(A) Protection of traffic. The permittee must stockpile excavated materials in a manner as to not encroach upon any streets, sidewalks, trailways, or sight distances for intersections. If stockpiling interferes with facilities as stated above, the permittee must employ the use of traffic control devices as stated in § 96.01 of this chapter. Adequate planking for sidewalk and trailway pedestrian crossings must be placed in a manner as approved by the City Engineer and OSHA trench safety standards. If a sidewalk or trailway must be closed off, the permittee must utilize traffic control devices to delineate the work zone and show an alternate route. In the case that there are no existing facilities to use as an alternate route, the permittee must construct a detour at its expense and in a manner approved by the City Engineer.
(B) Removal and protection of utilities. The permittee must not interfere with any existing utility without the written consent of the City Engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this must be done by its owner. No utility owned by the city will be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities must be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee must support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of the pipes, conduits, poles, mires or apparatus should be damaged, they must be repaired by the agency or person owning them and the expense of such repairs will be charged to the permittee, and its bond will be liable therefor. The permittee is responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond is liable therefor. The permittee must inform itself as to the existence and location of all underground utilities by contacting the Gopher State One Call System or other similar service as approved by the City Engineer and protect the same against damage.
(C) Protection of adjoining property. The permittee must at all times and at its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee must, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and is responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod must be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work must be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as equal to or better to that which existed before such work began. The permittee must not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate department or official having control of the property.
(D) Protective measures. The permittee must erect such fence, railing or barriers about the site of the excavation work as will prevent danger to persons using the city street or sidewalks, and such protective barriers must be maintained until the work is completed or the danger removed. At twilight there must be placed upon the place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which must be kept burning throughout the night during the maintenance of the obstructions. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
('72 Code, §§ 650:18 - 650:24) (Am. Ord. 1995-779, passed 4-24- 95) Penalty, see § 10.99