Chapter 12.08
EXCAVATIONS
Sections:
12.08.030 Security deposit or bond required.
12.08.050 Return of bond upon satisfactory completion.
12.08.110 Violations and penalties.
12.08.120 Abatement – Notices – Costs – Fines.
12.08.010 Permit required.
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the City without having obtained a permit as required in this chapter, and without complying with the provisions of this chapter or in violation of or variance from the terms of any such permit. (Ord. 18-18 § 2, 2018; Ord. 15-28 § 2, 2016; Ord. 71-7 § 1(a), 1971. Code 1962 § 16-5)
12.08.020 Permit application.
Applications for permits shall be made to the Mayor or the Mayor’s designee. The permit application shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work and the name of the person, firm or corporation for whom or which the work is being done. The permit application shall contain an agreement that the applicant will comply with all applicable Federal, State and local ordinances and laws relating to the work to be done and be performed in accordance with the City of North Pole’s Permit Application and Specifications Manual for Street Excavation and Work within the Public Rights-of-Way and Easements. The applicant shall pay all associated costs including cost of permitting, design, construction, restoration and administration. (Ord. 18-18 § 2, 2018; Ord. 15-28 § 2, 2016; Ord. 71-7 § 1(b), 1971. Code 1962 § 16-5)
12.08.030 Security deposit or bond required.
In addition to applicable fees, the applicant shall deposit with the City in cash, certified check, surety bond or other security acceptable to the Mayor or the Mayor’s designee a sum equal to the contract/value of the work plus ten percent, including excavating costs, costs of installing the underground utility line, backfilling, compaction of backfill, pavement replacement, inspection and testing. Such sum shall be deposited with the City Clerk and shall be held by the City until all work is accepted by the Mayor or the Mayor’s designee. (Ord. 18-18 § 2, 2018; Ord. 15-28 § 2, 2016; Ord. 71-7 § 1(c), 1971. Code 1962 § 16-5)
12.08.040 Work requirements.
Work shall conform to the following requirements:
A. Prior to the beginning of the excavation, all equipment, pipe fittings, etc., required to complete the installation shall be on hand, checked for fit, and approved by an authorized inspector.
B. The contractor shall be responsible for the safety of the general public as well as persons working in excavations. Adequate shoring, barricades, flares, signs, pedestrian bridges and other protective devices shall be provided by the contractor. The contractor shall provide any additional protective devices or take additional precautions required by the Mayor or the Mayor’s designee.
C. Any damage to utilities, streets, sidewalks, curbs or other public or private property caused by the operation shall be repaired to the satisfaction of the Mayor or the Mayor’s designee.
D. All backfill shall consist of the same material removed from the trench with the following exceptions: Trash, organic debris and frozen material shall not be replaced in the trench. Such material, if present, shall be replaced with clean pit-run gravel. When the street is surfaced with either pit-run or crushed gravel, or if both are present, clean material, corresponding in gradation and fracture count, shall be replaced to a compacted depth equal to the depth of such material in the remainder of the street, but in no case less than four inches.
E. All backfill shall be compacted in small lifts to a minimum of ninety-five percent of maximum density as determined by the most current standard adopted by the Department of Transportation and Public Facilities, except that the top six inches of backfill under pavements shall be compacted to one hundred percent of maximum density.
F. Under asphalt or paved streets, all backfill between eight and twenty-four inches in depth shall consist of non-frost-susceptible pit-run gravel meeting the grading and durability criteria of current paving specifications of the City. All backfill within eight inches of the finished surface shall consist of graded crushed gravel having a maximum size of one inch and meeting all the requirements of current City paving specifications. A surface course consisting of two-inch hot-mix asphaltic concrete having a maximum aggregate size of three-quarters of an inch and a minimum Marshall stability of seven hundred fifty shall be placed on the prepared backfill. All material and methods for placing and compacting shall conform to current City paving specifications.
G. Every effort shall be made to complete all work and restore the street to its original or better condition in the shortest possible time. Except in the case of unusual and extenuating circumstances as determined by the Mayor or the Mayor’s designee, a penalty shall be charged the contractor whenever the time that an excavation remains open or the street has not been restored to its original or better condition exceeds the maximum allowed in the following schedule. The contractor must formally petition the Mayor or the Mayor’s designee in writing explicitly explaining the reason for their request to waive the charges assessed for not restoring the road to its original condition within the authorized period. Waiving assessed penalties is at the sole discretion of the City of North Pole.
|
Zone or street classification |
Allowable time from commencing to completion of work when the road is impassable to through traffic |
Additional charges for time that excavation remains open in excess of allowable time |
Additional charges for time street or sidewalk has not been restored to its original or better condition |
|
Residential |
3 days |
$250.00/day |
$250.00/day |
|
Business or Arterial |
18 hours (maximum of 12 hours of the allowable 18 hours between 7:00 a.m. and 7:00 p.m.) |
$100.00/hr. |
$100.00/hr. |
However, if the contractor fails, refuses or neglects to restore the street and/or sidewalk to its original condition within ten days, the Mayor is authorized and directed to have the street and/or sidewalk restored to its original condition by City workforces and/or other contractual arrangements with appropriate charge back to the original permit holder for the entire cost of the work. If a contractor feels that charges levied by the Mayor or the Mayor’s designee are unreasonable, he may appeal to the City Council by a letter directed to the Mayor within five days after the charges have been levied in writing to the contractor involved.
H. All excess dirt, debris and construction materials shall be removed from the job site after completion and before acceptance. Excess dirt shall not be spread over adjacent gravel streets. On paved streets, excess dirt and gravel shall be swept up and entirely removed leaving streets and gutters entirely clean. (Ord. 18-18 § 2, 2018; Ord. 15-28 § 2, 2016; Ord. 71-7 § 1(d), 1971. Code 1962 § 16-5)
12.08.050 Return of bond upon satisfactory completion.
When the work has been satisfactorily completed and so certified by the Committee on Streets and Alleys or its authorized representative, the City Clerk shall return the bond deposit, less any penalties and costs to the City. (Ord. 18-18 § 2, 2018; Ord. 15-28 § 2, 2016; Ord. 71-7 § 1(e), 1971. Code 1962 § 16-5)
12.08.100 Enforcement.
A. The City Mayor, Police Chief or designated representatives are authorized to enforce the provisions of this chapter.
B. Any person may file a complaint under this chapter with the Mayor or Police Chief and request enforcement of the alleged violation. (Ord. 18-18 § 2, 2018)
12.08.110 Violations and penalties.
A. A person who violates any provision of this chapter shall be guilty of a minor offense, punishable by the fine listed in the fine schedule in NPMC 1.20.030 or if no fine is listed in the fine schedule then by a fine not to exceed $500 (five hundred dollars).
B. Each day the violation continues constitutes a new violation.
C. Fines for violations are separate from and in addition to all other remedies authorized by law or equity. (Ord. 18-18 § 2, 2018)
12.08.120 Abatement – Notices – Costs – Fines.
The City may file a civil action in Superior Court to abate an obstruction or excavation and all costs and expenses of such abatement, removal, remediation, repair or other remedy and full actual attorney fees and costs incurred by the City in any legal proceeding to abate and repair the obstruction or excavation shall be paid by the persons committing, creating, keeping, maintaining or causing such obstruction or excavation. (Ord. 18-18 § 2, 2018)