§ 11.44.01. Performance of work.

Public and private utility companies are required to have agreements (franchise, contract, etc.) with the city in order to utilize the city easements, right-of-ways or real property. No authority shall be given by the city without such agreement. Failure to have such agreements with the city is immediate grounds for denial of a permit. Without such an agreement, applications/plans submitted to the city shall be denied and no permits shall be issued.

Any performance of work upon, in, under, above or under any street, alley, curb, gutter, sidewalk, any public right-of-ways or any public easement within the city, shall be included in an application and furnished to the city permit department prior to the issuance of a permit.

A.

Contractor's application to the city permit department. An application to the city shall include:

1.

A proposed performance of work plan reflecting the proposed work area.

2.

Indication of a work space within the right-of-way.

3.

Proposed barricade plan for the use of barricades, signals, signs, flags, flares and other traffic control and safety devices within the work area.

4.

A timeline and/or schedule for work.

5.

Applicable permit fee(s).

B.

Utility services. It is the preference of the city that boring or pushing of utility services under the streets, alleys or other public property occurs instead of excavations or cuts.

1.

All tunneling plans must be submitted with applicable application/permit fee and is subject to approval of the city code enforcement and public works department.

2.

Street closures shall be permitted after department approval and issuance of a permit.

3.

Notification of emergency and public service shall be the sole responsibility of the permittee.

4.

All excavations or cuts in paved surfaces shall have a minimum uniform width of twenty-four (24) inches unless the city public works department expressly authorizes a different width.

5.

All excavations or cuts in paved surfaces shall be smoothly cut or sawed and shall have a neat appearance. Any boring, excavation or cut made pursuant to the terms of this section shall be restored.

6.

Temporary restoration shall occur immediately upon completion of work that require boring, excavation or cut. Gravel surfaces are strictly prohibited.

7.

The applicant shall complete permanent restoration within ten (10) business days.

8.

The applicant shall resurface the full width of any street lane and replace pavement markings in the public right-of-way where there has been an excavation or cut resurfacing may not be required for minor maintenance.

C.

Temporary restoration. No materials removed from the boring, excavation or cut shall be used as back-fill material. This limitation applies to pieces of broken concrete or asphalt. The top six inches of back-fill material shall be compacted to ninety-five (95) percent of maximum density as determined by the modified proctor compaction test. The surface course shall consist of a two inch application of cold mix asphalt for asphalt streets, concrete streets or streets with single or double penetration surface treatments. The application is permitted to use any or all of the following as back-fill material:

1.

Crushed rock and natural fines uniformly mixed and so proportioned as to meet the specifications for class seven as reflected in the most recent edition of the state highway commission standard specifications.

2.

Crushed rock or other selected material approved by the city public works department that is free of debris and excess moisture when compacted to a minimum of ninety (90) percent as determined by the modified proctor compaction test.

3.

Compacted river sand or lean mix concrete if the use of this material has been previously approved by the city public works department.

4.

Material recommended by the permittee's engineer.

5.

A maximum of three-quarters-inch vertically per four feet will be tolerated for a period of one-year on asphalt and concrete streets.

D.

Permanent restoration. The applicant shall make all permanent restorations of any street or alley pavement on which there has been a boring, excavation or cut made pursuant to this chapter. Permanent restoration arterial and collector streets of concrete and asphalt streets designed as arterial and collectors by the master street plan shall be as follows:

1.

All back-fill and compaction requirements shall follow the guidelines of section 11.44.06 concerning temporary restorations.

2.

Back-fill material shall be removed to a minimum depth of eight inches for concrete streets and ten (10) inches for asphalt streets.

3.

A maximum of three-eights vertically per four feet will be tolerated for a period of one-year on asphalt and concrete streets.

4.

Street cuts shall comply with the three-eights-inch tolerance for one-year.

However; if the street repair fails to maintain its required tolerance, within ten (10) days after notification by the department, the permittee shall restore or reconstruct the street repair and shall guarantee the tolerance for another six months.

E.

Sidewalks, driveways, curbs and drainage facilities.

1.

All removed or undercut sidewalks, driveways, curbs or drainage facilities shall be restored by the permit holder in accordance with this chapter and other applicable ordinances.

2.

The applicant shall be responsible for protecting any shoulders, ditches and other drainage structures in the work area, if damaged in any way whatsoever during the time of the permit, shall make all necessary repairs.

3.

Notification of completion shall be made to the city public works director or his or her designee.

4.

Sidewalks, curbs and gutters shall be constructed to original condition or near original condition acceptable to the city public works director or his or her designee.

F.

Grasses and vegetation.

1.

To the extent possible, the applicant shall restore or replace all planted grasses and vegetation, including trees of the same height or character.

2.

The city public works director or his or her designee shall permit modifications to this aspect of the restoration plan in appropriate cases.

3.

Notification of completion shall be made to the city public works director or designee.

4.

Also the permittee shall notify the affected homeowners in writing prior to the beginning of construction who will be working in their yard, which shall include contact name and numbers.

G.

Excess material or debris.

When any temporary or final restoration is completed, all excess material, debris, mud or other foreign material shall be removed from the street, alley or other public property involved in the permit, and the surface shall, to the satisfaction of the city public works department, be restored to its original condition.

H.

Stop work order. In the event a stop work order is issued, the person holding the permit and engaging in the work shall restore the work area to its proper condition and permit upon demand by the city and in the event such is not done within twenty-four (24) hours from receipt of notice to do so, the city shall be authorized to and may, at its election, take charge of work and restore the premises to the condition called for in this chapter.

The city is entitled to receive from the contractor the actual expense incurred by the city in so acting and including, but not limited to, cost of labor, materials, overhead and reasonable rental of any equipment used by the city in restoring the site and for such purposes, the city shall have a right of action against any bond in effect running from the holder of the permit to the city conditioned upon compliance with the ordinances of the city in the performance of the work.

If the city has to restore the street cut, the fees to be charged to the permittee shall be as follows:

1.

Cut of up to one-half of width of street pavement ..... $750.00

2.

Cut of more than one-half of width of street pavement ..... $1500.00

3.

Road bore (applicant responsible for all work and cost) ..... $50.00

4.

Street cut made prior to the issuance of a proper permit ..... $350.00

5.

Administrative fees shall be in addition to penalties assessed by the court upon a finding of violation of this chapter.

I.

Street closures. The city has a vested interest in assuring that any disruption of the flow of traffic, or the digging of any trench, excavation or cut, in the paved portion of the public right-of-way, is kept to a minimum. Street closures are strictly prohibited without first obtaining approval from the public works department.

( Ord. No. 2012-11 , § 1, 4-26-2012)