(a) No person shall make, or cause to be made, any excavation, trench or other opening in any portion of any street, alley or other public roadway, or tunnel under such roadway from one side to another, within the Town of Winfield without obtaining a permit from the Town Recorder prior to the commencement of any work.
(b) An applicant for such permit shall file an application with the Town Recorder, setting forth the type pavement, location, purpose, kind, number and size (area and depth) of openings or excavations to be made, the estimated time such excavations are to remain open, and such other facts as may be required by the Town of Winfield.
(c) The Town of Winfield shall, upon the filing of an application, as provided for herein, investigate the same and, if deeded necessary, issue a permit to the applicant authorizing such person to tunnel or make the openings or excavations at the places and times and for the purpose set forth in the application.
(d) Prior to the issuance of any street excavation or tunneling permit the applicant shall pay a fee of twenty dollars ($20.00) and shall further agree to conform to and abide by all provisions imposed by rules, regulations and specifications as may be promulgated by the Town of Winfield.
(e) (1) In addition to the required permit fee, an applicant for a street excavation permit shall post a deposit in the amount of five hundred dollars ($500.00) of either cash or certified check, with the Town Recorder to ensure prompt and satisfactory restoration of the street pavement to its former condition.
(2) Upon completion of the project to the full satisfaction of the Town of Winfield, the deposit shall be returned to the permittee and the Town shall assume the maintenance of the restored street or alley.
(3) If, in the judgment of the Mayor or his agent, the restored street pavement is unsatisfactory, the deposit shall be forfeited to the Town to the extent that the Town shall utilize proceeds of the deposit to cause the street opening to be restored to a satisfactory condition.
(4) Any deposit balance remaining after all work is performed by the Town shall be refunded to the permittee. If the amount of any necessary Town services or materials exceeds the amount of the deposit, the Town Recorder shall proceed to collect the remainder due from the permittee.
(f) In the event that the restoration deposit provided for in subsection (e)(1) hereof becomes a hardship and applicants who engage in a larger number of street excavation projects, the Mayor or his agent, may at their discretion, accept in lieu of restoration deposits, a blanket performance bond to ensure the prompt and satisfactory restoration of street pavement excavated by such applicant.
(1) Performance bonds accepted by the Town of Winfield by authority of this section shall be in an amount not less than two thousand five hundred dollars ($2,500).
(2) Performance bonds shall be filed with the Recorder and shall not expire less than 180 days from the date of the most recent permit issued to the applicant.
(g) The Mayor or his agent, may require that all trenches or unfilled openings be covered by a metal plate sufficient to maintain uninterrupted vehicular or pedestrian traffic and may further specify the type and number of barricades, signs and warning lights, as may be necessary to reasonably and adequately protect the public against injury to any person or property.
(h) (1) All temporary filling or any excavation, trench or other street opening shall be the primary responsibility of the permittee until the permanent restoration of the roadway pavement is completed.
(2) All permanent backfilling or temporary fills shall be of a quality and composition as may be required by the Mayor or his agent.
(3) Temporary fills shall be kept even with the existing road surface level at all times.
(i) The full primary responsibility for any excavation, trench or other street opening shall be that of the permittee who shall at all times agree to keep the same properly guarded and enclosed so that the safety of pedestrian and vehicular traffic shall be assured. This responsibility shall continue until permanent replacement of the roadway pavement to its original status is made, and shall include the defense, settlement and payment of any and all claims, actions and court judgments for all damages or injuries arising in any way out of the creation or maintenance of the excavation trench or opening by the permittee.
(j) (1) Unless otherwise extended by the Town Recorder, all permits shall expire thirty days after issuance.
(2) All work shall be promptly commenced and shall be performed without any unnecessary or undue delays.
(3) Openings or trenches shall not be allowed to remain in an open condition for any greater period than is reasonably necessary to expeditiously complete the work.
(4) In an extensive street excavation operation, the Mayor or his agent, may require such continuous or partial permanent restoration or temporary filling, as deemed necessary to maintain a reasonable flow of vehicular or pedestrian traffic.
(k) Any person violating any of the provisions of this section shall upon conviction thereof, be fined not more than one hundred dollars ($100.00) for each offense. Each day’s continued violation shall constitute a separate offense.
(Ord. 1996-97-5. Passed 12-3-96.)
(Ord. 1996-97-5. Passed 12-3-96.)
(l) All street excavation or tunneling performed pursuant to this Article or otherwise in the Town (City) of Winfield shall be restored as follows:
(1) In any concrete street, the entire portion of the street so excavated should be replaced from seam to seam;
(2) If the street is asphalt, the street shall be replaced from ten (10) feet before the repair, to ten (10) feet after the repair.
(Ord. 2013-2014-12. Passed 6-10-14.)