Dorris Municipal Code Ch. 12.08 Excavations

Sections:

• 12.08.010
• Permit required-
• Exemption.
• 12.08.020
• Permit application and
• issuance.
• 12.08.030
• Filing of new applications
• not required when.
• 12.08.040
• Excavation maintenance
• requirements.
• 12.08.050
• Requests for street closure.
• 12.08.060
• Placement of excavated
• materials-Gutters.
• 12.08.070
• Barriers and lights
• required.
• 12.08.080
• Refilling and repaving.

Exemption. A. It is unlawful for any person, firm or corporation, other than duly authorized employees of the city, to make or cause to be made, any excavation in, on, or under the sur- face of any public street, lane, alley, sidewalk or other public place for any purpose without first obtaining a written permit therefor from the city. B. Utility pole and anchor holes are spe- cifically exempted from subsection A of this section. (Ord. 151 § I, 1964)

issuance. No permit shall be issued except upon compliance with the following provisions: A. Written application in duplicate shall be filed with the city clerk, or with such other 142 person as may be hereafter designated by the city council. The application must contain and be accompanied by:

1. The name and residence or business address of the applicant;
2. A statement of the location of, and the nature of the work to be done;
3. A plat or diagram in duplicate, show- ing the 1 ocation of the proposed excavation; the dimensions thereof; the position of, and the relation of the proposed work to existing underground structures or facilities; a detailed statement of methods to safeguard existing structures or facilities;
4. When incurred by the street superin- tendent, actual costs of services shall be paid to city by the applicant. The street superin- tendent may estimate this charge, and require it to be paid in advance of issuance of permit at his or her discretion.
5. An agreement holding the city, its of- ficers, agents and employees, free, safe and harmless from any claim or demand for dam- ages to third persons proximately resulting from the work proposed in the application. In addition to such agreement, the city council shall also require applicant to carry public liability and/or property damage insurance in a company or companies approved by the city council, in such limits as the city council de- termines are necessary for the protection of the city, its officers, agents and employees; the city, its officers, agents and employees to be named in such policy or policies as addi- tional insured. B. The applicant shall deposit with the city clerk such sum of money or a corporate surety bond in an amount as the street super- intendent may, in his or her discretion, deem to be adequate to indemnify the city for the

failure of the applicant to restore public streets, lanes, alleys, ways and public places to their original condition, the amount in no case to exceed the sum of one thousand dol- lars ($1,000.00). I. It is provided that all public utilities which, from time to time require the doing of work in public streets, Janes, alleys, ways and other public places in the city, which do not have on file with the city a bond or cash for the purpose set forth in the preceding para- graph, shall, upon the filing of its first appli- cations after the effective date of the ordi- nance codified in this chapter or the doing of such work, deposit the sum of one thousand dollars ($1,000.00) with the city clerk, or in lieu thereof, a corporate surety bond in such amount. No other or further bond shall be required of such utilities in connection with any subsequent application by them so long as they are not in default of any of the provi- sions of this chapter in restoring any street way, lane, alley, sidewalk or public place to its original condition and in the manner here- inafter provided. The bond shall be kept in full force and effect at all times, and the city clerk shall annually be advised of its renewal. 2. The bonds or cash deposits provided in this section shall be declared forfeited if the city council after a proper and reasonable in- vestigation finds that the work of restoration as provided in this chapter is not properly done, or if, within six months of the comple- tion of the work, damage to public places oc- curs as the direct result of failure to restore the same to their original condition. Upon a declaration of forfeiture, the proceeds of such cash deposits or bonds shall be first applied to the cost of repairs of such places, and the hal- 143 ance thereof, if any, shall be deposited in the general fund of the city. C. Issuance of Permit. All applications are subject to review by the street superinten- dent, who shall have discretion to require such engineering changes in the plans as in- dicated in the application as he or she deems reasonably necessary to protect the city's in- terest. No application shall be granted or permit issued without the approval of the street superintendent. Upon approval by the street superintendent, the permit shall be is- sued by the city clerk or such other person who may be hereafter designated by the city council to issue the same. Such permit shall not be transferable. D. In the event an application is not ap- proved by the street superintendent, the ap- plicant may petition the city council in writ- ing for a hearing thereon, and the city council shall have the authority to grant or deny the permit. (Ord. 151 § 2, 1964)

required when. Public utilities shall not be required to file new applications for work normally done by them in city streets subsequent to the filing of their initial application if the same is accom- panied by sufficient information covering their facilities in the city which from time to time may require work on public streets to service the same or require extension. Under such circumstances, a letter to the city clerk with a copy to the street superintendent de- scribing the work to be done and designating the location thereof and requesting a permit therefor shall be sufficient and a permit shall issue if the utility is not then in default in any of the provisions of this chapter pertaining to

them, and inspection fees as provided in this chapter are deposited. (Ord. 151 § 3, 1964)

requirements. It shall be the duty of every person, firm or corporation making any excavations in any public street, alley or other public place to: A. Maintain safe crossings for vehicular traffic at all street intersections; B. Maintain safe crossing for pedestrians at intervals of not less than three hundred (300) feet; C. If any such excavation is made across any public street or alley, to maintain at least one safe crossing at all times for vehicles and pedestrians, except as hereinafter provided; D. Maintain free access to private prop- erty at existing driveways; E. Maintain fee access to all fire hydrants and water gates. (Ord. 151 § 4 (part), 1964)

Upon request contained in the application or letter showing the need therefor, the exca- vator may close an entire street to vehicular traffic, subject to the following conditions: A. The application or letter must specify the place and time, not to exceed four hours; B. The applicant to furnish barricades and detour signs; C. The applicant to furnish flagmen; D. Applicant to secure approval from street superintendent on routing and move- ment of traffic. (Ord. 151 § 4 (part), 1964) 144

materials--Gutters. All materials excavated shall be laid com- pactly along the side of the trench and kept trimmed up so as to cause as little inconven- ience as possible to public travel. All gutters shall be maintained free and unobstructed for the full depth of adjacent curb. Wherever a gutter crosses an intersecting street an ade- quate waterway shall be provided and at all times maintained. (Ord. 151 § 5, 1964)

It shall be the duty of every person, firm or corporation making any excavation in any public street, alley or public place to place and maintain barriers at each end of such places as may be necessary along the excava- tion to prevent accidents, end also to place and maintain lights and barricades at each end of such excavation and at distances of not more than fifty (SO) feet along the line thereof, from sunset each day to sunrise of the next day, until the excavation is entirely refilled. (Ord. 151 § 6, 1964)

A. After such excavation is commenced, the work of making and refilling the same shall be prosecuted with due diligence and so as not to obstruct the street or other public place or travel thereon, more than is actually necessary therefor. The street superintendent shall report any unnecessary delay in such work to city council, and he or she shall no- tify the permitted in writing to comply. If there is no compliance within reasonable time, the street superintendent may hire such work to be done as may be necessary to refill

such excavation and to restore the street or other public place, or part thereof to as good a condition as the same was in before such ex- cavation was made. B. All refilling of the excavation shall be made in accordance with standards prescribed by the city engineer. C. All pavements shall be replaced in ac- cordance with the same plans and specifica- tions used in the construction of pavements torn up or damaged by such excavation. If any edge or other portion of street or side- walk shall be damaged by cave-in or other causes incident to such excavation, such damage shall be fully restored to its original condition. D. If the disturbed pavement is not re- placed by the person, firm or corporation making the excavation within such time as specified in the permit to make such excava- tion, then the street superintendent shall di- rect such replacement to be made otherwise and the city shall collect from the person, fmn or corporation liable for such work the cost of replacing such pavement. If the pave- ment replacement work is not made within a reasonable time, the cost of such replacement work shall be deducted by the city from the deposits retained by the city from the person, firm or corporation making the excavation, or recovered on the bond, filed in lieu of such deposits. Written notice of such deduction from deposits are to be sent to the person, firm or corporation making the excavation and placed in the general fund. E. The person, firm or corporation, by whom the excavation shall be made in any public street, alley, or other public place, shall be deemed and held to guarantee the work of refilling and repair thereof for the 145 period of two years after the refilling of such excavation, against all defects in workman- ship and materials. F. All refilling and paving of excavations shall be made in a manner satisfactory to and approved by the street superintendent, who shall make periodic inspections of excava- tions for which permits are on file. If it ap- pears that the restoration of the excavations is not satisfactory, the permitted who caused the excavation to be made shall be notified in writing of the deficiency and shall correct the same. If the same is not corrected within ten (10) days from date of written notice, the street superintendent may proceed in accor- dance with the provisions of subsection D of this chapter. (Ord. 151 §§ 7-12, 1969)

145-1 (Revised 11-19)