Article V

Encroachment Permits – Excavations And Encroachments

The provisions of this chapter apply to permits for the making or causing to be made, in any highway, of excavations, and for the placing, constructing, repairing, changing or removing of encroachments.

(Ord. 1506 § 1 (part), 1996)

Each applicant for an excavation or encroachment permit shall file with the application four copies of the plan showing the highways in which the proposed excavation or encroachment will be placed, together with the exact location of dimensions of the proposed excavation(s) or the specifications and characteristics of the encroachment, together with any other details which the engineer requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repair thereto, the engineer may waive the filing of a plat. Approved plats shall become public record.

(Ord. 1506 § 1 (part), 1996)

All materials excavated from trenching or other encroachment operations in the right-of-way which are suitable for use as backfill shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit proper storage of material, the engineer may require that the permittee remove the material from the encroachment site. All excavated material not suitable for use as backfill shall be removed from public right-of-way.

(Ord. 1506 § 1 (part), 1996)

A monument set for the purpose of preserving survey points, lines or elevation shall not be removed or disturbed without first obtaining permission from the engineer. Replacement of a removed or disturbed monument shall be done by a registered civil engineer who is licensed to survey or a licensed land surveyor and shall be at the expense of the permittee. (Ord. 1506 § 1 (part), 1996)

In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the engineer. (Ord. 1506 § 1 (part), 1996)

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the engineer. (Ord. 1506 § 1 (part), 1996)

Laterals, utility services and utility conduits shall be jacked, bored or driven beneath a paved surface per city standards, unless other methods are approved by the engineer. (Ord. 1506 § 1 (part), 1996)

The minimum cover over any pipe or conduit installed under any public highway shall be thirty inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be thirty inches of material measured from the surface of the nearest outermost edge of the travelled way to the top of the pipe or conduit. The engineer may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided. (Ord. 1506 § 1 (part), 1996)

With the permittee's concurrence or as an emergency measure, the engineer shall have the power to order the paving by city forces of any excavation. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the city council. (Ord. 1506 § 1 (part), 1996)

As the work progresses, all highways shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All cleanup operations at the location shall be done on a daily basis and be accomplished at the expense of the permittee. From time to time as may be ordered by the engineer, and in any event immediately after completion of the work, the permittee shall clean up and remove all material, earth and debris of any kind. If the permittee fails to perform such clean up within twenty-four hours after having been notified to do so by the engineer or his designee, the work may be done by the department and the permittee charged in accordance with the schedule of charges adopted by the city council. When a pole, guy-stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(Ord. 1506 § 1 (part), 1996)

Backfilling and compaction of an excavation shall be in accordance with standards established by the engineer both as to material and method. (Ord. 1506 § 1 (part), 1996)

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction or tunnel placed in the excavation or the encroachment of which a permit is issued, interferes with the future surface use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the engineer such tank, or pole, pipe, cable, conduit, duct, tunnel or obstruction. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement. Utilities operating under franchises granted by the city shall relocate their facilities in accordance with the terms of such franchise. (Ord. 1506 § 1 (part), 1996)

The engineer shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the engineer finds that the remoteness of the area or other conditions render underground installation impractical or infeasible.

(Ord. 1506 § 1 (part), 1996)

The engineer may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits.

(Ord. 1506 § 1 (part), 1996)

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe, cable or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation applies for a permit not later than the next business day after such work is commenced.

(Ord. 1506 § 1 (part), 1996)

CHAPTER 13.60 TREES, SHRUBS AND PLANTS