The intent of this section is that all street, alley, sidewalk, road, highway or other public way, or curb and gutter crossings by utilities and other parties shall be required to be bored unless an open cut is approved by the city. Open cut approvals shall not be withheld unreasonably and if required, shall meet the following requirements:
(A) Handling of excavated material. In making excavations or making improvements in or to any street, alley, sidewalk, road, highway or other public way or curb and gutter in the city, all material or earth removed and new material necessary for repairs or for new work shall be handled in a safe manner and placed where it will cause the least possible inconvenience to the public. In no case shall such material or earth be stock piled or scattered over the surface of the pavement or impede vehicular or pedestrian traffic flow.
(B) Making open trench repairs promptly. No trench or opening made on any street, alley, sidewalk, road, highway, or other public way, or curb and gutter in this city shall remain open longer than is absolutely necessary, and in no event more than 24 hours, except by special written permission of the city. If a cut is required to be open for longer than 24 hours and the party making it failed to secure the necessary extension of time, and having been notified to refill the same, failed to do so, then the such refilling shall be made under the direction of the city at the expense of the party that has secured the permit. Temporary bridging of the open cut such as “plating” shall be required if a cut is required to stay open more than 12 hours. For public safety a minimum “plate” thickness of one inch shall be required.
(C) Backfilling generally. Immediately upon the completion of any job, the backfilling of cuts into any street, alley, sidewalk, road, highway or other public way, or curb and gutter shall be done as per the city’s current standard details for such a repair. If no standard detail is available for such a repair, it shall be repaired in a manner approved by the city.
(D) Settling. If the backfilling of any trench or opening settles prior to the making of permanent repairs, such trench or opening shall immediately be brought to proper grade by the party that secured the permit as directed by the city. If such repair has not been made within 24 hours of notification to permit holder, repairs will be made by the city at the permit holder’s cost.
(E) Length of excavation. No excavation shall be made in any street, alley, sidewalk, road, highway, or other public way or curb and gutter in the city that exceeds 400 feet in length at any one time, except by special written permission of the city.
(F) Emergency cuts and excavations. Nothing in this article shall prevent any person from opening any street, alley, sidewalk, roadway or other public way or curb and gutter as may be necessary for the preservation of life or property when necessity may arise during the times when city offices are closed. The person making such excavation shall make application for a permit within 24 hours after city offices are first opened subsequent to the making of such excavation.
(G) Application for all street cuts or bores shall be made with the City Planning and Permits Department, and fees will be charged as outlined in § 155.01.
(Ord. 2009-11-347, passed 11-3-09; Am. Ord. 2010-06-356, passed 6-1-10; Am. Ord. 2011-08-379, passed 8-2-11; Am. Ord. 2018-11-816, passed 11-6-18; Am. Ord. 2022-05-991, passed 5-3-22)