Maywood Municipal Code Ch. 1 Excavations and Repairs

Footnotes:

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Editor's note— Chapter 1, consisting of Sections 7-1.01 through 7-1.18, codified from Ordinance No. 272, as amended by Ordinance No. 344, amended in its entirety by Section 1, Ordinance No. 69-67, effective August 7, 1969.

No person, as principal agent, employee, or otherwise shall lay pipes or other utilities, construct, repair, excavate, overload in weight or size, or occupy, with building materials or other items, in or upon any street, alley, public service easement, court, way; easement, or other public place or City right-of-way or property without first obtaining a permit in writing to do so from the City and paying the issuance fee and inspection fee as established by resolution of the City Council. Notwithstanding, said fees shall not apply to any public utility possessing a franchise from the City or from the State for the use of City right-of-way.. Encroachment Permits shall be subject to the terms and regulations in Title 7, Chapter 3 of the Maywood Municipal Code.

(Ord. No. 10-02, § 1, 3-8-2010; Ord. No. 13-01, § 1, 2-11-2013)

(a) Except as otherwise provided in Chapter 4 of this title, street excavation permits shall be issued by the Street Superintendent upon a written application therefor and upon the applicant making the deposit or filing the bond required by the provisions of this chapter. Every such application shall contain the following information:

(1) The location of the proposed excavation;

(2) The width, length, and depth of the proposed excavation;

(3) The purpose for which the excavation is to be made;

(4) The probable length of time the excavation will remain open;

(5) The date of the application; and

(6) The signature and address of the applicant.

(b) Installation of wireless telecommunications facilities shall require approval of a permit issued in accordance with Chapter 4 of this title.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978; Ord. No. 19-05, § 2, 9-11-2019)

Before a permit is issued, the applicant shall file insurance certificates from insurance carriers authorized to do business in the State showing in effect, during the time of any excavations or repairs, public liability insurance in an amount not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars/Two Hundred Thousand and no/100ths ($200,000.00) Dollars and property damage insurance in an amount not less than Twenty-Five Thousand and no/100ths ($25,000.00) Dollars.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

The Street Superintendent shall investigate each such application, and, if it shall be found that there is a public or private necessity for such excavation or repair, that it can be made without permanent material injury to public or private property, and that it will not be detrimental to the best interests of the City or to the residents in the neighborhood of the proposed excavation, the Street Superintendent shall issue a street excavation permit as provided in Section 7-1.06 of this chapter. The Street Superintendent may impose reasonable conditions regarding the protection of the work involved in order to avoid hazard or injury to motorists or pedestrians or to maintain safe crossings for vehicular traffic or pedestrians.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

(a) Required. Before the issuance of a street excavation permit by the Street Superintendent, the applicant shall deposit with the Street Superintendent a sum of lawful money of the United States or a check duly certified by a responsible bank and satisfactory to the Street Superintendent. The amount of such deposit shall be determined as follows:

(1) For the repair of concrete paved streets, the sum of Two and no/100ths ($2.00) Dollars per square foot;

(2) For the repair of asphaltic pavement, the sum of One and 50/100ths ($1.50) Dollars per square foot;

(3) For the repair of concrete sidewalks, the sum of One and 50/100ths ($1.50) Dollars per square foot;

(4) For the replacing of curbing, the sum of Five and no/100ths ($5.00) Dollars per lineal foot; provided, however, curved curbs shall be Six and no/100ths ($6.00) Dollars per lineal foot; and

(5) For the repair or installation of concrete approaches, the sum of Two and no/100ths ($2.00) Dollars per square foot.

All concrete sidewalks, curbs, gutters, and streets shall be broken line to line or shall be sawed.

(b) Deposits by public utility companies. Any person maintaining any gas, electric, telephone, or telegraph pipes or conduits in the streets of the City may deposit with the Street Superintendent a sum the Street Superintendent may deem sufficient to cover the amount of excavating which may be done by such person during a period of one month, a period of six (6) months, or a period of one year. Such deposit shall apply to all the excavations made by such person during the period for which the deposit shall have been made; provided, however, the making of such deposit shall not relieve such person from obtaining a permit for such excavation.

(c) Bonds in lieu of deposits. In the event the required deposit shall exceed One Thousand and no/100ths ($1,000.00) Dollars, the applicant may, in lieu of such deposit, file with the Street Superintendent a good and sufficient bond in a sum equal to twice the amount required to be deposited in money. Such bond shall be duly executed by the applicant with two (2) or more sureties thereon, with each such surety qualifying for not less than one-half (½) the penal sum of the bond, or with a corporation duly authorized to become surety on casualty bonds in the State as the sole surety thereon. The bond shall be conditioned that the principal thereof shall, within the time specified in the street excavation permit or within any extension thereof, make such excavation, refill the same, restore the surface, and replace the paving thereon in accordance with the provisions of the street excavation permit, the laws and regulations relating to such work in the City, and the requirements of the Street Superintendent. Such bond shall be approved by the City Attorney as to form and by the Street Superintendent as to sufficiency.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

Each street excavation permit shall be in writing, shall be signed by the Street Superintendent, and shall contain a statement of the location of the proposed excavation, the width, length, and depth thereof, and the length of time permitted for making the excavation and restoring the surface and pavement. The provisions of the permit may vary from those of the application, but the work shall be done in accordance with the provisions of the permit, the laws and regulations relating to such work in the City, and the requirements of the Street Superintendent.

All concrete installed in the public right-of-way shall be in conformity with Section 303-5 of the current edition of the Standard Specifications for Public Works Construction, or as specified on plans; provided, however, all concrete in excess of one yard shall be furnished from an established ready mix concrete plant. Delivery tickets shall be available for inspection. Approaches and sidewalks to commercial establishments shall be six (6″) inches thick and shall be four (4″) inches thick for residential approaches and sidewalks. All concrete less than one yard shall be machine mixed, with a maximum slump of three (3″) inches.

The storage of materials, or the mixing of concrete, in the street right-of-way shall not be permitted.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

If the proposed excavation, refilling, restoration of the surface, and repaving shall have been done as provided in this chapter to the satisfaction of the Street Superintendent and within the time specified in the street excavation permit, or within any extension thereof granted by the Street Superintendent, the deposit made pursuant to the provisions of this chapter shall be returned to the applicant or his assigns. If the work shall not have been so done within such time, the Street Superintendent may cause such excavation to be refilled, the surface to be restored, and the paving to be replaced. The Street Superintendent shall deduct the cost of such work from the deposit and return the balance of the deposit to the applicant or his assigns.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

Whenever street reconstruction has occurred within the thirty-six (36) months immediately preceding a permit request, the permittee shall resurface the entire street within the limits of the trench excavation. Whenever street reconstruction has occurred within the last five (5) years but not less than three (3) years preceding the permit request, the permittee shall resurface the half street within the limits of the trench excavation.

Whenever a street is slurry sealed within the past one (1) year immediately preceding a permit request, the permittee shall reslurry the entire street within the limits of the trench excavation.

Whenever a street is slurry sealed within the past three (3) years but not less than one (1) year preceding the permit request, permittee shall slurry seal the half street within the limits of the trench excavation.

The above-noted provisions may be waived by the City Council in cases in which the City Engineer has determined that there are exceptional circumstances warranting such a waiver or that it will substantially impair franchise rights previously granted to a public utility.

(Ord. No. 10-02, § 2, 3-8-2010; Ord. No. 13-01, § 2, 2-11-2013)

It shall be a public nuisance and a misdemeanor for any person, as principal, agent, employee, or otherwise, to violate or fail, neglect, or refuse to comply with any of the provisions of this chapter.

(§ 1, Ord. 69-67, eff. August 7, 1969, as amended by § 1, Ord. 78-163, eff. April 27, 1978)

The issuance, plan check, and inspection fees specified in this chapter or as otherwise established by resolution, shall be doubled when work requiring a permit pursuant to the terms of this chapter has been stated or carried on without first obtaining a permit. A maximum additional fee to be charged pursuant to this section for any such permit shall be Five Hundred and No/100ths ($500.00) Dollars. Payment of an additional fee pursuant to this section shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor form any other penalties prescribed herein.

(§ 1, Ord. 02-482, eff. March 28, 2002)

If any subsection or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portion of this section. The City Council hereby declares that it would have adopted this section and each subsection or portion thereof, irrespective of the fact that any one (1) or more subsections or portions thereof be declared invalid or unconstitutional.

(§ 2, Ord. 02-482, eff. March 28, 2002)