7-2-7: STREET CUTS AND EXCAVATIONS:
A.   Permits And Fees:
   1.   Permit Required: It is unlawful for any person to cut, alter, mutilate, bore under or change in any manner, for any purposes, any paved or travel portion of any street, alley or easement, or any curb, gutter, catch basin, or any other appurtenance of any street or alley or any sidewalk in the city, or in any way change any existing right of way without first obtaining a permit from the city. (2010 Code § 20-13)
   2.   Fee For Permit: No person shall receive a permit from the city without having paid to the city clerk a fee as established by resolution of the city commission, together with any other fees hereinafter required for the particular work involved.
   3.   Separate Permit Required: Whenever it is necessary to cut or remove any pavement, walk, drive, curb or gutter, or to bore or excavate in any roadway for purposes of utility cuts, a separate permit shall be required for each cut made; provided, that more than one cut may be covered by a single permit if located on a single connected installation of new pipe or conduit. Replacement fees on utility cuts shall be calculated separately for each permit on the basis of actual cost of replacement and added to the base fee as established by resolution of the city commission per permit.
   4.   Additional Permit Fees: Additional permit fees shall be paid to the city for construction of walks and driveways by the authorized persons performing the work at the time the base permit is issued, and shall be as established by resolution of the city commission. (2010 Code § 20-13; amd. 2012 Code)
   5.   Prohibited Contractors: No permits shall be issued to any contractor who shall neglect or refuse to correct defective work.
   6.   Exception To Fees: The provisions of this subsection pertaining to payment of fees shall not apply to employees of a duly organized special assessment district or to employees of franchises. (2010 Code § 20-13)
B.   Closing Of Streets And Restricting Traffic: When sidewalks, curbing, guttering, draining, paving, or other street or alley improvements are in the course of construction in any street or alley, or any public place or highway in the city, the city shall have authority to close such street, alley or other public place against traffic or travel of every character, pedestrian included, for such time as the city shall deem necessary for the proper protection of the public and security of the improvements. In such event, traffic may be entirely restricted or limited to definite classes. The portion of such street, alley or other place to be closed shall be barricaded at the limits in such manner as to indicate to the public that the same is closed, and cards or signs shall be erected at each limit stating that such street or alley is closed. The erection of such barricades and signs shall be deemed sufficient notice to the public. (2010 Code § 20-14)
C.   Danger Signals: Any person doing any construction or excavating upon or adjacent to any street, alley, sidewalk or public ground in the city shall maintain substantial guardrails and barriers around such work or excavation in such a manner as to protect pedestrians, animals and vehicles. Such persons shall display and maintain lighted lanterns with red globes, lights or lighted signal flares from sundown to sunup during the time such work, excavation or obstruction exists. Such lanterns, flares or lights shall be of a type approved by the city and shall be placed on or sufficiently near such place in a number and manner sufficient to warn the traveling public from any direction, and if such obstruction is more than ten feet (10') long, one of such danger signals shall be placed at each end and additional ones spaced along such obstruction not more than twenty feet (20') apart. (2010 Code § 20-15)
D.   Driving On Closed Streets; Possession Of Barricades:
   1.   It is unlawful for any person to remove or destroy any barricades or signs erected as provided in this section, or to walk, drive vehicles or otherwise travel upon any street, alley or other public place closed as provided in this section, except as is necessary for the proper construction of improvements thereon.
   2.   It is unlawful for any person, except by proper authority, to be in possession of any barricade or traffic control device belonging to the city, or to any lawful governmental entity. (2010 Code § 20-15.1)
E.   Materials And Equipment Causing Obstruction; Exception: No materials or equipment shall be placed on any sidewalk or roadway unless specifically authorized on the permit issued pursuant to the provisions of this chapter, except in that part of the width of such sidewalk or roadway which must be blocked in any case by the work underway, or that part of the width of the roadway which might normally be occupied by standing vehicles. All operations shall be so handled as to provide minimum hazard to the public and minimum obstruction to traffic. All rubbish, equipment and unused materials and supplies shall be removed by the contractor before his work is opened to traffic. (2010 Code § 20-16)
F.   Replacement Of Utility Cuts: In those instances when existing pavements, walks, drives, curbs or gutter within any public way are hereinafter cut or removed by any contractor, or any trench or excavation of any kind shall be made in any public way are hereinafter cut or removed by any contractor, or any trench or excavation of any kind shall be made in any public way for the installation, removal, alteration or repair of pipes, wires, conduits or other facilities, such shall be replaced according to city specifications by the contractor. (2010 Code § 20-17)
G.   Landscaping: Nothing in this section shall be construed to prohibit landscaping and/or planting of trees, grass and shrubs in those portions of the public ways not immediately required for purposes of public travel, whether by employees of the city or by the owners of abutting property; provided, that such work will not interfere with utilities that may be installed in the street or with sight distance at intersections of public ways. (2010 Code § 20-18)
H.   Insurance Required: No person shall be licensed as a street works contractor or a driveway contractor unless he has deposited with city an approved policy of insurance, insuring the city against any claim or action for public liability or property damage arising out of any act, omission or negligence on the part of the contractor, to the extent of one hundred thousand dollars ($100,000.00) for any one individual, or three hundred thousand dollars ($300,000.00) for any group of individuals. The policy shall agree to defend the city in such action filed against it and to pay any judgment rendered against it within the above limits. (2010 Code § 20-20)
I.   Bond Required; Exception: No person shall be licensed as a street works contractor unless he has posted a bond in the amount of twenty five thousand dollars ($25,000.00) with the city clerk, which has been approved by the city commission. The bond shall be written by a bonding company licensed to do business in the state and conditioned that the person, or his surety, will remove any driveway, curb, guttering, surfacing, sidewalk or other improvement constructed by him in any public way not executed in accordance with the specifications hereinafter set forth, and replace the same to the satisfaction of the city to the extent of twenty five thousand dollars ($25,000.00) within any one year; provided, however, that the provisions of this subsection relating to bonds shall not apply to driveway contractors. (2010 Code § 20-21)
J.   Exemption: The provisions of this section shall not apply to authorized employees or agents of the city, or a special assessment district. (2010 Code § 20-22)
K.   Design Standards For Cutting Curbs, Paving, Walks And Drives: No curb shall be removed or omitted for a driveway entrance except at such location and at such grades as shall be designated by the city and in accordance with the following provisions:
   1.   Curb Cuts:
      a.   When any curb or curb and gutter section is removed and is not to be replaced with a similar section, the same shall be replaced, without unreasonable delay, by a complete driveway section. The slab shall be held on the same grade to conform to all provisions as would be required if a complete driveway section was being constructed.
      b.   When removing curb or gutter for any purpose that has been constructed as a unit separate from the street surfacing, both curb and gutter shall be removed. Within the limit of the section or contraction joint, the curb and gutter shall be removed and replaced to the joint.
      c.   All such cuts shall be sawed with an approved concrete saw to a depth of not less than one and one-half inches (11/2").
   2.   Utility Cuts: Prior to the removal of pavement for the installation or repair of subsurface utilities, all sides of the proposed cut shall be sawed with an approved concrete saw to a depth of not less than one and one-half (11/2") inches. Where it is necessary to cut paving for emergency repairs, paving may be removed without sawing, provided any damaged sections of paving are removed prior to making the repairs. After excavation and backfilling have been completed, if it is further necessary to remove additional paving, the sawing process shall be repeated, covering the outer edges of the paving to be replaced.
   3.   Sidewalk Cuts: Where a sidewalk is to be removed and replaced, a whole section of the sidewalk at the point involved shall be removed and replaced, unless the cut is made with a concrete saw. (2010 Code § 20-23)