(a) No person, including city officials and employees, shall, in any manner or for any purpose, break up, dig up, disturb, undermine, or dig under, any public highway, street, thoroughfare, alley, or sidewalk or any other public place, or cause the same to be done without having first obtained a permit therefor from the chief engineer; provided that work to accomplish emergency repairs to utilities may be started without a permit. When such emergency work is performed, the chief engineer or the chief engineer’s authorized representative shall be notified of the location and type of the emergency not later than the first work day following the emergency. A written permit covering the emergency work shall be obtained from the chief engineer not later than 10 working days following the emergency. The city road division shall not be required to obtain a permit for routine street maintenance, repair, or resurfacing; provided that such work does not require excavating below the sub-base course. City departments shall not be required to obtain a permit for excavating single holes at any one location in sidewalk area for installation of pipe supported signs, markers, meters, or planting of trees.
(b) Any person desiring the permit required under this section shall make application therefor to the chief engineer on a form prescribed by the chief engineer. As a condition precedent to the issuance of any such permit, the chief engineer shall require:
(1) The securing of insurance naming the city as an additional assured, to protect it against any and all claims or action for injury and death to person or property damages due to any act or omission of the holder of the permit arising out of any work done under the permit, the insurance to be in the amount of $100,000 for property damages per occurrence and in an amount not less than $500,000 for bodily injury or death. A public utility company performing work for installation of service connections, for the location of troubles in pipes or conduits, or for making repairs thereto may furnish a certificate of insurance listing the limits of liability that shall equal or exceed the amounts specified above for each and every service connection, trouble location, or repair work accomplished by the company’s own forces during the term of the policy and certifying that the insurance company will not cancel or materially alter the coverage without giving the city 15 days advance notice; and
(2) When the work of restoration is not performed by the city, a bond shall be required in favor of the city, extending for a period not to exceed one year after approval of any restored pavement, sidewalk, or other public improvement, to ensure the proper restoration thereof. The amount of the bond shall be not less than $1,000 or the estimated cost of the excavation and restoration work, whichever is higher. Utility companies shall be responsible for work and repairs in existing public streets performed by its employees, contractors, or subcontractors. In lieu of furnishing a separate bond for each permit, a utility company may furnish written guarantee to the city that the company will be responsible for the restoration work for a period not to exceed one year after satisfactory completion of the restoration work.
(c) Before issuing a permit, the chief engineer shall:
(1) Require the presentation of a plan, drawn to scale, showing the location of each proposed excavation and the dimensions thereof, including the surface area of the opening in paving, sidewalk, and other structures, the nature, size, length, and purpose of the structure to be installed therein, and such other details and information as the chief engineer may require to be shown upon the plan. In lieu of the plan, a single line sketch, drawn to scale, may be submitted to show the location of each excavation for a service connection, for location of trouble or for repair to utilities;
(2) Obtain clearance from city departments having underground installations and from the various utility companies before issuance of the permit; and
(3) Collect a permit fee based on the schedule below. The permit fee shall not be refundable even if the applicant, after issuance of the permit, decides not to proceed with the construction.
(A)
Work | Permit Fee |
Service connection | $50 |
Repairs to utilities | $50 |
Trench for installation of pipelines, underground cables, etc. for the first 20 lineal feet, plus $10 for each additional 10 lineal feet or any fraction thereof | $195 |
(B) When the work is performed by or on behalf of the city, the permit fee will be waived.
All permit fees shall be deposited in the highway fund.
(d) Each permit shall be deemed to include the provision that all surplus excavated material, if desired by the chief engineer, shall be carted or hauled to and deposited upon such place as may be directed by the chief engineer at the expense of the permittee. The maximum distance such material is to be hauled shall not exceed the distance between the job site and the nearest city and county corporation yard.
(e) Every trenching permit shall expire and become void one year after the date of issuance of the permit. Upon expiration of a permit, no work shall be commenced unless a new permit is first obtained. Permit fee for a new permit shall be the fee as specified above.
(f) The permittee shall also obtain a permit from the city department of transportation services before any work on any portion of a public street may begin.
(g) Failure to obtain any permit or the violation of this section shall be deemed a misdemeanor.
(Sec. 20-1.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 17, § 14-17.1) (Am. Ords. 92-122, 03-12, 14-4, 17-28)