(a) Opening and Excavation Restrictions.
(1) No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
(2) No more than 250 feet measured longitudinally shall be opened in any street at any one time.
(3) All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
(4) Pipe drains, pipe culverts, or other facilities encountered shall be protected by the permittee.
(5) Any person whose facilities are damaged by the permittee may make the necessary repairs and file a claim against the permittee with the Municipality for the cost of such repairs. This amount may be held by the Engineering Department from the deposit pending determination of liability for the damage.
(6) Monuments of concrete, iron, or other lasting materials 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 mark within the Municipality shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained, in writing, from the Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
(7) When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Engineer.
(8) When any earth, gravel or other excavated materials is caused to roll, flow, or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the City Engineer or his designee shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
(9) Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the City Engineer or his designee to be necessary for the protection of the public. Additional safety requirements may be prescribed by the City Engineer or his designee.
Whenever any person fails to provided or maintain the safety devices required by the City Engineer or his designee such devices shall be installed and maintained by the Municipality. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit.
No person shall willfully move, remove, injure, destroy or extinguish any warning light, barrier, sign, or notice erected, placed or posted in accordance with the provisions of this chapter.
(10) Access to private driveways shall be provided except during working hours when constructed operations prohibit provision of such access. Free access must be provided at all times to fire hydrants and water valves of the water system.
(11) Excavated materials 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. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the City Engineer or his designee may require the permittee to provide two boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the City Engineer or his designee. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least one-half the sidewalk width open along the sidewalk line.
(12) Work authorized by a permit shall be performed during daylight hours, Monday through Saturday, unless the permittee obtains written consent from the City Engineer or his designee to do otherwise.
(13) In granting any permit, the City Engineer or his designee may attach such other conditions thereto as may be reasonably necessary 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 routes upon which materials may be transported;
D. The place and manner of disposal of excavated materials;
E. Requirements as to the laying of dust, the cleaning of streets, the prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; and
F. Regulations as to the use of streets in the course of the work.
(b) Backfilling and Restoring Opening.
(1) All pavement cuts, openings, and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to Municipal specifications.
(2) The City Engineer must be notified by the permittee during the forty-eight hour period preceding beginning of backfilling of the date and approximate time at which backfilling will be begun.
(3) No backfilling shall be accomplished until proper Municipal inspection has been made.
(4) The work of the restoration, including both paving surface and paving base, shall be performed by the permittee according to Municipal specifications.
(5) If the Engineer finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he may require a negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch or probably 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 contributions agreed upon prior to issuance of a permit.
(6) After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
(7) The City Engineer or his designee shall make daily inspections of all work authorized by a permit. The Engineer is empowered to provide a full time inspector if the work to be performed is of a nature that full time inspector is necessary to ensure compliance with the provisions of this chapter.
(8) All inspection costs shall be borne by the permittee. Such costs shall be based on a schedule of charges on file in the Office of the Engineer.
(9) Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the City Engineer or his designee in writing. A certificate of final inspection shall be issued by the City Engineer or his designee in writing. The certificate of final inspection shall be issued by the City Engineer or his designee to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to the Municipal specifications. Prior to the issuance of the certificate, the City Engineer or his designee shall make a final inspection of the restoration to determine whether Municipal specifications have been adhered to.
(10) If any settling in a restored area occurs within a period of one year from date of completion of the permanent restoration, any expense incurred by the Municipality in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the City Engineer or his designee that the settlement was not due to defective backfilling.
(11) In no case shall any opening made by a permittee be considered in the charge or care of the Municipality, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Ord. 1959-12. Passed 7-7-59.)