(A) EXCAVATION as used in this article shall mean any cutting, digging, excavating or removing of dirt, sod, sand, gravel or paving material or the disturbing of the same on or within any public street, sidewalk, alley, right-of-way, easement or area.
(B) PERSON as used in this article shall include and mean individual, firm and corporation and the plural thereof.
(C) No person shall make any excavation within or on any public street, sidewalk, alley, right-of-way, easement or area within the city for any purpose without first obtaining an excavation permit from the city.
(D) Excavation permits for excavations within the right-of-ways of the state maintained system of streets shall not be issued until the North Carolina Department of Transportation, Division of Highways, has entered into an encroachment agreement permitting the person making the application to make such excavation.
(E) Each excavation permit shall be issued in accordance with and subject to the following rules and regulations:
(1) Applications for excavation permits shall be submitted to the office of the City Clerk and shall be accompanied by the required permit fee; provided that, applications may be made by telephone and permit fees may be billed monthly upon the written authorization of the City Clerk. The application shall contain a description of the excavation to be made, the time required to make the excavation and the excavation areas as required by this article.
(2) Permits shall contain a description of the excavation, and an expiration date and shall be in the form prescribed by the Engineering Department. In the event an excavation project extends beyond the expiration date, a per diem penalty shall be assessed against the person holding the permit unless such person has made application for and secured an amended permit extending the expiration date.
(3) Any person making an excavation in violation of this article shall be assessed the fees and penalties established by this article; provided that, excavations made for the purpose of making emergency repairs to an existing public or private utility may be made without a permit. The person making such excavations shall secure an extension permit before 5:00 p.m. on the first business day following the date of the excavation.
(4) No person shall be granted an excavation permit unless such person shall have paid all past due excavation fees and penalties owed by such person to the city.
(5) The schedule of fees and penalties set forth in the “Schedule of Excavation Fees and Charges” attached to Ordinance of 10-27-92 are incorporated herein. The Schedule of Excavation Fees and Charges as amended from time to time by the City Council shall be kept in the office of the City Clerk and in the office of the City Engineer for public inspection.
(F) Excavations shall be inspected and repaired in accordance with and subject to the following rules and regulations:
(1) An excavation shall be repaired by the person making it and the repairs shall be made strictly in accordance with the standards and specifications issued by the City Engineer.
(2) Inspections shall be made by the Engineering Department of the city from time to time as work progresses on the excavation project.
(3) Upon completion of the project or upon expiration of the excavation permit, whichever event first occurs, the person making such excavation shall complete the repairs as required by this article and shall remove all debris, materials, tools, equipment and obstructions from the excavation site.
(4) Upon completion of the project or upon expiration of the excavation permit, whichever event first occurs, the City Engineer shall make or cause to be made a final inspection of excavation repairs.
(5) A person making an application for an excavation permit authorized by this article shall at the time the application is made provide the city with a written guarantee which shall:
(a) Be for a period of two years which two-year period shall commence with the date of completion of the last repairs to the excavation; and
(b) Guarantee the excavation and repairs to be free of all defects in materials and workmanship; and
(c) Guarantee that the excavation and repairs were made in full compliance with the standards and specifications issued by the City Engineers.
(6) All excavations made within or on the state maintained system of streets shall also fully comply with the terms and conditions of the person’s encroachment agreement with the North Carolina Department of Transportation, Division of Highways, and shall also be subject to inspection by the Division of Highways.
(7) All costs incurred in restoring the street, sidewalk, or other public place to city standards, and state standards, if applicable, shall be borne by the permittee. Upon final approval by the city, and the final approval of the State Inspector if required by the article, the city shall assess any additional fees, penalties, and costs that may be due to the city.
(8) Upon the failure of any person, or company to restore the street, sidewalk, alley, square, or other public right-of-way to city or state standards, the city may order the completion of the work by the city and recover the actual costs of completing the repairs from the person to whom the permit was issued which shall be in addition to permit fees and penalties already due or assessed; and may initiate any appropriate legal and equitable actions as may be necessary to prevent, restrain, correct or abate a violation of this article by the holder of the permit.
(G) Any matter or thing to be done or performed by the City Clerk or the City Engineer may be done or performed by such employee of their respective departments as the City Clerk and the City Engineer may designate.
(1989 Code, § 13-146) (Am. Ord. passed 10-27-92) Penalty, see §§ 1-16 et seq.