§ 94.031 SIDEWALKS AND TRAILS, CONDITIONAL REQUIREMENTS FOR BUILDING PERMIT.

   (A)   As a condition of obtaining a building permit for the construction of any structure on any property, excluding alteration or remodeling of existing structures and the construction of accessory buildings including, but not limited to garages and storage buildings, the applicant for the building permit shall agree to construct a trail, sidewalk or sidewalks on the property to be improved by the structure except when the sidewalk or sidewalks will be adjacent or parallel to a public road or roads for which the grade has not been established.

   (B)   Trails shall be constructed at locations shown on the City Master Trail Map. The trail, sidewalk or sidewalks shall be located and constructed according to plans, specifications and grades established by the City Council and the City Engineer.

(Prior Code, § 94.032) (Ord. 2430, passed 4-21-1976; Ord. 03-15, passed 5-19-2003)

EXCAVATIONS

§ 94.045 PERMIT REQUIRED.

   It shall be unlawful for any person to make an excavation in any street or streets for any purpose whatsoever unless a written permit is issued by the Director of Public Works or the City Engineer authorizing the excavations.

Penalty, see § 94.999

§ 94.046 BARRICADES AND GUARDS.

   Any person to whom a permit is granted shall maintain good and sufficient barricades, guards, lights and signals, in accordance with the current version of the Manual of Uniform Traffic Control Devices, so as to fully protect the public from injury or damage by reason of any excavation or opening made and shall, before commencing any such excavation, file with the Clerk a signed indemnification agreement which shall hold the city free and harmless from any and all liability, claims, damages, judgments, costs and expenses of every nature and description caused by or growing out of: The making of any excavation, opening, hole or trench in an street, alley or sidewalk; the placing of an obstruction, barricade, material, equipment or apparatus in any street, alley or sidewalk; the failure to properly protect any excavation, opening, hole or trench in any street, alley or sidewalk; or any and all negligence on the part of the applicant in the use and occupancy of any street, alley or sidewalk in any manner or nature whatsoever. In addition to the indemnification agreement, the permitee shall furnish satisfactory evidence of insurance in an amount as set by resolution.

(Prior Code, § 94.046) (Ord. 854, passed 11-20-1957) Penalty, see § 94.999

§ 94.047 CUTTING AND REFILLING.

   (A)   (1)   If any excavation or opening is made in any street, paving, gravel or crushed stone or any sidewalk is removed from any street, alley or sidewalk space under any permit hereunder, the applicant shall submit an electronic application for a permit through the city’s website application submittal platform and pay a fee as set by resolution. The applicant shall have on file a certificate of liability insurance naming the city as an additional insured. All cuts in paving and sidewalks shall be a minimum of 36 inches wide and be made rectangular with a saw or other tool approved by the Public Works Director so as to leave edges straight, smooth and perpendicular, or in lieu thereof, the applicant shall remove an entire slab or section of concrete.

      (2)   It is hereby made the duty of the Public Works Director or designee to cause the refilling of the excavation or opening to be made in the pavement or sidewalk of gravel or stone surfacing in the street or alley to be replaced and to pay the cost and expense incident thereto from the deposit. After the inspection and approval, as set forth above, of the replacement, the city shall be responsible for the cost of continued maintenance and repairs thereof.

   (B)   It shall be unlawful for any officer or employee of the city to either give away or to receive any excavated material removed from any street, alley or other public place within the city, and it shall be unlawful for any officer or employee of the city or for any other person to sell or purchase any excavated material from any street, alley or other public place within the city, except by the direction of the Public Works Director.

   (C)   (1)   Persons making excavations for underground water, telephone, electrical, cable television, sewer, chemical or any other liquid lines across paved or asphalt streets, alleys or sidewalks are responsible for replacing the concrete or asphalt to the original thickness and quality.

      (2)   All replacing of concrete and asphalt shall be done by the city, its employees or designated representatives, and the applicant shall pay the costs thereof.

   (D)   In preparation for pouring new concrete, the contractor shall drill holes at a mid-way point of the thickness of the paving being cut, thence space five-eighths (5/8) inch diameter by 18 inches long cold rolled steel rods every 30 inches the entire perimeter of the excavation. Holes shall be drilled eight inches deep into existing concrete. Drilling into loose or broken concrete will not be permitted. Applicants shall pay for all costs incurred.

   (E)   Persons making the excavations and replacement of the materials shall compact filled excavated material by mechanical means to 95% of the maximum density in accordance with the standard proctor.

(Prior Code, § 94.047) (Ord. 88-17, passed 4-18-1988) Penalty, see § 94.999

§ 94.048 FAILURE TO MAKE APPLICATION.

   Any person who fails to make application for any necessary permit before starting work for which a permit is required shall, upon being granted a permit for the work, be required to pay double the amount of the regular charges herein provided for.

(Prior Code, § 94.048) (Ord. 854, passed 11-20-1957)

§ 94.049 SUPERVISION.

   All such cuts and excavations in paved streets, avenues or alleys shall be made under the supervision of the Public Works Director or City Engineer or other qualified person.

(Prior Code, § 94.049)