(A) It shall be unlawful for any person to cut into or make any opening in the surface of, or tunnel under, any street or sidewalk or public place in the city for any purpose whatsoever without having first secured the proper excavation permit from the city’s utility superintendent.
(B) Permit applications. Application for an excavation permit shall be made to the city’s utility superintendent (the "Superintendent”). Permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions:
(1) Submission of a completed permit application, in the form prescribed by the Superintendent, including all required attachments and scaled drawings showing the location and area of the proposed excavation and the location of all existing and proposed equipment.
(2) Payment of all money due to the city for prior obstructions or excavations, including any loss, damage, or expense suffered by the city as a result of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city because of such prior excavations or obstructions.
(3) Payment of the permit fee pursuant to division (D), below.
(C) Issuance of permit; conditions. If the Superintendent determines that the applicant has satisfied the requirements of this section, an excavation permit may be issued. If the Superintendent denies a request for an excavation permit, the requesting party may appeal to the city’s Board of Public Utilities (the “Board”) and request a hearing on the request.
(1) The Superintendent or Board, as applicable, may impose reasonable conditions upon the issuance of an excavation permit and the performance of the applicant thereunder in order to protect the public health, safety, and welfare, to insure the structural integrity of the rights-of-way, and to minimize disruption and inconvenience to the traveling public.
(2) A permit shall be void unless the excavation to be made pursuant thereto is commenced within 30 days from the permit effective date and the work diligently completed.
(3) Each permit shall state a purpose for the excavation and a time period for completion of all the work to be done thereunder. The Superintendent or his or her authorized representative may grant extensions of time for good cause.
(4) The permittee shall be responsible to comply with all current federal, state, and local laws, regulations and requirements. As used in this section, the term PERMITTEE shall mean the person to whom an excavation permit is issued, as well as the person owning the facility or installation for which the excavation permit is issued.
(D) Permit fees; fee computation. The following fees are established for utility cuts in streets and alleys:
(1) Sewer tap. A $105 fee is required for a sewer tap. This fee is for the connection to the city’s sewer system and to defer the cost of installation and maintenance of the city’s system. The sewer tap saddle will be furnished by the city’s sewage utility.
(2) Road cut. A $350 fee is required for a road cut. This fee is for the city’s incurred costs in patching the asphalt over the cut and to defer the cost of maintaining the city’s roads and alleys. The permittee shall be responsible for filling the road cut with appropriate sand and gravel to the satisfaction of the Superintendent. The city shall complete the asphalt patch or repave of the cut after the permittee has properly filled the road cut to the satisfaction of the Superintendent.
(3) Unpaved alley cut. A $25 fee is required for an unpaved alley cut. This fee is to defer the cost of maintaining the city’s roads and alleys. The city, upon request, will provide sand and gravel necessary to fill and repair the alley cut, which shall be completed by the permittee or its contractor to the satisfaction of the Superintendent.
(E) Policy guidelines for street and alley cuts. The following fees are established for utility cuts in streets and alleys:
(1) The permit must be requested at least two working days prior to the planned cut and no excavation shall be undertaken until issuance of the permit by the Superintendent or the Board, as the case may be.
(2) Road cuts shall be completed cleanly with a masonry saw.
(3) Dirt and asphalt from the cut shall not be used to fill the cut. The permittee or his or her contractor shall be responsible for hauling away the excess dirt and asphalt.
(4) The permittee or his or her contractor shall be responsible for filling and/or repairing all road and alley cuts to the satisfaction of the Superintendent. The permittee or his or her contractor shall notify the Superintendent when the cut has been filled and repaired and, upon such notice, the Superintendent shall have 24 hours to approve the filling and repair or notify the permittee that additional work is required in order to properly fill and repair the cut.
(5) If the permittee or his or her contractor does not fill and/or repair the cut to the satisfaction of the Superintendent, the city may fill and repair the cut and seek reimbursement from the permittee for all of its costs incurred in completing such work. In that event, the permittee shall pay to the city, within 30 days of billing, the city’s cost incurred in restoring the rights-of-way. If the permittee objects to the Superintendent’s determination that the cut was not adequately filled and/or repaired, the permittee may appeal the Superintendent’s determination to the Board, who will schedule a hearing upon the permittee’s request. If the city incurs court costs and/or attorney fees in its efforts to seek reimbursement pursuant to this division, the city shall be entitled to recover all such amounts from the permittee.
(6) No permit shall be issued until the applicable permit fee has been paid.
(7) All permit fees collected under this section will be receipted into the General Fund and will be used to offset the cost of controlling and managing the public rights-of-way.
(8) By accepting an approved excavation permit, the permittee guarantees its work and shall maintain it for 36 months following its completion and acceptance by the Superintendent or his or her authorized representative. During this 36 month period, the permittee shall, upon notification from the Superintendent or his or her authorized representative and within a reasonable and acceptable time frame, correct all restoration work to the extent necessary using the method specified by the Superintendent or his or her authorized representative.
(9) If the permittee fails to restore the rights-of-way in the manner and to the condition required by the Superintendent or his or her authorized representative, or fails to satisfactorily and timely complete all repairs required, the Superintendent or his or her authorized representative, at his or her option, may perform the restoration with city forces or hire by contract the services of an independent contractor to perform the restoration. In that event, the permittee shall pay to the city, within 30 days of billing, the city’s cost incurred in restoring the rights-of-way.
(10) The permittee shall make the work site available for inspection at all reasonable times during the performance and upon completion of the work.
(11) The Superintendent shall be responsible for developing the form of an application for excavation permit to be used by those persons and entities requesting issuance of a permit pursuant to this section.
(Ord. 2021-09, passed - -2021) Penalty, see § 94.99