(a) The Director of Public Works or his or her designee shall issue a permit for opening, cutting, excavation or tunneling upon the completion of all of the following:
(1) Presentation of financial security in a form acceptable to the City;
(2) Presentation of evidence of insurance, naming the City as an additional insured, as hereinbefore provided;
(3) Payment to the City of the minimum fees as prescribed on a rate schedule prepared and periodically updated by the Public Works Department and approved by Council;
(4) An agreement to pay to the City, upon presentation of a bill for the same, the amount of the additional fee as hereinafter prescribed;
(5) Submission of a traffic control plan; and
(6) Payment of the cost of a nuclear inspection compacting test to be performed after completion of the project.
(b) A permit shall become void after the date designated in the permit.
(c) The minimum fees shall be established by ordinance of City Council and amended from time to time. It shall be construed to grant to the applicant the right and privilege to excavate a maximum surface yardage (including one foot outside of the trench excavation) of five square yards where the sidewalk or roadway is improved or paved, and/or a maximum yardage of five cubic yards of excavation where the sidewalk or roadway is not improved or paved, which are construed to be a minimal disturbance as noted in division (d)(1) of this section. However, if the yardages excavated exceed the maximum amounts construed to be minimal disturbance, the provisions of division (d)(2) and (d)(3) of this section shall prevail.
(d) For each separate excavation for the inspection, installation, removal, repair or replacement of substructures or their appurtenances, except curb boxes, the following fees shall apply:
(1) Minimal disturbance activities.
A. For an excavation on a sidewalk, whether paved or unpaved, a minimum fee shall be established by ordinance of City Council and amended from time to time;
B. For an excavation on a street or highway which is not permanently improved, a minimum fee shall be established by ordinance of City Council and amended from time to time;
C. For an excavation on an improved street or highway, a minimum fee shall be established by ordinance of City Council and amended from time to time.
(2) For an excavation on a sidewalk, street or highway which is not permanently improved in excess of the maximum threshold for minimal disturbance activities a fee shall be established by ordinance of City Council and amended from time to time.
(3) For an excavation on an improved sidewalk, street or highway, in excess of the maximum threshold for minimal disturbance activities, a minimum fee shall be established by ordinance of City Council and amended from time to time.
(4) For the excavation on a sidewalk for the inspection, installation, removal, repair or replacement of a curb box only, including the removal of the pavement, if any, provided the amount of excavation does not exceed one cubic yard, a fee shall be established by ordinance of City Council and amended from time to time. Where the amount of such excavation exceeds one cubic yard, the permit shall be issued under the provisions of division (d)(1) of this section. Excavations for the inspection, installation, removal, repair or replacement of a curb box located within the limits of the roadway portion of a street or highway shall be issued under the provisions of division (d)(2) and (d)(3) of this section.
(5) For the removal of a pole, tree or stump, including the removal of the paving, if any, where an immediate replacement of a pole or tree is not anticipated, a fee shall be established by ordinance of City Council and amended from time to time.
(6) For each separate excavation for the setting of a pole or the planting of a tree, a fee shall be established by ordinance of City Council and amended from time to time.
(7) For the excavation by tunneling under an improved street or highway or sidewalk, the provisions of divisions (d)(1) through (d)(3) hereof shall prevail, the same as if the highway were excavated by open cut methods.
(8) For any excavation for the installation or relocation of substructures or their appurtenances made necessary by public improvements, carried out and/or contracted out by the City and/or carried out or contracted out by a municipal authority or public utility in coordination with a City project, involving excavation and/or an excavation project authorized by the City there is no fee, although the financial security and insurance requirements of Section 1024.01 and the backfilling and repaving requirements of Section 1024.09 shall apply.
(9) Where, by necessity, the excavation granted under any permit extends under the tracks of a street railway company or any railroad located on a public highway, all of the provisions of this chapter shall prevail the same as if the tracks did not exist.
(10) In cases where the permit applicant coordinates excavation, tunneling under or other activities that would otherwise disturb the street, highway or sidewalk with a public improvements project carried out and/or contracted out by the City, the City may waive permit fees for those activities carried out concurrent with the aforementioned public improvements project but still require permit applicant to complete the application and meet all specifications of this chapter.
(Ord. 5288. Passed 6-10-20; Ord. 5353. Passed 5-31-23.)