Chapter 12.02 - Encroachments and Excavations#

12.02.010 - Permit—Required.#

It is unlawful for any person to make or to cause or permit to be made any encroachment and/or excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any tank, pipe, conduit, duct, or tunnel or for any other purposes without first obtaining from the superintendent of streets a written permit to make such encroachments and/or excavations and making a deposit or executing bond as provided in this chapter.§

(Ord. 469B §1(part), 1985)

12.02.020 - Permit—Application.#

Application for encroachment permits shall be made on a form provided by the city. The application shall state the name and address of the applicant and shall state the location, type and purpose of the proposed excavation or encroachment. If requested by the superintendent of streets, the applicant shall provide a drawing and other information showing the location and extent of excavation.

(Ord. 469B §1(part), 1985)

12.02.030 - Permit—Fee.#

A fee in an amount set by resolution of the council shall be paid by the applicant at the time the application is filed with the city. The fee shall not be refundable.§

(Ord. 469B §1(part), 1985)

12.02.040 - Permit—Deposit or bond.#

(a) The applicant shall post with the superintendent of streets a cash deposit or a good and sufficient approved corporate surety bond in the amount of $1,000.00 to guarantee the faithful and proper performance of the work before any encroachment permit shall be issued; however, if the applicant can show evidence of financial ability satisfying the superintendent of streets, it will not be necessary for the applicant to post a bond.§

(b) If applicant fails to notify and coordinate inspection of the work to be performed per the approved encroachment permit, applicant shall forfeit the entire deposit or bond.

(Ord. No. 1060B, § 5, 3-14-2023; Ord. 469B §1(part), 1985)

12.02.050 - Permit—Major project surety and fee.#

If the proposed work is of a major project, then the fees and bond shall be in an amount determined by the superintendent of streets. A "major project" means the installation or replacement of any underground facility other than a service from an existing main to a single user. The superintendent of streets shall set the fee to cover the reasonable costs of the city incurred in processing the application and inspecting the work. The bond shall be in an amount to adequately guarantee the faithful and proper performance of the work. However, if the applicant can show evidence of financial ability satisfactory to the superintendent of streets, it will not be necessary for the applicant to post a bond.

(Ord. 469B §1(part), 1985)

12.02.060 - Permit—Insurance certificate.#

The applicant shall file with the city a certificate of insurance showing that the applicant has in effect public liability insurance for bodily injury in the amount of $100,000.00 for each person and $300,000.00 for each accident, and $20,000.00 for property damage before being issued a permit, except those persons, corporations, or companies that are permissively self-insured under the laws of the state.§

(Ord. 469B §1(part), 1985)

12.02.070 - Permit—When secured.#

All required permits shall be secured at least two working days prior to the time the work under the permit is proposed to be commenced.§

(Ord. 469B §1(part), 1985)

12.02.080 - Emergency excavations.#

Nothing in this chapter shall be construed to prevent any person maintaining any pipe, conduit or duct in or under any street, alley, sidewalk or other public place by virtue of any law, ordinance or permit, from making such excavation and/or repair as may be necessary for the preservation of life or property when the necessity arises, provided that the person making such excavation and/or repair shall notify the superintendent of streets and shall make application for such work on the next working day following the excavation and/or repair.§

(Ord. 469B §1(part), 1985)

12.02.090 - Permit—Transferability—Work start and completion.#

No permit shall be transferable. Every permit shall be void unless the proposed work is commenced within ten working days from the date of issuance of the permit and the work is completed within a reasonable time after commencement unless prior arrangements are made with the city.§

(Ord. 469B §1(part), 1985)

12.02.100 - Permit—Issuance.#

Upon receiving a written application for an excavation permit or encroachment, the superintendent shall set forth all requirements, and shall approve or disapprove the application. The superintendent of streets may disapprove any application if the applicant has failed to comply with any provision of this chapter in connection with the permit being applied for or any permit previously issued, or if he finds that the excavation and/or encroachment will conflict with the city's use of the public street, alley, sidewalk or other public place or other encroachments already approved by the city.

(Ord. 469B §1(part), 1985)

12.02.110 - Permit—Revocation.#

The city may revoke any permit issued for noncompliance with any of the provisions of this chapter. Any permit revocation shall be issued by the superintendent of streets, shall be in writing, and shall set forth the reasons for the revocation.

(Ord. 469B §1(part), 1985)

12.02.120 - Permit—Appeal.#

Any person whose permit is refused or revoked pursuant to the provisions of Section 12.02.100 or 12.02.110 shall be entitled to appeal the determination of the superintendent of streets. The appeal shall be made within ten days of the date of the notice of refusal or revocation on a form provided by the city. The appeal shall be heard and determined by the city council within 45 days of the city's receipt of the appeal. The decision of the city council shall be final.

(Ord. 469B §1(part), 1985)

12.02.130 - Scope of excavation—Notice and inspection—Hours.#

(a) Excavations and encroachments shall be confined to the work described in the permits issued therefor.

(b) Each permittee shall notify the superintendent of streets and/or building inspector when excavation under the permit will be commenced, and such notice shall be given at least 72 hours prior to such commencement.§ All work under any permit shall be done and completed and inspected under the inspection of the superintendent of streets and/or building inspector and/or city engineer.

(c) Except in cases of emergency, no work shall be done at any other time than between the hours of 8:00 a.m. and 5:00 p.m. from Monday through Friday unless prior arrangements have been made at the time the permit is issued or in the case of an emergency.§

(Ord. No. 1060B, § 6, 3-14-2023; Ord. 469B §1(part), 1985)

12.02.140 - Excavation restrictions—Restoration standards.#

All excavations and backfilling shall be done in the following manner:

(1) No excavation shall be made on any street in any way to constitute a traffic hazard, except as provided in Sections 12.02.150 and 12.02.160.

(2) All excavated material shall be removed from the public right-of-way and disposed of off the public right-of-way or as directed by the superintendent of streets.

(3) All excavation shall be filled with clean sand to within eight inches of the existing or established street surface elevation and shall be thoroughly flooded.

(4) After flooded sand has become firm and sufficiently dry, the ditch shall be filled with six inches of aggregate base rock plus three inches of asphaltic plan mix surfacing.

(5) All trenches shall be backfilled to meet city standards for compaction and all pavement and asphalt shall be restored.

(6) A minimum of 30 inches of cover shall be provided over all pipes and conduits unless prior approval has been given by the superintendent of streets.§

(7) All material used as provided in this section shall conform to the applicable sections of the most recent issue of the State Division of Highways and Standard Specifications.

(Ord. 469B §1(part), 1985)

12.02.150 - Passage—Emergency facilities access.#

(a) Permittee shall at all times maintain at least one safe crossing and unobstructed passage for vehicle traffic and pedestrians around any excavations.

(b) Free access must be provided to all fire hydrants and other public service structures and property that may be required for emergency purposes.

(Ord. 469B §1(part), 1985)

12.02.160 - Safety—Devices.#

Permittee shall provide and maintain during the performance of the work such barricades, warning directional signals, flares and other safety devices which are required by law or are deemed necessary for the safety and protection of the public.§

(Ord. 469B §1(part), 1985)

12.02.170 - Safety—Legal compliance.#

Permittee shall obey and enforce all safety orders, rules, and recommendations of the Division of Industrial Safety of the State applicable to the work, and the permittee shall comply with all applicable federal, state and local laws, regulations, and ordinances.

(Ord. 469B §1(part), 1985)

12.02.180 - Blanket permits.#

The superintendent of streets may issue blanket permits for any utility to make excavations and/or encroachments for service connections, for the location of trouble in conduits or pipes, for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and will authorize excavation and/or encroachments only as stated in this section. Blanket permits shall not be issued for new installations or facilities.§

(Ord. 469B §1(part), 1985)

12.02.190 - Liability of city.#

Neither the city nor any officer or employee of the city shall be held responsible for any damages caused by any excavations or encroachments made in any street, alley, sidewalk or other public place by any person under the authority of a permit issued pursuant to this chapter. The person acting pursuant to such permit shall be solely liable for any damage or loss occasioned by any act of neglect in respect to such excavation and/or encroachment.

(Ord. 469B §1(part), 1985)

12.02.200 - Violation—Penalty.#

Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished according to the punishment prescribed for a misdemeanor in the general laws of this state.§

(Ord. 469B §1(part), 1985)

12.02.210 - Nuisance.#

In addition to the violations and penalties set forth in Section 12.02.200, any violation of this chapter is a public nuisance.§

(Ord. 469B §1(part), 1985)