EXCAVATION, CONSTRUCTION, AND OBSTRUCTION IN STREETS, ALLEYS, AND OTHER PUBLIC PROPERTY
8-2-1: PERMIT REQUIRED FOR EXCAVATION, CONSTRUCTION, OR INTERFERENCE WITH PUBLIC PROPERTY:
No person shall perform or engage in any excavation, construction, alteration, repair, or any other similar type of interference or obstruction in, on, or under any public street, alley, sidewalk, parkway, or any other public property, including, but not limited to, the installation, repair, maintenance, or removal of any pipe, conduit, duct or other utility or device, the alteration of grade, the installation of driveway approaches, repair or reconstruction of street, sidewalks, curbs or gutters, or any other type of physical interference with, or any obstruction of street or other public property, including, but not limited to, the standing or parking of trucks or equipment used in construction type activity, without a permit issued under the provisions of this chapter. (1962 Code §§ 7-1.03, 7-3.02)
The following shall be exempt from the provisions of section 8-2-1
of this chapter:
A. Performance of excavating or construction or other operations by the city.
B. Emergency repairs by public utilities to existing installations when circumstances require the work to be done immediately for the preservation of the public peace, health, safety, or welfare and a permit could not reasonably be obtained prior to such emergency repair; provided however, a permit shall be applied for on the first business day following such emergency repairs. (1962 Code §§ 7-1.48, 7-3.03)
8-2-3: TYPES OF PERMITS:
Permits may be issued for the following types of activities under the provisions and conditions designated in this chapter:
A. Class A permits shall be required for the following types of activities:
1. Use of the public property in conjunction with construction type activity occurring on the abutting private premises, including the standing or parking of trucks or equipment; loading and unloading materials, and other related types of construction activity which impose a minor and temporary burden on public property.
2. Maintenance of construction barricades, canopies or protective walkways, provided further, no portion of any construction barricade, canopy, or walkway extends in any roadway, or extends a distance more than one foot (1') into any alley.
3. Repair, construction, or reconstruction of curbs, gutters, sidewalks, driveway approaches, and other types of surface improvements, not exceeding twenty thousand (20,000) square feet in area.
B. Class B permits shall be required for excavation and construction on public property, including, but not limited to, street and alley improvements, storm drains, sanitary sewers, and any excavation or construction of any kind or nature which is not authorized by a class A permit.
C. Class C permits shall be required in lieu of class A or class B permits, for all franchised public utilities to engage in any type of excavation, or physical disturbances or intrusion into public property for the purpose of constructing, repairing or maintaining franchised utilities.
D. Class D permits designating street routing shall be required for any truck in excess of six thousand (6,000) pounds, or in excess of eight feet six inches (8'6") in width, which is engaged in hauling debris, excavated or fill material, or equipment from any site in which a grading or demolition permit has been issued under provisions of the building code; or for the hauling of materials or equipment in conjunction with any class A, class B,or class C permit issued under this section. (1988 Code)
8-2-4: PERMIT APPLICATION:
An application for the type of permit requested shall be filed with the transportation/engineering official and shall comply with the following requirements:
A. Completion of a permit application on the form designated by the city and signed by the applicant.
B. Payment of permit fee as prescribed by council resolution.
C. Posting of a security bond and/or insurance as required by section 8-2-6 of this chapter.
D. Proof of legal authority of the applicant to use, occupy, or otherwise engage in activity in, on, or under the public street, alley, or other public property.
E. Plans, engineering drawings, and specifications as required by regulations issued by the transportation/engineering official under section 8-2-20 of this chapter.
F. Compliance with such other requirements as designated in the rules and regulations of the transportation/engineering official pursuant to section 8-2-20 of this chapter. (1962 Code § 7-1.06)
8-2-5: ISSUANCE OF PERMIT:
If the applicant complies with the provisions of this chapter, the transportation/engineering official shall issue the permit, subject to imposition of such conditions as necessary to protect the public health, welfare, and safety. (1962 Code § 7-1.04)
8-2-6: SECURITY BONDS AND INSURANCE AND INDEMNIFICATION; CLASS B PERMITS:
A. Prior to issuance of any class B excavation permit, a security bond in the amount required to restore any excavation to its original condition as determined by the transportation/engineering official, shall be posted with the city. The security bond may be a cash deposit, security equivalent to cash as approved by the city attorney and risk manager, or a bond provided in accordance with title 3, chapter 4 of this code.
B. Prior to issuance of a class B permit, public liability insurance shall be provided in an amount not less than one million dollars ($1,000,000.00) insuring against personal injury and property damages arising within the course and scope of the activity authorized by the permit, with the city named as an additional insured. The insurance shall comply with theprovisions of title 3, chapter 4 of this code.
C. In the event the permittee does not complete the project authorized by a class B permit in a timely manner as required by the permit, the transportation/engineering official may give ten (10) days' notice to the permittee to complete the work within a time period designated by the transportation/engineering official, and if the permittee does commence completion of such work within ten (10) days, or fails to diligently pursue the completion work thereafter, the transportation/engineering official may perform, or cause to be performed such work as necessary to restore the site, and assess the costs thereof against the bond security.
D. Upon completion of the project in accordance with permit requirements, the city shall return the security bond required by the provisions of this chapter. (1988 Code)
8-2-7: TERMS OF PERMIT:
A. Class A permits shall be issued for specific dates, provided further no permit shall be issued for a period of time in excess of one year.
B. Class B permits shall be issued for specific dates, provided further, no permit shall be issued for a period of time in excess of ninety (90) days.
C. Class C permits shall be issued for specific dates, provided further, no permit shall be issued for a period of time in excess of ninety (90) days.
D. Class D permits shall be issued for specific dates; provided further, no permit shall be issued for any period of time beyond the expiration of the grading or demolition permit issued by the building official, or beyond expiration of the class A, class B, or class C permit.
E. The transportation/engineering official, may upon a showing of good cause, and upon payment of any fee as established by council resolution:
1. Grant an extension of any permit for a maximum period not to exceed the term of the original permit;
2. Change the specific dates for which such permit is issued.
F. Any permit issued under this chapter shall become void upon its expiration date. (1988 Code)
8-2-8: REVOCATION OF PERMIT:
Any permit issued under this chapter may be revoked by the transportation/engineering official for failure of the permitteeto comply with the terms of the permit, or for conduct relative to the authorized activity which creates a hazard to public health, welfare, or safety. Prior to revocation, the transportation/engineering official shall give at least five (5) days' notice to the permittee of the intended revocation and reasons therefor, and provide the permittee with the opportunity to be heard prior to revocation. Where the conduct or activity of the permittee creates a substantial and immediate danger to the public health, welfare, or safety, the transportation/engineering official may immediately revoke the permit, and within five (5) days thereafter, provide the permittee with a hearing on the permit revocation. (1962 Code § 7-1.45)
8-2-9: REFUND OF PERMIT FEES:
Permits issued under this chapter which are not utilized, may receive a refund of the permit fee, as designated by council resolution, provided that a refund application on the form designated by the transportation/engineering official is filed with the city prior to the expiration date of the permit. (1962 Code § 7-1.47)
8-2-10: POSTING OF PERMITS:
The permit issued by the transportation/engineering official for any activity regulated by this chapter shall be posted in a conspicuous place at the site where the work is performed, and shall be exhibited to any authorized representative of the city, or any public officer upon demand. (1988 Code)
8-2-11: GENERAL REQUIREMENTS, RESTRICTIONS, AND PROHIBITIONS IN PERFORMANCE OF WORK UNDER A PERMIT:
Any permittee issued a permit under the provisions of this chapter shall comply with the following requirements, restrictions, and prohibitions in engaging in the activity authorized by the permit:
A. All activity shall be conducted in accordance with any requirements and restrictions in the permit.
B. Streets, alleys, or sidewalks shall not be obstructed with material, equipment, or excavated materials except as expressly authorized under the permit.
C. Where the activity interferes with, or creates a hazard to pedestrians, a walkway shall be constructed and maintained in compliance with the rules and regulations of the transportation/engineering official issued under section 8-2-20 of this chapter.
D. The activity shall not interfere with traffic in any street or alley, except as expressly authorized by permit.
E. The activity shall be conducted in a careful and prudent manner to avoid damage to public and private property, including trees, shrubs, plants or vegetation, utilities, sewers, storm drains or other installations; provided further, the permit expressly may authorize interference with city owned trees or vegetation.
F. Trenching operations and construction, including pavement breakage, excavation, installation, backfilling and patching, under any permit shall not exceed a maximum aggregate distance of one thousand feet (1,000') at any one time; and prior to proceeding with any further segment of construction the street shall be patched, all debris removed, and the street cleaned.
G. Any excavation shall be backfilled in accordance with the specifications designated by the transportation/engineering official pursuant to section 8-2-20 of this chapter.
H. Upon completion of work authorized by the permit, the permittee shall restore the surface in accordance with the specifications issued by the transportation/engineering official pursuant to section 8-2-20 of this chapter.
I. During street excavations, pedestrian crossings as designated by the rules and regulations of the transportation/engineering official pursuant to section 8-2-20 of this chapter shall be maintained at intervals not exceeding three hundred feet (300').
J. Access shall be provided to fire hydrants and fire valves at all times.
K. Any excavation shall proceed in a manner which imposes the minimum annoyance and inconvenience to traffic, pedestrians and adjacent properties, and the excavation site shall, to the extent possible, be maintained free from dust and other construction related inconveniences.
L. Any excavation shall provide lateral, sublateral, adjacent, and overhead support to surrounding embankments, substructures, pavement, buildings and surrounding property in accordance with regulations issued by the transportation/engineering official under section 8-2-20 of this chapter.
M. Any service pipe, main pipe, conduit, duct, or other installation, with the exception of manholes, culverts, and catchbasins shall be installed a minimum distance of two feet (2') beneath the surface on any public property, with the exception of parkway in which the minimum distance shall be sixteen inches (16").
N. Barricades and warning lights shall at all times be maintained in the vicinity of any excavation in accordance with the rules and regulations issued by the transportation/engineering official pursuant to section 8-2-20 of this chapter.
O. No person engaged in the performance of work associated with apermit issued pursuant to this chapter shall interfere with the normal flow of vehicular traffic without using a flagman or flagmen.
P. No person managing a work site and no person directing vehicles which are delivering or picking up goods or materials shall permit the staging of those vehicles in a public right of way. For purposes of this subsection, the term "staging" shall be defined as stopping a vehicle in the public right of way at or near the entrance to a construction site behind another vehicle that is awaiting the delivery or pick up of goods or materials. (Ord. 90-O-2088, eff. 2-8-1990)
8-2-12: DAMAGE CAUSED BY PERMITTEE:
The permittee shall be responsible for any and all damage or injury caused to property, either directly or indirectly, in the conduct of operations or activity under any permit issued pursuant to this chapter, and shall immediately notify the transportation/engineering official of any such damage or injury. The permittee shall promptly repair, or arrange for prompt repair of any damage to public or private property, and upon failure to promptly effect repair, the city may repair or cause such repairs to be made, and assess the cost of such repair against any security bond of the permittee. (1988 Code)
8-2-13: FAILURE OF PERMITTEE TO PERFORM WORK IN A TIMELY MANNER:
Where the permittee commences activity or construction under a permit issued under this chapter, and fails to complete the project in a timely manner, thereby resulting in the creation of a nuisance or a dangerous situation, the city shall have the right to take such action as reasonably necessary to abate such nuisance or eliminate such dangerous condition. The permittee shall be responsible for costs incurred by the city in any action taken to abate the nuisance or eliminate the dangerous condition, and the city may assess the cost of abatement against the security bond of the permittee. (1988 Code)
8-2-14: REMOVAL OR RELOCATION OF EXISTING INSTALLATIONS IN STREET, ALLEY, OR OTHER PUBLIC PROPERTY:
Where the removal or relocation of an existing installation in, on, or under a public street, alley, or other public property is determined to be reasonable and necessary by the transportation/engineering official to facilitate governmental operations, the transportation/engineering official shall give written notice to the owner requiring removal or relocation, and within thirty (30) days of such notice the owner shall remove or relocate such installation. If the owner fails to effect the relocation or removal within the designated time, the city may perform the removal or relocation, and the owner shall be liable to the city for the cost of such removal or relocation. (1962Code § 7-1.12)
8-2-15: MAPS REQUIRED FOR SUBSURFACE INSTALLATIONS:
Any person owning, using, or having an interest in any pipes, conduits, or other devices or structures which are installed subsurface in any public street, alley, or other public place, and used for the purpose of supplying or conveying gas, oil, water, electricity, or communications shall file with the transportation/engineering official a map or set of maps, drawn to a scale of not less than one inch (1") to two hundred feet (200'), showing in detail the location, size, description, and date of such installations, including mains, laterals, all valves, pressure regulators, drips, manholes, hand holes, transformers, chambers, and any other appliances. The maps required by this section shall be updated each calendar year if any changes have occurred within the calendar year, and a revised map shall be filed within fifteen (15) days after expiration of the calendar year; provided further, maps of any changes or modifications during the calendar year shall be furnished to the city upon twenty four (24) hours' written notice by city. (1962 Code § 7-1.26)
8-2-16: ABANDONMENT OF SUBSURFACE INSTALLATIONS:
Whenever any type of subsurface installation or use thereof in any public street, alley, or other public place is abandoned, any person who owned, used or had any interest therein shall notify the transportation/engineering official in writing within thirty (30) days of such abandonment, and shall file a map conforming to the requirements of section 8-2-15
of this chapter designating in detail the location of such abandoned installation. The owner of such installation at the time of abandonment shall remain responsible for removal, and the city may at any time require such abandoned installation to be removed from its location if it is determined to obstruct a city project. (1962 Code § 7-1.42)
8-2-17: SURVEY MONUMENTS:
Any permanent survey bench mark, or precise survey reference point of any monument of granite, concrete, iron, steel, brass, or other permanent material shall not be removed, disturbed, or caused to be removed or disturbed without written authorization from the transportation/engineering official, and such authorization shall be granted only upon payment of all expenses incurred in the removal or relocation. (1988 Code)
All excavation and construction performed by permit under this chapter shall be subject to inspection by the city in accordance with the rules and regulations issued by thetransportation/engineering official pursuant to section 8-2-20
of this chapter. (1988 Code)
8-2-19: APPEAL TO COUNCIL:
Any decision of the transportation/engineering official in granting or denying a permit under the provisions of this chapter may be appealed to council pursuant to title 1, chapter 4
of this code. (1988 Code)
8-2-20: RULES AND REGULATIONS:
The transportation/engineering official is authorized and empowered to issue rules and regulations for implementation of provisions of this chapter, and upon issuance all persons shall comply with such rules and regulations issued by the transportation/engineering official under the authority of this section. (1988 Code)