(a) Work Restrictions and Regulations.
(1) No openings or excavations in any street shall extend beyond the center line of the street until the surface of the street is restored to a condition safe and convenient for travel.
(2) Unless authorized by the Manager, no more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one time until the surface of the street is restored to a condition safe and convenient for travel. Excavations shall not be left open overnight.
(3) The work of excavation shall be so conducted as not to interfere with any utility lines or connections, or other underground facilities, unless permission of the proper authorities in connection with such facilities shall have been obtained.
(4) The permittee shall expose all utility facilities, including sewers, storm drains, gas mains, water mains, telephone and electrical conduits and other utility obstructions, sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary. It shall be the responsibility of the permittee to contact the Utility before any excavation is begun.
(5) Where a pipe drain, pipe culvert or other structure or facility is encountered, it shall be replaced, restored, straightened or protected by the permittee.
(6) If, in the process of the work, a permittee damages any public or private utility property, the utility may make the necessary repairs and file a claim against the permittee with the City for the cost thereof. If the claim is not paid promptly by the permittee, the amount may be withheld by the Manager from the deposit or charged against the permittee's performance bond.
(7) Any monument of granite, concrete, iron, steel, brass or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Manager to do so. Permission shall be granted only upon condition that the permittee shall pay all expenses incidental to its proper replacement.
(8) If any work performed under the permit interferes with the established draining system of any street, provision shall be made by the permittee to provide proper draining to the satisfaction of the Manager.
(9) When any earth, sand, gravel, rock, stone, or other excavated material is caused to be deposited upon or to roll, flow, or wash upon any street, so as to create a nuisance or endanger life or property, the person responsible therefore shall cause the same to be removed immediately from the street upon notification to do so by the Manager. In the event it is not removed within eight (8) hours after notification, the Manager shall cause such removal and the cost of such removal shall be paid by the permittee or deducted from the deposit.
(10) To protect the public, every permittee shall place around the project such barriers, barricades, lights, warning flags, and danger signs as shall be determined by the Manager. All safety requirements and precautionary measures prescribed by the Manager shall be based upon and in conformance with, where applicable, the requirements set forth in the West Virginia Department of Transportation, Standard Specifications Roads and Bridges publication, latest edition. Whenever any person fails to provide or maintain the safety devices required by the Manager, such device may be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit. No unauthorized person shall willfully move, remove, injure, destroy, or extinguish any barrier, warning light, sign, or notice erected, placed, or posted in accordance with the provisions of this Article.
(11) Every permittee shall maintain safe crossing for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than three hundred (300) feet. Two (2) lanes of traffic shall be held open at all intersections, where possible, by the removal of dirt and the use of covering plates. All plates must be firmly secured and the installation must be inspected and approved by the Manager.
(12) Access to private driveways shall be provided, except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
(13) All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. Wherever necessary, in the opinion of the Manager, in order to expedite the flow of traffic or to abate a dirt or dust nuisance, toe boards or bins will be required to prevent the spreading of dirt into traffic lanes; temporary wooden plank walks shall be installed where the excavated area is muddy and causes inconvenience to pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee or his agent shall keep a passageway at least one-half (½) the sidewalk width open along such sidewalk line.
(14) Work authorized to be done pursuant to a permit granted by this Article shall be performed between the hours of 7:00 am and 7:00 pm Monday through Friday only, unless the permittee obtains written consent from the Manager to do the work at other times.
(15) In the case of any leak, explosion, or other accident in any subsurface pipe, line, or other facility, it shall be lawful for the person owning or responsible for such facility to commence an excavation to remedy such condition before securing a permit, provided that application for such permit shall be made immediately and not later than the next business day thereafter. If any such emergency condition shall not be immediately repaired by the owner or person responsible for such facility, the Manager, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus fifteen percent (15%) to each person.
(16) In granting any permit under this Article the Manager may attach such other conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
A. Limitations on the period of the year in which the work may be performed.
B. Restrictions as to the size and type of equipment.
C. Designation of route upon which material may be transported.
D. The place and manner for disposal of excavated materials.
E. Requirements as to the laying of dust, cleaning of streets, the prevention of noises and other results offensive or injurious to the neighborhood or the general public, or any portion thereof.
F. Regulations as to the use of the streets in the course of the work.
(b) Pavement Cuts and Backfilling and Restoring Openings.
(1) All pavement cuts, opening and excavations shall be properly made and backfilled according to City specifications.
(2) Unless otherwise determined by the Manager, all restorations of street pavements shall be made by the permittee. If the permittee should request the City to make the pavement cut, the actual cost to the City plus fifteen percent (15%) shall be charged to the permittee.
(3) The Manager must be notified by the permittee, not more than forty-eight (48) hours to the beginning of work, of the dates and approximate times at which work will be started and finished.
(4) No work shall be performed by the permittee unless or until the Manager shall be present or permission has been given by the Manager to proceed in his absence.
(5) Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four (4) feet or over in depth, the pavement in the base shall be removed to at least six (6) inches beyond the outer limits of the subgrade that is to be disturbed, in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
(6) No tunneling shall be allowed without the express approval of the Manager and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the City Manager and shall be done only in a method approved by him/her.
(Ord. 95-02. Passed 2-9-95.)
(7) The work of restoration when carried out by the permittee, including both paving surface and paving base, shall be performed as follows:
A. Every person who opens or excavates any street in the City shall thoroughly and completely refill the opening or excavation. The surface shall be restored to the same or better condition as it was before the opening and such restoration shall be in accordance with the requirements of the City or specifications by the West Virginia Department of Transportation, Division of Highways, which specifications are hereby adopted as specifications of the City for restorations of public street surfaces in the City. As restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening. If within two (2) years after the restoration of the surface, as herein provided, defects shall appear therein resulting from defective workmanship by the permittee, he shall reimburse the City for the cost of all necessary repairs to the permanent paving.
B. Backfilling in any paved street opened or excavated pursuant to an excavation permit issued hereunder shall first require adequate pipe bedding as indicated in subsection D. below, followed by filling the trench to within two (2) inches of the road surface with an approved cementitious flowable fill material. If flowable fill placement is likely to cause utility pipe flotation, the excavation contractor shall anchor the utility pipes, and shall adhere to the pipe manufacturer’s recommendations. Steel plates must remain secured over the trench until flowable fill has cured. Bituminous mix must be placed and maintained along the outside perimeter of the steel plates to accommodate traffic. If method of securing steel plates damages existing roadway, the affected area shall also be cut out and repaired. The use of aggregate or shale for backfilling is not permitted, unless the permittee is acting with the City Manager’s approval under emergency or other extreme circumstances and understands the material must be replaced with flowable fill as soon as possible.
C. Backfilling up to the first eighteen (18) inches above the top of the utility pipes or similar installation shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed two (2) inches in thickness Layers that are power-tamped shall not exceed four (4) inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling of all pipes of over twenty-four (24) inches in diameter shall be carried up to the spring line of the pipe in three inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes twenty-four (24) inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen (18) inches above the top of the pipe before any additional backfilling is placed thereon.
D. Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six (6) inches above the rock bottom of the trench and the space under, around and six (6) inches above the pipe shall be backfilled with clear river sand, noncorrosive soil or one-fourth-inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill.
E. Once backfilling is completed and approved by the City Manager, a hot bituminous concrete wearing course shall be placed and compacted to at least 95 percent of the wearing course’s density, and the final surface shall be flush with the adjoining roadway surface.
(8) In the event that any work performed by or for a permittee shall, in the opinion of the Manager, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work be completed with the time fixed by the Manager, the City may proceed to correct such unsatisfactory work or to complete any such work not completed and charge the cost thereof plus fifteen percent (15%) to the permittee or his surety. Legible copies of all flowable fill and blacktop delivery tickets containing information such as material quantity, identification, vendor, date, and certified mix design number must be forwarded to the City Manager. If the use of approved materials cannot be clearly proven, the City Manager may order the original permit holder to excavate and remove all questionable materials and to perform backfilling of trench in accordance with these regulations.
(Ord. 2000-05. Passed 3-27-00.)
(9) Where trenches are parallel to the street or where a number of cross trenches are lain in close proximity to one another by the permittee, or where the equipment used may damage adjacent paved surfaces, it shall be the prerogative of the Manager to require a negotiated contribution from the permittee for the resurfacing in place of patching of such streets, if the total area of the proposed patch or probable damaged area exceeds fifteen percent (15%) of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contribution agreed upon prior to issuance of a permit. The maximum contribution under this section shall not exceed the cost of trench restoration plus fifteen percent (15%).
(10) After such excavation or opening is commenced, the work of making and backfilling the same shall be prosecuted with due diligence and so as not to obstruct the street more than is actually necessary. If the work is not so prosecuted or if the work does not, in the judgment of the Manager, comply with the terms of this Article, he shall so notify the person within three (3) days after the service of such notice to proceed with the diligent prosecution of such work or to properly complete the same, as the case may be. If such notice is not complied with, the City shall do such works as may be necessary to backfill such excavation and to restore the street or part thereof excavated to the same condition as before such excavation was made. All expenses incurred by the City plus fifteen percent (15%) shall be recovered from the permittee's deposit or surety. No further permit shall be granted any person unless and until any opening or excavation already made by him has met all requirements of this Article. The Manager shall be the sole judge of proper performance and his opinion shall be final.
(11) The Manager or his authorized agents shall make daily inspections of all work authorized by permits issued pursuant to this Article. The Manager is empowered to employ an inspector, if the Manager is of the opinion that the work to be performed pursuant to a permit authorized by this Article is such that an inspector is necessary to ensure compliance with the various provisions of this Article.
(12) Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Manager in writing on a form prescribed by him/her.
(13) If any settlement in a restored area occurs within a period of two (2) years from the date of completion of the permanent restoration, it shall in general be conclusive evidence of defective backfilling. Any expense which my be incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond.
(14) Unless part of the work is being performed by the City, no opening or excavation made by a permittee shall be considered in the charge or care of the City or of any officer or person employed by the City, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening or excavation, except in the exercise of police power where and when it is necessary to protect life and property.
(15) If in his judgement, traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed as emergency work, the Manager shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.
(Ord. 95-02. Passed 2-9-95.)