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(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)
(A) It shall be the duty of every person, firm or corporation cutting or making an excavation in or upon any public way to place and maintain barriers and warning devices necessary for the safety of the general public. Barriers, warning signs, lights and the like shall conform to the requirements of the City Commission. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open, wick or flame flares generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. The City Commission may restrict the use of lanterns or open flame devices in fire hazard areas.
(B) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize any inconvenience to the occupants of the adjoining property and to the general public.
(C) When traffic conditions permit, the Director of the Department of Public Works may, by written approval and by the consent of the Chief of Police, permit the closing of streets and alleys to all traffic for a period of time prescribed by the Director of the Department of Public Works and the Chief of Police, if in their opinion it is necessary. Such written approval may require the permittee give notification to various public agencies and to the general public.
(D) Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic in accordance with the instructions of the Director of Public Works and Chief of Police. Where necessary to the Director of the Department of Public Works and the Chief of Police, traffic control devices and traffic control flag persons shall be furnished at the expense of the permittee.
(1990 Code, § 4.12)
The permittee shall, at all times and at his or its own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain consent from the owner of such property, and if he cannot obtain such consent, the Director of the Department of Public Works may authorize him to enter the private premises solely for the purpose of making the property safe. Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be top-soiled, reseeded and mulched or the sod shall be carefully cut, rolled and replaced after the ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before the work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or right-of-way areas without first obtaining the consent of the appropriate city departments or city officials having supervision thereof.
(1990 Code, § 4.13)
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