An applicant for the permit required by section 16.02.02 of this article shall perform the following conditions precedent to the issuance thereof and comply with the following requirements prior to the issuance of such permit:
A. Application: The applicant for such permit shall make, sign and file in the office of the director of public works an application, to be approved by said director, stating the name, address and principal place of business of the applicant, the location and dimensions of each excavation intended to be made and the proposed purpose thereof, or the exact location where it is desired to place obstructions in the public streets, avenues, alleys, courts, places or public ways, or to pile material, the extent to which it is desired to do so, the kind and nature of obstruction or material to be so placed, the amount of room required therefor and the time during which the obstruction or material will be there.
B. Plats: An applicant for a permit to excavate in a public street, avenue, alley, court, place or public way shall file in the office of the director of public works a plat, in duplicate, designating such street, avenue, alley, court, place or public way and the location thereof, together with a designation of the location thereon of the proposed excavation, the dimensions thereof and any other details which may be requested by the director of public works; provided, however, that the filing of plats shall not be required when excavations are made for service connections or for the location of trouble in conduits or pipes or for making repairs thereto.
C. Changes In Application Information: The applicant shall show to the satisfaction of the director of public works a right to use and occupy, for the purpose mentioned in the application, the street, avenue, alley, court, place or public way wherein the excavation is proposed to be made, and the director of public works may make such change in the application as to the location, size and depth of such excavation as he may deem necessary for the protection of the street, avenue, alley, court, place or public way wherein such excavations are to be made, as are, in his/her judgment, necessary for the proposed purposes thereof, and may make such changes as to the location, size or character of obstructions to be placed in the highway as are, in his/her judgment, necessary to prevent undue interference with traffic on the street, avenue, alley, court, place or public way or endanger the safety of persons using the same.
D. Restoration Agreement; Deposit Or Bond:
1. The applicant shall, in writing and as a part of his/her application for the permit, agree, as soon as possible, to replace, repave and restore the street, avenue, alley, court, place or public way at the place of the excavation to its condition prior to the making of the excavation, or that the street, avenue, alley, court, place or public way may be replaced, repaved or restored by the director of public works or under his/her direction at the expense of the applicant and as soon as possible to remove any obstruction or impediment or material which applicant may place upon the highway under the permit or that the same may be removed by the director of public works or under his/her direction at the expense of the applicant. The applicant shall then deposit with the director of public works a satisfactory bond or a sum of money deemed sufficient by the director of public works as soon as possible to replace, repave or restore such road or to remove such obstruction or impediment or material, based upon the actual cost thereof per square foot as set by resolution of the city council.
2. Utilities operating under the jurisdiction of the public utilities commission of the state are exempt from the requirements of this subsection. (1954 Code §19.7; amd. 1994 Code)
E. Permit Fee: The applicant shall pay to the planning and building department for the issuance of the permit a fee set by city council resolution. (Ord. 0-07-1191, 10-10-2007)