2023]
Every person who shall cause to be made any excavation in or adjoining any public street, highway, alley or public place or any public easement or right-of-way shall cause the excavation to be adequately protected so as to prevent persons, animals or vehicles from falling into such excavation, and shall cause red warning lights or torches to be maintained about such excavation and keep the lights or torches lighted from sunset to sunrise. Whenever any person shall excavate the sidewalk of any street, it shall be his/her duty to place a strong and suitable footbridge over such excavation in line with the sidewalk, at least five (5) feet wide and securely anchored on each end.
[Ord. No. 975, 2-21-2023]
A. 
Excavations in any unsurfaced areas and greater than two (2) feet from the edge of pavement, shall be backfilled with a granular material to a depth of one (1) foot above the utility or service lines for which excavation is made, and with the dirt or dirt and broken rock removed from the excavation to within six (6) inches of the surface around the excavation, for the full length of the excavation. The entire filled excavation shall be entirely inundated with water for a period of thirty (30) minutes, or pneumatic-tamped in twelve (12) inch layers, as the City or inspector designated by the City for such purposes may direct. The remaining four (4) inches of the excavation shall consist of topsoil or match existing surface conditions.
B. 
Excavations in any surfaced areas shall be backfilled with clean granular material above the utility or service lines for which excavation is made per City Standard Drawing RD-5 Concrete Sidewalk Detail, RD-6 Concrete Street Repair or RD-7 Asphalt Street Repair of Chapter 510 Attachment 1.
C. 
If the excavation in unpaved areas is not backfilled in the same day as the commencement of excavation, safety fencing shall be installed such that all aspects of the excavation (including, but not limited to: the open excavation, equipment, and materials) are enclosed within the fence. A minimum of one (1) foot buffer shall separate the fence from any aspect of the excavation, be it listed herein or not. The temporary fencing material shall be either bright orange or yellow and a minimum of forty-eight (48) inches in height. No gap shall be left at the bottom separating surface from fencing.
D. 
If the excavation in paved areas is not backfilled in the same day as the commencement of the excavation, steel plates rated for HS20 loading are to be placed over the excavation and secured such that vehicle traffic may safely use the road.
E. 
It shall be the duty of the person obtaining the excavation permit to notify the City or the inspector designated by the City for such purpose that the excavation is ready for inspection at the time the remaining fill of six (6) inches is ready for completion, and the remaining six (6) inches shall not be filled until so inspected.
[Ord. No. 975, 2-21-2023]
Any authorized representative of the City may close any public street, alley, highway or any part thereof when necessary for the proper control of traffic or upon which public work or improvement, repair or reconstruction is in progress or presently contemplated, or where in his/her opinion such is required for the safety and protection of traffic and for such period of time as he/she may deem necessary for the benefit of such work and safety, and for such purpose to cause the street, alley or highway or part thereof to be barred to traffic by the public and placarded as closed. It shall be unlawful for any person willfully to drive or cause to be driven any animal or vehicle on, along or across any public street, alley, highway, or any part thereof so barred, or willfully to throw down, remove or otherwise disturb any barrier or placard placed under the direction of an authorized representative of the City. Any person who receives a citation for a violation of this Section shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each offense.
[Ord. No. 975, 2-21-2023]
It shall be unlawful for any person to make or cause to be made or help, aid or assist in making any excavation in or on any public street, alley, highway or other public place or in or upon any public easement or right-of-way without first having obtained a permit therefor and having made a deposit as required by the provisions of this Article.