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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The Department of Public Works of the city.
DIRECTOR. The City Director of Public Works, or his duly authorized assistant or deputy.
STREET. All of the land lying between property lines on either side of all streets, alleys and boulevards in the city and includes lawn extensions and sidewalks and the area reserved therefor where the same are not yet constructed.
(1990 Code, § 4.1)
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavations in any street, alley, or other public place in the city without having obtained a permit as is herein required or without complying with the provisions of this subchapter or in violation of or variance from the terms and conditions of any such permit. The permit shall be obtained by the person, firm or corporation intending to tunnel under or to make any excavation or cut in any street, alley, right-of-way or sidewalk at least 24 hours in advance of the work to be performed.
(1990 Code, § 4.2) Penalty, see § 10.99
Applications for such permit shall be made to the City Clerk and shall describe the location of the intended excavation, tunnel or cut, the size thereof, the purpose therefor and the person, firm or corporation doing the actual excavation work and the name of the person, firm or corporation for whom the work is being performed and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be performed.
(1990 Code, § 4.3)
The respective fees for such permit shall be as set by the City Commission administratively. The fees shall be kept at the city offices and will be available to the public at request. The respective fees shall be subject to administrative change by the City Commission without necessitating further change or amendment to this chapter.
(1990 Code, § 4.4)
No such permit shall be issued unless and until the applicant therefor shall have filed with the City Clerk a bond in the sum of $5,000, conditioned to indemnify the city for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel, excavation or street cut. The bond shall have as surety a corporation licensed to do business in the State of Michigan as a surety bond company.
(1990 Code, § 4.5)
It shall be unlawful to make any such excavation, tunnel, or street cut prior to notifying the City Water and Sewer Departments in sufficient time before such excavation to allow them to stake and locate any city water and/or sewer lines in the area. It shall also be necessary to notify the utility companies and “Miss Dig.”
(1990 Code, § 4.6) Penalty, see § 10.99
(A) It shall be unlawful to make any such excavation, tunnel, or street cut in any way contrary to or at variance with the terms of the permit acquired therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and, in excavations, the excavations shall not have anywhere below the surface any portion which is undercut beyond the opening at the surface.
(B) In any subsurface excavations the MIOSHA standards applicable and in effect in the State of Michigan shall be used by any contractor or individual making such excavations, and such MIOSHA standards shall be adopted and incorporated into this section by reference.
(C) No injury or damage shall be done to any pipes, cables or conduits in the making of such excavation or tunnel, and notice shall be given to the persons maintaining any such pipes, cables or conduits as above set forth.
(D) No unnecessary damage or injury shall be done to any trees or shrubs or the roots thereof.
(1990 Code, § 4.7) Penalty, see § 10.99
The Director of the Department of Public Works or his designated inspector shall, from time to time, inspect or cause to be inspected all excavations and tunnels being made in or under any public street, alley or other public place in the city to see that the provisions of this subchapter are enforced. Notice shall be given to him at least 16 hours before the work of excavation is commenced and at least 16 hours before the work of refilling any such tunnel or excavation commences. It is the responsibility of the applicant to give adequate notice to the Director of the Department of Public Works so that such inspections may be made.
(1990 Code, § 4.8)
(A) If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for the travel and convenience of its users. If any part or portion of a slab of sidewalk is damaged during the excavation, the entire slab must be replaced. All sidewalk replacement must meet the design specifications as outlined in the city engineering and construction standards.
(B) Trenches under sidewalks shall be backfilled in the same manner as hereinafter set forth for street rights-of-way.
(1990 Code, § 4.9) (Am. Ord. 636, passed 2-12-2018)
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