7.270 Excavation in Streets, Alleys and Sidewalks.

(1) Permit to Excavate. It shall be unlawful for any person to, in any manner, excavate in or remove the surface or any ground from any public street, alley, pedestrian way or sidewalk in the City without first obtaining a permit to do so from the City Engineer.

(2) Excavations by the City or any Department Thereof. Whenever the City or any department thereof is to make any excavation in any public street, alley, pedestrian way or sidewalk, a record shall be made of the same and filed in the office of the City Engineer in the same manner as an application and permit so made and granted by other persons. Neither the City, nor any department thereof, shall be required to make any deposit or pay any permit fee as provided for other persons.

(3) Manner of Excavation. Any and all excavation(s) made in any public street, alley, pedestrian way or sidewalk shall be made in strict conformance with the regulations of the City relating to such work.

(4) Excavations – How Made and Filled.

(a) Any excavation made in any public street, alley, pedestrian way or sidewalk shall not be larger and shall not be left open longer than the necessities of the work demand. All such excavations shall at all times be properly guarded, day and night, in such manner as to sufficiently warn public travelers upon said street, alley, pedestrian way or sidewalk so that the same are reasonably safe as the nature of the work will permit. The person making such excavation shall be responsible for any damages which may result to any person or to any property by reason of said excavating work, shall indemnify and hold harmless the City, and the City shall assume no responsibility therefrom by reason of granting such permit. All excavations shall be by permit or by contract with the City of Manitowoc and shall require appropriate traffic control as defined by the Manual on Uniform Traffic Control Devices for Streets and Highways and as further directed by the conditions of the permit or contract governing such work.

(b) Backfilling. All backfilling for excavation below pavement, macadam or other surfaced roadways, alleys, pedestrian ways or sidewalks shall be completed with gravel or crushed stone, satisfactory to the City Engineer, well compacted, ready for temporary surface placement, resurfacing or paving. Slurry material may be used for backfilling to expedite the reopening of a roadway, only if approved by the City Engineer prior to placement. All earth, stone or other material excavated shall be hauled away by the person authorized to make such excavation upon any street, alley, or pedestrian way not open to public travel. The person making such excavation may refill with native soils, stone or other approved material, except rubbish, garbage or ashes, which was excavated from said location, providing the same is mechanically compacted to 95 percent proctor density or is flushed with fresh water, so that the street is left in as good condition as it was in immediately before such excavation was made. The permitted party shall place a temporary surface over the backfilled excavation or upon the City Engineer’s instruction the Streets Department crews of the City shall place temporary pavement or otherwise replace the wearing surface of any street, alley, or pedestrian way where such excavation is made, as soon as possible after said excavation has been properly backfilled. The Street Department Superintendent shall keep an itemized statement of the actual cost of such resurfacing and bill the permit holder, which will become due within 30 days from the date of billing.

[Prior code § 7.27]