A. Routing And Protection Of Traffic:
1. Maintain Normal Traffic Conditions: The applicant shall take appropriate measures to maintain (during the entrance into a substructure opening or performance of excavation work) traffic conditions as near normal as practicable at all times and to cause as little inconvenience as possible to the occupants of the abutting property and to the public.
2. Notification To Public Agencies: The applicant shall notify various public agencies and the public of proposed work immediately after issuance of a permit and prior to the actual work.
3. Warning Signs And Devices: Warning signs must be so placed near each excavation or substructure opening being entered as to give adequate warning to vehicular and pedestrian traffic, and cones or other approved devices must be placed to channel traffic, all in accordance with the city's policy regulating barricades, warning and guide signs 1 .
4. Safe Crossings: The applicant must maintain safe crossing of two (2) lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet (300'). If any excavation is made across any public street, alley or sidewalk, at least one safe crossing must be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway of one-half (1/2) of the sidewalk width must be maintained along such sidewalk line.
B. Clearance Of Vital Structures: Excavation work must be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes and all other vital structures or equipment designated by the city manager.
C. Underground Utilities:
1. No person shall make any excavation until at least forty eight (48) hours after he has obtained his permit; provided, that any Saturday, Sunday or legal holiday or other day when city hall is closed shall not count as part of the forty eight (48) hours. Immediately after the permit is issued, the city manager shall:
a. Notify, by telephone, all utilities that the permit was issued; and
b. Reproduce copies for all utilities of the permit and attached map of the proposed excavation site.
2. Each utility shall obtain a copy of the permit and map at city hall on the day the permit is issued or early morning of the next working day if notification is late in the afternoon. A representative of each utility shall then sign and leave with the city manager a disclaimer if the utility has no underground facilities at or near the proposed excavation site.
D. Line Locating:
1. Each utility with underground facilities at or near the excavation site shall, within thirty six (36) hours after first telephone notification, mark at the excavation site the location of all underground facilities it owns or controls. No person shall begin any excavation until he has:
a. Learned from the city manager the name of each utility with any facility at or near the excavation site; and
b. Observed the location markings at the site of each of these facilities.
2. If any location marking is missing or unclear to the person excavating, he shall not begin any excavation without physical marking or clarification for him by a representative of the utility involved.
E. Protection Of Adjoining Property: The applicant shall, at all times at his own expense, preserve and protect from damage any adjoining property. When it is necessary to enter upon private property to take appropriate protective measures, the applicant shall (unless otherwise provided by law) obtain permission from the owner of such property. The applicant shall, at his own expense, shore up and protect all buildings, walls, fences or other property threatened by the excavation work. The applicant shall not disturb any trees or shrubs in any public place without prior written consent of the city.
F. Care Of Excavated Material: All material excavated and piled adjacent to the excavation or in any public place must be maintained so it will not endanger the public and those working in the excavation and not cause unnecessary inconvenience to persons using the public place and adjoining property. All material excavated must be laid completely along the side of the excavation and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicle and pedestrian traffic unless otherwise directed by the city manager. When the confines of the area being excavated prohibit piling adjacent to the excavation, the city manager may require hauling and storage elsewhere and the applicant shall secure any necessary permission and arrangements for storage and transportation from and back to the site. Excavated material may not be used solely as a barricade. To expedite the flow of traffic or to keep dirt and dust from spreading or flying, the applicant may be required by the city manager to use guards or other devices.
G. Drainage Facilities: The applicant shall maintain all gutters and other drainage facilities free and unobstructed for the full depth, or maintain an adequate substitute.
H. Preservation Of Monuments: Any monument set for the purpose of locating or preserving the lines of any street, property subdivision, precise survey reference point or a permanent survey benchmark within the city shall not be removed or disturbed, or caused to be removed or disturbed, without prior written permission of the city manager, which will be granted only upon condition that the person applying pay all expenses incident to the proper replacement of the monument by the city manager.
I. Open Trench; Permissible Length: The maximum length of open trench permissible at any time shall not exceed three (3) blocks, but the trench in at least one of the blocks must at that time be ready for paving, and one of the blocks must be in the process of being backfilled.
J. Pavement Cuts:
1. Pavement Breakers: Heavy duty pavement breakers may be prohibited by the city manager when the use endangers existing structures or other property.
2. Removal; Replacement: All paving within the limits of the excavation shall be removed and replaced. Asphalt pavement may be removed by hand operated pavement cutters, saws, wheel cutters mounted on motor graders or other approved equipment. Concrete paving or slabs shall be sawed a minimum of one and one-half inches (1 1/2") deep to ensure a straight vertical edge in the upper portion of the slab. After sawing, the remaining thickness of concrete may be broken by conventional methods. Removal of asphalt shall be accomplished without raising or disturbing the adjacent pavement. If asphalt pavement is to be replaced by the applicant, he shall follow specifications of the city's last paving district and any modifications thereof.
3. Sidewalks: Sections of sidewalks shall be removed to the nearest score line or saw cut edge.
4. Unstable Pavement: Unstable pavement shall be removed over caveins on overbreaks and the subgrade shall be treated in the same manner as the main excavation.
5. Trimming: Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of any trench.
6. Existing Damage: The applicant is not required to repair damage existing prior to excavation unless his cuts leave small floating sections that may be unstable; then the applicant must remove those sections and backfill that area in addition to the area of the excavation.
K. Depth Of Structures: The minimum cover of any new substructure (except lawful entrances thereto) shall follow approved primary utility location drawings for the particular street unless otherwise permitted, in writing, by the city manager. No duty is imposed upon any person owning a facility to maintain the depth required herein upon subsequent changes in grade in the surface unless, in the opinion of the agency or political subdivision of the state (including the city), the grade of the substructure interferes with the maintenance of or travel on a public place, in which case the substructure shall be lowered by the owner.
L. Backfilling: Any person who trenches or excavates on or within a public place for any purpose shall backfill the trench or excavation as follows:
1. Material: In all trenches or excavations, the earth used in backfilling shall consist of the original excavated material or other material as required by the city manager in a finely divided form, free from large stones, rocks, pieces of old concrete or asphalt pavement, or large wet or gummy masses, and shall be placed in layers or lifts from the bottom of the trench or excavation to the top of the trench or excavation.
2. Compaction: Each layer or lift shall be placed evenly, level and at a depth that the degree of compaction required herein may be obtained throughout the entire backfill without exceeding the depth of the layer or lift as recommended by the manufacturer of the compaction equipment being used for various soil types encountered or as determined by actual compaction tests of the lift or layer in place, or as directed by the city manager. The method of compaction used shall not damage the pipeline or other subsurface structures in or near the trench or excavation.
3. Moisture: Each lift or layer shall be sufficiently moistened to permit good compaction but not enough to cause the backfill material to lump or form a muddy ball when squeezed. Moistening water shall be added only in the amount required to achieve optimum moisture content for the type of soil encountered and shall be thoroughly worked into the backfill material before compaction.
4. Density: The backfill material when placed in the trench shall be thoroughly compacted to a minimum of ninety percent (90%) of maximum density throughout the entire depth of the excavation or trench, except that the top six inches (6") in residential streets and top ten inches (10") in arterial streets shall be compacted to a minimum of ninety five percent (95%) of maximum density. Density requirements are governed by ASTM D 698-78 or AASHTO designation T-99-74, including latest revisions thereof, except that higher density requirements shall be met if they are or were required in a paving contract for the street at the excavation.
5. Existing Pavement: When a trench or excavation has been cut through existing pavement, the compaction for the top six inches (6") and twelve inches (12") (as referred to in subsection L4 of this section) means the six inches (6") or twelve inches (12") of material placed immediately below the bottom or base of the existing pavement surface until the permanent pavement patch can be placed.
6. Inspection And Tests: Backfill and compaction inspection shall be made as required by the city manager at the cost of the applicant. Applicant shall furnish the city backfill density tests performed by a licensed professional engineer or a recognized independent testing laboratory to determine compliance with the compaction requirements of this section. The city manager shall order the tests if the applicant does not. Applicant shall pay all costs of this testing.
7. Failure Of Density Requirements: If the completed backfill fails to meet the density requirements of this section when tested, or otherwise fails as indicated by settlement of the trench or excavation, the city manager may order the faulty backfill material removed, replaced and recompacted to the required density and retest at the applicant's expense. He may also order the replacement of all pavement destroyed or damaged as the result of the backfill failure settlement.
8. Failure To Comply: If an applicant fails to comply with the requirements of this section, the city manager may refuse to permit him to thereafter engage in trenching or excavation work in the city.
M. Restoration Of Surface
1 : Acceptance or approval of excavation work or backfilling by the city manager shall not preclude the city from asserting a claim against the applicant for incomplete or defective work discovered within three (3) years from the completion of the excavation work or backfilling. The presence of the city manager during the performance of the work does not relieve the applicant of his responsibilities hereunder.
N. Abandonment Of Substructures: When the use of a substructure is abandoned, except a service line designed to serve a single property owner, each person having any interest in it must, within thirty (30) days after abandonment, file with the city manager a detailed written statement of the location of the abandoned substructure. Unless otherwise provided by law, the city or the state or any agency or political subdivision thereof may at any time thereafter require such person to remove all his property and facilities from the public place at his expense or reimburse the city or other state agency or political subdivision for removal.
O. Cleanup: Each applicant shall thoroughly clean up all rubbish, excess earth, rock and other debris resulting from excavation work from the public place. All cleanup operations at the excavation location shall be at the expense of the applicant and shall be completed to the satisfaction of the city manager. From time to time as may be ordered by the city manager and always immediately after completion of the work, the applicant shall clean up and if he does not within twenty four (24) hours after notice by the city manager, the city may clean up and charge the cost thereof to the applicant.
P. Completion Of Certain Requirements: The requirements of subsections G, K and L of this section must be completed by one of the following methods:
1. Applicant: By the applicant if his qualifications have been approved by the city manager, in writing, as to adequate equipment, personnel and knowledge of backfilling and surfacing methods.
2. Approved Person: By any person with prior written approval by the city manager of his qualifications if he complies with all provisions of this chapter concerning "applicants", the qualifications referred to in this subsection being the same as those referred to in subsection P1 of this section.
3. City: By city forces if the city manager determines it is in the best interests of the city and if the cost has been or is secured as provided in section 7-3-5 of this chapter.
Q. Prompt Completion Required: After an excavation is commenced, the applicant shall promptly complete the work and restore the public place to its original condition, or as near as can be, so as not to obstruct the public place or travel thereon more than reasonably necessary.
R. Noise, Dust And Debris; Working Hours 3 : Each applicant shall carry out excavation work in a manner that avoids unnecessary inconvenience and annoyance to the public and occupants of neighboring property. All excavation work shall take place between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., unless the city manager otherwise directs in writing. The applicant shall take appropriate measures to reduce to fullest extent practicable noise, dust and unsightly debris, and from the hours of seven o'clock (7:00) P.M. to seven o'clock (7:00) A.M. shall not use (except with the written permission of the city manager or in case of emergency) any tool, appliance or equipment producing noise of sufficient intensity to disturb the sleep or repose of occupants of the neighboring property. (Ord. C66-193, 3-9-1982)
Notes
| 1 | 1. See section 5-1-32 of this code for provisions regarding removing barricades. |
| 1 | 1. See subsection 7-3-5B of this chapter for provisions regarding restoration of street or alley surface. |
| 3 | 1. See also subsection 5-1-24B10 of this code for permitted hours of operation. |