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It shall be a civil offense for any person, firm, corporation, association or others, to make any excavation in any street, alley or public place, or to tunnel under any street, alley or public place without having first obtained a permit as herein required, and without complying with the provisions of this subchapter; and it shall also be a civil offense to violate, or vary from, the terms of any such permit; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately and a permit cannot reasonably and practicably be obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Public Works Director is open for business and said permit shall be retroactive to the date when the work was begun.
(1994 Code, § 16-201) (Ord. 494, passed 9-2-1993) Penalty, see § 10.99
Editor’s note:
This chapter was patterned substantially after the ordinance upheld by the Tennessee Supreme Court in the case of City of Paris, Tennessee v. Paris-Henry County Public Utility District, 207 Tenn. 388, 340 S.W.2d 885 (1960).
Applications for such permits shall be made to the Public Works Director, or such person as he or she may designate to receive such applications, and shall state thereon the location of the intended excavation or tunnel, the size thereof, the purpose thereof, the person, firm, corporation, association or others doing the actual excavating, the name of the person, firm, corporation, association or others for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. Such application shall be rejected or approved by the Public Works Director within 24 hours of its filing.
(1994 Code, § 16-202)
(A) The fee for such permits shall be $200. This fee is to cover the costs of inspection of backfill, and an asphalt patch of up to 48 square feet. Any excavation larger than 48 square feet shall require an additional fee, to be determined by the Public Works Director based on the size of the excavation.
(B) (1) In addition to the fee(s) set forth in division (A) above, there shall be an additional fee imposed when any street cut results in any section of a city street having street cut(s) that comprise 20% or more of any 500-foot section of that street.
(a) This additional fee will be equal to the city’s cost of repaving that 500-foot section of that city street.
(b) This additional fee will be paid by the entity making the street cut. When more than one entity is responsible for the street cuts within a particular 500-foot section, the additional fee shall be prorated between the entities making the street cuts on a percentage basis. The percentage assessed to each entity will be equal to their percentage of the total street cuts that exist within a particular 500- foot section.
(2) This assessment is illustrated by the following example: assume Entity A makes a street cut in a particular city street that results in 20% or more of a 500-foot section of that city street having street cuts. Assume further that after this last street cut is made there are a total of 15 street cuts within that 500-foot section of that city street. Assume further that one entity made ten of those street cuts and another entity made five. The first entity would pay the city an amount equal to two-thirds of the city’s costs of repaving that 500-foot section of the city street, and the second entity would pay the remaining one-third.
(C) The additional fee set forth in division (B) above will not be charged if that 500-foot section of that particular city street is already scheduled to be repaved by the city within five years.
(1994 Code, § 16-203) (Ord. 730, passed 8-27-2012)
(A) No such permit shall be issued unless and until the applicant therefor has deposited with the Public Works Director a cash deposit. The deposit shall be in the sum of $25 if no pavement is involved or $75 if the excavation is in a paved area and shall insure the proper restoration of the ground and laying of the pavement, if any. Where the amount of the deposit is clearly inadequate to cover the cost of restoration, the Public Works Director may increase the amount of the deposit to an amount considered by him to be adequate to cover the said cost. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement, and of making the refill if this is done by the city or at its expense. The balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
(B) In lieu of a deposit, the applicant may deposit with the Public Works Director a surety bond in such form and amount as the Public Works Director shall deem adequate to cover the costs to the city if the applicant fails to make proper restoration.
(1994 Code, § 16-204)
(A) Any person, firm, corporation, association or others making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done.
(B) Sufficient and proper barricades and lights shall be maintained to protect persons and property from injury by or because of the excavation being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users.
(1994 Code, § 16-205)
Any person, firm, corporation, association or others making any excavation or tunnel in or under any street, alley or public place in the city shall restore said street, alley or public place to its original condition, except for the surfacing, which shall be done by the city, but shall be paid for promptly upon completion by such person, firm, corporation, association or others for which the excavation or tunnel was made. In case of unreasonable delay in restoring the street, alley or public place, the Public Works Director shall give notice to the person, firm, corporation, association or others that unless the excavation or tunnel is refilled properly within a specified reasonable period of time, the city will do the work and charge the expense of doing the same to such person, firm, corporation, association or others. If, within the specified time, the conditions of the above notice have not been complied with, the work shall be done by the city, an accurate account of the expense involved shall be kept, and the total cost shall be charged to the person, firm, corporation, association or others who made the excavation or tunnel.
(1994 Code, § 16-206) Penalty, see § 10.99
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