Mound City Code 605.00
Section 605 – EXCAVATON OF STREETS AND OTHER PUBLIC PROPERTY
605.01 Definitions. For the purposes of this Section 605, the following terms, phrases, words, and their derivations shall have the meaning given herein.
Subd. 1. "Applicant" is any person making written application to the City Manager for an excavation permit hereunder.
Subd. 2. "Excavation Work" is the excavation and other work permitted under an excavation permit and required to be performed under this Section 605.
Subd. 3. "Permittee" is any person who has been granted and has in full force and effect an excavation permit issued hereunder.
605.05 Street Excavation Permit. REPEALED BY ORD. 11-2002, 7/21/02.
605.10 Application. REPEALED BY ORD. 11-2002, 7/21/02.
605.15 Excavation Permits Fees. REPEALED BY ORD. 11-2002, 7/21/02
605.20 Excavation Placard. REPEALED BY ORD. 11-2002, 7/21/02.
605.25 Surety Bond and Insurance. REPEALED BY ORD. 11-2002, 7/21/02.
605.30 Routing of Traffic. 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 City Manager may permit the closing of streets to all traffic for a period of time prescribed by him or her if in his or her opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the City Police Department. The following steps shall be taken before any highway may be closed or restricted to traffic:
(a) The permittee must receive the approval of the City Manager and the Police Department therefor;
(b) The permittee must notify the Fire Chief of any street so closed;
(c) Upon completion of construction work, the permittee shall notify the City Manager and City Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made;
(d) Where flaggers are deemed necessary by the City Manager, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the City Engineer will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are not existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the City Manager. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment.
605.35 Clearance for Fire Equipment. The excavation work shall be performed and conducted so as not be 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 fire fighting equipment shall be kept free of piles of material or other obstructions.
605.40 Protection of Traffic. The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible.
605.45 Removal and Protection of Utilities. REPEALED BY ORD. 11-2002, 7/21/02.
605.50 Protection of Adjoining Property. The permittee shall at all times and at the expense of the permittee preserve and protect from injury any adjoining property by provided proper foundations and taking other measures suitable for the purpose. 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 or waiver from the owner of such private property for such purpose. 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 highways resulting from its failure properly to protect and carry out said work. 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 Section 605. 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 easement across private property without first having notified and obtained the consent of the property owner, or in the case of public property, the City Manager.
605.55 Protective Measures. 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 shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It shall be 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.
605.60 Attractive Nuisance. It shall be 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.
605.65 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 City Manager 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.
605.70 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 City Engineer shall have the authority to cause said 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 on the bond provided therefor.
605.75 Property Lines and Easements. REPEALED BY ORD. 11-2002, 7/21/02.
605.80 Clean-Up. 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 clean up 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 City Manager. From time to time as may be ordered by the City Engineer, and in any event immediately after completion of said work, the permittee shall at the permittee's expense clean up and remove all refuse and unused materials of any kind resulting from said work and upon failure to do so within 24 hours after having been notified to do so by the City Manager, said work may be done by the City, or by a contractor chosen by the City, and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
605.85 Protection of Water Courses. The permittee shall provide for the flow of all water courses, 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 City Engineer may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mulch, 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.