(A) Underground structures. All underground structures located within the public R.O.W. shall conform to the village engineering design standards and specifications or to the standards and specifications prescribed by the Village Engineer.
(B) Backfilling. All trenches in a public R.O.W., except by special permission, shall be backfilled in accordance with regulations adopted pursuant to this subchapter. Any settlement shall be corrected within eight hours after notification to do so.
(C) Utility, poles and structures. When utility poles, overhead equipment and structures are permitted to be placed in the public R.O.W., placement shall be as prescribed by the Village Engineer. Such poles, overhead equipment and structures shall be removed, relocated or placed underground as the Village Engineer shall direct when such facilities need to be relocated as a result of new road construction/road widening or other similar project as required by the rules of the Michigan Public Service Commission and Village Code.
(D) Mailbox supports. Mailbox supports may be placed in the R.O.W. in locations approved by the U.S. Postal Service and shall not be considered obstructions unless any portion of the mailbox or mailbox support extends over any portion of the traveled street or curb. If any portion of a mailbox or mailbox support extends over the traveled street or curb, the mailbox or mailbox support shall be considered an obstruction and prohibited under this subchapter.
(E) Utility placement zone. A designated zone for the placement of utilities, as described in § 96.079 such as gas, electric, communication and other franchised or licensed facilities shall be determined by the Village Engineer.
(1) This area shall be a 9-foot horizontally measured space at the outside edge of the right-of-way. This zone shall not be located on the side of the street where a water main is situated.
(2) If water mains are on both sides of the street, the south or east side of the street is to be
used. If due to technical reasons the south or east side cannot be used nor is the placement zone practical, the placement shall be at the discretion of the Village Engineer.
(3) In all cases the utilities are to be placed within the designated zone unless authorized by the Village Engineer.
(4) Utilities constructed of non-metallic material are required to have a traceable metallic wrap or accompanying wire for the purpose of tracing and locating with conventional locating equipment.
(5) When placed in the R.O.W., utilities or other franchised or licensed facilities constructed of material susceptible to breakage (such as fiber optic, wire, plastic line) must be encased in protective conduit, as determined by the Village Engineer.
(6) Except for emergency repairs indicated in § 96.082, no opening or excavation may take place in the utility placement zone for a period of 18 months following construction of new pavement or new utility in the zone. The Village Council may waive this time period if in his or her opinion it is in the best interests of the village.
(F) Safeguards. All temporary openings, excavations and obstructions located in a street within 12 feet of a street shall be provided with traffic-control devices in conformance with the Michigan Manual of Traffic-Control Devices. All temporary openings, excavations and obstructions located in a sidewalk or driveway approach shall be surrounded with lighted barricades. All temporary openings and excavations, located anywhere in a public R.O.W., greater than five feet in depth shall be completely surrounded by a 6-foot high chain link fence, securely mounted in place.
(G) Shoring excavations. All openings and excavations shall, where necessary, be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which may injure the thoroughfare or sub-surface structure of the street.
(H) Removal of encroachment. Encroachments and obstructions in the R.O.W. may be removed and excavations refilled by the village. The expense of such removal or refilling shall be charged to the abutting land owner when made or permitted by them or suffered to remain by them, otherwise in accordance with the terms and conditions of this subchapter. The procedure for collection of such expenses shall be as prescribed in the Village Charter.
(I) Temporary R.O.W. closings. The Village Engineer shall have authority to temporarily close any portion of the R.O.W., when any portion is deemed to be unsafe or temporarily unsuitable for use for any reason. The Village Engineer shall cause suitable barriers and signs to be erected in the R.O.W. indicating that any portion shall have been closed to public travel, no person shall drive any vehicle upon or over the R.O.W. or portion, except as the same may be necessary incidentally to any street repair or construction work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without authority from the Director.
(Ord. 151, passed - -)