A. Definitions: For purposes of this section, the following definitions apply:
APPLICANT: Any person applying for a permit from the city to: 1) cut, excavate or bore under the surface of a city street, right of way, and/or sidewalk, and/or 2) extend a tap into a city water line or sewer.
DESIGNEE: An employee of the city of Marion authorized by a city superintendent to act on his or her behalf.
EASEMENT: A written consent by the city council allowing the use of city real estate for a limited specified purpose.
EXCAVATION: The making of a hole, bore, trench or ditch in the surface of a city street or other city real estate by removing material from there.
PERMIT: A written form provided by the city giving consent to excavate or bore under a city street or other city real estate.
PERMITTEE: Any person to whom a permit has been issued.
PERSON: Any individual, business entity or one acting in a representative capacity for any purpose.
STREET: Any public way or thoroughfare owned by the city for use by vehicular traffic by the public.
STREET CUT: A trench, ditch, bore or hole cut in the surface of a city street, alley, sidewalk or right of way.
STREET SUPERINTENDENT OR DESIGNEE: The person employed by the city council to supervise and administer the construction and maintenance of city streets, alleys, sidewalks and the city stormwater drainage system.
UTILITY: Any corporation or entity that provides, but is not limited to, electric, gas, telephone, internet, fiber optic or television service.
WASTEWATER TREATMENT SUPERINTENDENT: The person employed by city council to supervise and administer the construction, maintenance and all aspects involved in the treatment of wastewater for the citizens of Marion.
WATER SUPERINTENDENT: The person employed by the city council to supervise and administrate the construction, maintenance and all aspects involved in distribution of water to the citizens of Marion.
B. Permits:
1. Any person who desires to make a street cut or bore or otherwise use city real estate or right of way must make application to the director of the water office or her designee for a permit. The application shall be referred to the appropriate superintendent(s) who shall review and determine if a permit should be issued. The application must be signed off by each superintendent of the affected city departments before any excavation may begin. No street cut or other similar use of city real estate shall be made unless a permit has been issued.
2. The application for such permit shall state the purpose of the proposed cut or bore, the location and the dimension of the cut.
3. Before the permittee begins a cut of the surface of city property, i.e., city street, alley or other city owned real estate, or involving a city owned utility, the permittee must notify the designated superintendent(s) of the time and day he intends to commence. Unless the designated superintendent(s) determines there is reason to delay, the permittee may proceed.
4. When the permittee has completed the purpose for which the cut is made, the superintendents of each affected department shall be notified by the permittee, before the hole, trench or ditch is backfilled. The designated superintendents shall inspect the project to ensure the tap/extension/cut is completed to the city requirements.
5. Application for such permit shall be accompanied by a permit fee in the amount of one hundred fifty dollars ($150.00) and the further sum of seven hundred fifty dollars ($750.00) as security deposit (security deposit does not include water or sewer tap fees; see section 9-2-2 of this code) which will be refunded to permittee after superintendents of said departments have confirmed to the director of the water department, the completion of the project in compliance with the city requirements.
For ongoing projects, such as the laying of substantial lengths of line/cable, a blanket cashiers' check in the amount of five thousand dollars ($5,000.00), in lieu of the seven hundred fifty dollar ($750.00) security deposit, must be submitted with the permit application.
6. No extension or tap of a city water line or sewer main shall be made except by a licensed plumber, with the state of Illinois, after the permit to do so has been issued. The city requires a copy of the plumber's license and insurance bond.
C. Excavation And Cuts:
1. Any concrete or asphalt street surface to be disturbed for excavation shall have the edges of the area to be excavated saw cut.
2. Excavation for any water/sewer extension or tap shall not be filled until the superintendents of water/wastewater treatment or designees have inspected the extension or tap and given approval.
3. All excavation backfill shall consist of granular crushed stone compacted in eight inch (8") lifts to compaction of ninety percent (90%). Backfill shall be made to eight inches (8") of the surface. Then concrete eight inches (8") thick shall be put in place for the surface.
4. If necessary to preserve the safety of pedestrians and vehicular traffic, barricades or other traffic control devices should be put in place. The permittee shall notify the street superintendent for direction or assistance.
5. Before commencing any cut the permittee shall notify JULIE of the proposed area to cut.
6. The permittee shall be liable for all damage inflicted on any real or personal property as a result of undertaking to make a cut or bore.
7. The permittee shall be responsible for removing from the site and disposing of all material excavated from the site. Permittee shall be responsible for cleanup of the site otherwise.
8. As nearly as can be done responsibly, permittee shall use all precaution to prevent obstruction of flow of stormwater at the site of excavation.
D. Restoration Of Street Cuts:
1. Backfill of an excavation and resurface of the street cut shall be completed in compliance with subsection C2 of this section. Such completion shall be done within no more than three (3) days and must meet the approval of the street superintendent or his designee. All traffic control devices shall remain in place for the safety of the public until the removal of material and cleanup is completed.
E. Inspection:
1. Upon completion by the permittee of all requirements pertaining to a street, sewer, or water excavation, cut or bore, the permittee shall notify the designated superintendent(s) who shall inspect the site. If the said superintendent determines the requirements have been met, he shall approve the work and sign off on the project completion. The permittee shall take the signed permit to the director of the water office or her designee who will refund the security deposit of seven hundred fifty dollars ($750.00). Should any of the designated superintendents determine the work has not been completed as required, the amount of such refund will be used to reimburse the city for repairs. If the cost of repairs exceeds the deposit the permittee will be responsible for actual cost of repairs.
F. Violation: Any person violating any provision of this section may be subject to a fine not to exceed seven hundred fifty dollars ($750.00) together with any attorney fees incurred by the city. Each day a violation continues shall be considered a separate offense. (Ord. 3305, 3-14-2016)