(a) No person shall open, uncover or dig any hole, ditch or trench or make any excavation or tunnel in or under any street, alley, avenue, pavement, sidewalk or crosswalk or make any connections with or lay any sewer drain, gas, steam, water or other pipe or pipes or conduit or conduits in any street, alley, lane or avenue in the City without first having taken out a permit therefor, having paid a fee therefor and having given a bond, as in this Article provided.
(b) This section shall not apply to employees of the city or to work performed under a public improvement contract with the city, but shall apply to work performed by public utilities.
Any person desiring a permit required in Section 13-401 shall file with the City Clerk a written application for the same. Such application shall specify:
(a) The location or place at which the work is to be performed.
(b) The nature of the work which is to be performed.
(c) The dimensions of the work-the length, the breadth, and the depth.
(a) No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.
(b) Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).
(c) Each bond given under this section shall be approved by the city attorney and filed with the city clerk.
If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee that is established by the Governing Body from time to time. Each permit issued under the provisions of this section shall cover only one specified excavation.
Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.
Street layout and design shall be determined as follows:
(a) The arrangement of arterial, collector and local streets shall conform to any adopted street plan of the city. The street layout shall conform to the standards adopted by the governing body.
(b) Any existing or platted street that terminates at the boundary line of a property shall continue to the farthest point of the property.
(c) The local street layout shall be such that it will discourage use by nonlocal traffic.
(d) Streets shall intersect as nearly as possible at right angles.
(e) Streets shall provide for openings to adjacent undeveloped land as required, to avoid landlocked property.
(f) Streets longer than one lot which dead-end against property boundaries of undeveloped land shall provide an improved temporary turnaround.
(g) Minimum right-of-way for local streets shall be 60 feet. Half streets are prohibited.
(h) Any platted alley will be used as an easement for utilities.
(Ord. 630, Sec. 7)
The city will not accept a deed, dedication or right-of-way of any kind for any proposed street, until the same has been surveyed, opened, graded and improved in accordance with city plans and specifications (including provision for drainage), all at the expense of the abutting landowner or owners. Before work is commenced, a permit shall first be obtained from the city, together with a surety bond to insure the completion of the project and a one year maintenance bond. All paving costs shall be assessed against the property benefitted as provided by law, or paid for in cash or certified funds by the landowners under contract approved by the city.
(Ord. 630, Sec. 8; Code 2016)