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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)
(A) Heavy duty pavement breakers may be prohibited by the Director of the Department of Public Works when the use thereof endangers existing substructures or other adjoining property.
(B) Saw cutting of portland cement concrete may be required when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch; however, depths greater than one inch may be required by the Director of the Department of Public Works when circumstances warrant.
(C) Approved cutting of bituminous pavement ahead of the excavation may be required by the Director of Public Works to confine pavement damage to the limits of the trench.
(D) Unstable pavement shall be removed over cave-outs and over-breaks and the subgrade shall be treated the same as the main trench.
(E) Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.
(F) Cut-outs outside of the trench lines must be normal or parallel to the trench line.
(G) Boring or other methods to prevent cutting of new pavement may be required by the Director of the Department of Public Works.
(1990 Code, § 4.14)
(A) Fine material, free from lumps and stone, selected from the spoil may be used for backfilling upon the written approval of the Department of Public Works Director.
(B) Under no conditions shall broken pavement, concrete, frozen dirt or materials or clumps of two inches in diameter or greater be used as backfill into the trench.
(C) All mud and water shall be pumped or removed from the trench prior to the insertion therein of any backfill material.
(D) Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation, unless otherwise specified. The Director of Public Works may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer when in his opinion backfill for any excavation is not being adequately compacted. In order for resurfacing to be allowed, such tests must show that the backfill material meets the minimum requirements as prescribed by the City Commission. All expense of such tests shall be borne by the permittee-applicant.
(1990 Code, § 4.15)
(A) On major streets of a portland cement concrete construction, after the fill has been placed and compacted as above set forth, the trench shall be covered with eight inches of concrete meeting the specifications of the Department of Public Works Director and/or Michigan State Highway Department specifications.
(B) On bituminous streets, temporary patching may be inserted on top of the backfilled material of cold patch not less than three inches until weather permits resurfacing. Thereafter, bituminous aggregate MOSHT designate 4.11 mix shall be installed two inches or deeper, depending upon the volume of traffic and the recommendation and requirements of the Department of Public Works Director.
(1990 Code, § 4.16)
(A) The approval of the City Commission is required before removing any tree or shrub located in the city right-of-way. Any such tree or shrub removed or damaged shall be replaced by the permittee with a tree or shrub of the size, species and location specified by the City Commission at the applicant’s expense. The permittee shall be responsible for any replacement tree or shrub for one year after the date of planting and shall again replace the same if it dies within that time.
(B) The parkway trench may be backfilled with the materials excavated and removed therefrom, provided the material is not frozen and all lumps, stones or concrete greater than six inches in diameter are first removed therefrom. The parkway trench shall be allowed to settle for one month or be rolled and compacted, six inches of topsoil shall be placed on the top thereof and seeded with grass and mulch placed or sodded as weather permits and when weather permits.
(1990 Code, § 4.17)
The applicant or permittee shall make no curb cuts but shall apply to the Department of Public Works Director to have the curb cut as set forth. The replacement of curb previously cut shall be at the expense of the permittee and under the supervision and control of the Department of Public Works.
(1990 Code, § 4.18)
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavations shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director of the Department of Public Works. From time to time as may be ordered by the Director of the Department of Public Works, and in any event, immediately upon completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused material of any kind resulting from said work, and upon failure to do so, within 24 hours after having been notified by the Director of the Department of Public Works, the work may be done by city employees and the cost thereof charged to the permittee. The permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
(1990 Code, § 4.19)
After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition or as near as may be so as not to obstruct the public place or travel thereon more than is reasonably necessary. In no case shall the excavation extend more than 30 days under the permit hereunder unless the permit is specifically renewed by the City Commission.
(1990 Code, § 4.20)
When traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed as emergency work, the Director of the Department of Public Works shall have full power to order at the time the permit is granted that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as practicable.
(1990 Code, § 4.21)
Nothing in this subchapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduits or pipes or for making emergency repairs, provided that the person making such excavation shall apply to the City Clerk for such a permit on the first working day after such work is commenced.
(1990 Code, § 4.22)
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