Chapter 12.12 STREET EXCAVATIONS

A. It is unlawful for any person to dig up, excavate, break, tunnel, undermine in any manner, break up any street, or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit, or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street unless such person has obtained an excavation permit therefor from the Superintendent as provided in this chapter.

B. In the case of newly constructed streets, no permits shall be issued for excavation on said street for a period not to exceed three years from its acceptance by the City, except for emergency service.

C. The Public Works Department shall advise all public and private utilities at least 60 days prior to construction of a street to enable these utilities to plan construction if need be and to canvass property owners along said street to determine if they desire service. Improvements to the utility line must be made during this construction time or they must wait until the expiration of the three-year period.

D. In the event that a new service is requested by a property owner on the street during the three-year prohibition, the utility will be permitted to excavate the area, acceptable in dimension to the Director of Public Works, which will enable them to connect the customer to their existing line.

E. In the case of private and public utilities, the bond set forth in SMC 12.12.060 shall not be required. [Ord. 1393 § 1, 1983; 1956 Code § 9-803.]

12.12.030 Permit – Application.

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Superintendent. The written application shall state the name and address of the applicant; the nature, location and purpose of the excavation; the date of the commencement and date of completion of the excavation; and other data as may reasonably be required by the Superintendent. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surface, the location of the excavation work, and such other information as may be prescribed by the Superintendent. [1956 Code § 9-804.]

12.12.040 Permit – Fee.

A permit fee shall be charged by the Superintendent for the issuance of any excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction. The excavation permit fee shall be $30.00. [Ord. 1393 § 2, 1983; Ord. 1346 § 1, 1981; 1956 Code § 9-805.]

12.12.050 Notice to officials required.

Before doing any of the acts authorized by the permit, written notice thereof must be given to the Chief of the Fire Department who shall also be notified of the completion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public places affected has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice shall also be given to the Building Inspector. Any delay in giving such written notice after the completion of work shall render the applicant for the permit liable for all damages done or suffered by the City or any person by such delay. [1956 Code § 9-806.]

12.12.060 Surety bond.

A. Before an excavation permit as provided in this chapter is issued, the Superintendent may, as a condition precedent to the granting of a permit, require the execution and delivery to the City of a good and sufficient surety bond in an amount to be fixed by the Superintendent, payable to the City.

B. The required surety bond must be:

1. With good and sufficient surety;

2. By a surety company authorized to transact business in the State;

3. Satisfactory to the City Attorney in form and substance;

4. Conditioned upon the permittee’s compliance with this chapter and to secure and hold the City and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the City, the City Council, or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore, and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Superintendent, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 12 months after said work has been done, usual wear and tear excepted, as it was in before said work had been done. Any settlement of the surface within said two-year period shall be done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective backfilling by the permittee.

C. Nothing contained in this section shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective.

D. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond.

E. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.

F. In the event of any suit or claim against the City by reason of the negligence or default of the permittee, upon the City’s giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee and his surety.

G. An annual bond may be given under this section which shall remain in force for one year conditioned as set forth in this section, in the amount specified in subsection (A) of this section, and in other respects as specified in this section, but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.

H. The provisions of this section may be satisfied, in whole or in part, by liability insurance in such form and amount as approved by the City’s Superintendent and City Attorney. [1956 Code § 9-807.]

12.12.070 Cash deposits.

A. The application for an excavation permit to perform excavation work under this chapter shall be accompanied with a cash deposit, made to the City, for deposit with the City Treasurer as follows: a sum equal to $1.50 per square foot of surface of each excavation to be made in streets.

B. Any deposit made under this section shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and excavation work under the excavation permit.

C. Upon the permittee’s completion of the work covered by such permit in conformity with this chapter, as determined by the Superintendent, such deposit shall be promptly refunded by the City to the permittee; provided, that the City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street as provided in this chapter in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the City.

D. The deposit and the amount thereof shall in no event be construed as limiting the obligations of the permittee to timely and fully comply with each and all of the provisions of this chapter and on the part of the permittee to be performed. [Ord. 1346 § 2, 1981; 1956 Code § 9-808.]

12.12.080 Insurance.

The Superintendent may, as a further condition precedent to the granting of the permit, require the furnishing of public liability and property damage insurance in such amounts as he may determine, naming the City as an additional named insured. Such insurance shall provide that the same shall not be canceled without giving the City 30 days’ written notice. [1956 Code § 9-804.]

12.12.090 Permit – Denial.

No permit shall be issued to any person who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. [1956 Code § 9-842.]

12.12.100 Routing of traffic.

A. The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the Superintendent may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the City Police Department.

B. The following steps shall be taken before any street may be closed or restricted to traffic:

1. The permittee must receive the approval of the Superintendent and the Police Department therefor;

2. The permittee must notify the Chief of the Fire Department of any street so closed;

3. Upon completion of construction work, the permittee shall notify the Superintendent and the City Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made;

4. Where flagmen were deemed necessary by the Superintendent, they shall be furnished by the permittee at its own expense.

C. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Superintendent will designate detours.

D. The City shall maintain roadway surfaces of existing streets designated as detours without expense to the permittee, but in case there are no existing streets, the permittee shall construct all detours at its expense and in conformity with the specifications of the Superintendent.

E. The permittee will be responsible for any unnecessary damage caused to any streets by the operation of its equipment. [1956 Code § 9-809.]

12.12.110 Clearance for fire equipment.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions. [1956 Code § 9-810.]

12.12.120 Protection of traffic.

A. The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections.

B. Vehicular crossings shall be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular traffic safety. Decking shall not be less than four inches thick and shall be securely fastened together with heavy wire and staples.

C. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide, and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Superintendent. [1956 Code § 9-811.]

12.12.130 Removal and protection of utilities.

A. The permittee shall not interfere with any existing utility without the written consent of the Superintendent and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner.

B. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility.

C. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain, and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor.

D. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit, or other utility and its bond shall be liable therefor.

E. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. [1956 Code § 9-812.]

12.12.140 Protection of adjoining property.

A. The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose.

B. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and, if he cannot obtain a license from such owner, the Superintendent may authorize him to enter the private premises solely for the purpose of making the property safe.

C. The permittee shall at its own expense shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or streets resulting from its failure to properly protect and carry out said work.

D. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate City department or City official having control of such property. [1956 Code § 9-813.]

12.12.150 Sidewalk excavations.

Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial adequate footbridge over the excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. [1956 Code § 9-814.]

12.12.160 Protective measures.

A. The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the City street or sidewalks, and such protective barriers shall be maintained until the work is completed or the danger removed.

B. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstruction to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstruction.

C. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. [1956 Code § 9-815.]

12.12.170 Attractive nuisance.

It is unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health. [1956 Code § 9-816.]

12.12.180 Care of excavated material.

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians, or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Superintendent shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. [1956 Code § 9-817.]

12.12.190 Damage to existing improvements.

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Superintendent shall have the authority to cause the necessary labor and materials to be furnished by the City, and the cost shall be charged against the permittee, and the permittee shall also be liable for his or its bond therefor. [1956 Code § 9-818.]

12.12.200 Property lines and easements.

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee’s responsibility to confine excavation work within these limits. [1956 Code § 9-819.]

12.12.210 Cleanup.

As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Superintendent. From time to time as may be ordered by the Superintendent and in any event immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work and upon failure to do so within 24 hours after having been notified to do so by the Superintendent, the work may be done by the Superintendent and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided under this chapter. [1956 Code § 9-820.]

12.12.220 Protection of watercourses.

The permittee shall provide for the flow of all watercourses, sewers, or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Superintendent may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. [1956 Code § 9-821.]

12.12.230 Tunnels.

Tunnels under pavement shall not be permitted except by permission of the Superintendent and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the Superintendent. [1956 Code § 9-822.]

12.12.240 Backfilling – Generally.

A. Backfilling in any street opened or excavated pursuant to an excavation permit issued under this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug.

B. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers, or by water settling as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be backfilled by water settling shall be based upon such engineering practices and shall be made by the Superintendent.

C. When water is taken from a fire hydrant, the permittee shall be assigned one man to operate the hydrant and shall make certain that that man has been instructed by the City Water Department in the operation of the hydrant. The City Water Department shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the City Water Department. [1956 Code § 9-823.]

12.12.250 Backfilling – Water settling.

When backfilling is done by water settling, excavated materials above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such a manner as to obtain a relative compaction through the entire depth of the backfill of not less than that existing adjacent to the excavation. [1956 Code § 9-824.]

12.12.260 Backfilling – Dry.

Backfilling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed four inches in thickness. Layers that are power-tamped shall not exceed six inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the top of the pipe before any additional backfilling is placed thereon. [1956 Code § 9-825.]

12.12.270 Backfilling – Material.

Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench, and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-quarter-inch minus gravel. Broken pavement, large stones, and debris shall not be used in the backfill. [1956 Code § 9-826.]

12.12.280 Backfilling – Surface.

Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is unyielding. The surface shall then be graded as required. [1956 Code § 9-827.]

12.12.290 Restoration of surface.

A. The permittee shall restore the surface of all streets broken into or damaged as a result of the excavation work to original condition in accordance with the specifications of the Superintendent.

B. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place, and this fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Superintendent. If in the judgment of the Superintendent it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.

C. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Superintendent to restore the street to its original and proper condition, or as near as may be.

D. Acceptance or approval of any excavation work by the Superintendent shall not prevent the City from asserting a claim against the permittee or his or its surety under the surety bond under this chapter for incomplete or defective work if discovered within 12 months of the completion of the excavation work. The Superintendent’s presence during the performance of any excavation work shall not relieve the permittee from its responsibilities under this chapter. [1956 Code § 8-828.]

12.12.300 City’s right to restore surface.

A. If the permittee has failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by the permit or has otherwise failed to complete the excavation work covered by the permit, the Superintendent, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25 percent of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and may apply in payment of the amount due it any funds of the permittee deposited as provided in this chapter, and the City may also enforce its rights under the permittee’s surety bond provided pursuant to this chapter.

B. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition. [1956 Code § 9-829.]

12.12.310 Trenches in pipe laying.

Except by special permission from the Superintendent, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Superintendent. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. [1956 Code § 9-830.]

12.12.320 Prompt completion of work.

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor. [1956 Code § 9-831.]

12.12.330 Urgent work.

If in his judgment traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed as emergency work, the Superintendent shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible. [1956 Code § 9-832.]

12.12.340 Emergency action.

In the event of any emergency in which a sewer, main, conduit, or utility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit, or utility, without first applying for and obtaining an excavation permit under this chapter, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Superintendent’s office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit under this chapter. [1956 Code § 9-833.]

12.12.350 Noise, dust and debris.

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and, during the hours of 10:00 p.m. and 7:00 a.m., shall not use, except with the express written permission of the Superintendent or in case of an emergency as otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. [1956 Code § 9-834.]

12.12.360 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Superintendent. [1956 Code § 9-835.]

12.12.370 Inspections.

The Superintendent shall make such inspections as are reasonably necessary in the enforcement of this chapter. The Superintendent shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. [1956 Code § 9-836.]

12.12.380 Maintenance of drawings.

Users of sub-surface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures including abandoned installations. Corrected maps shall be filed with the Superintendent within 60 days after new installation, changes or replacements are made. [1956 Code § 9-837.]

12.12.390 Nonapplicability to City.

The provisions of this chapter shall not be applicable to any excavation work under the direction of competent City authorities by employees of the City or by any contractor of the City performing work for and in behalf of the City necessitating openings or excavations in streets. [1956 Code § 9-838.]

12.12.400 Public service companies.

All persons operating public utilities in the City under franchises granted by the City and having the right either by general or special permission to enter upon streets and open and excavate pavements, sidewalks, or disturb the surface thereof by excavation or other work shall not be required to apply for a permit but shall be required to perform the work and bring it to completion as promptly as practicable and to that end shall employ an adequate standing force. Any person operating any such public utility shall, however, comply with other requirements of this chapter including the surety bond and deposit requirements. [1956 Code § 9-839.]

12.12.410 Liability of City.

This chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter, nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or approval of any excavation work. [1956 Code § 9-841.]