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96.10 Excavations
96.10 EXCAVATIONS
 
(a)        Permit Period
 
No person shall dig or make an excavation of any kind in any public street, alley, or sidewalk of the City, without first obtaining a written permit from the City Controller or his designee to do so. For purposes of this chapter an applicant shall obtain one permit for each city block in which work is to be performed; however, the applicant may obtain one permit for a planned construction project as long as the plans and specifications for that planned construction project are included with the initial permit application and are clearly identified as a single construction project, and such application for a single construction project permit is made at least seven (7) days prior to start of construction. (Ord. 36-1986)
 
(b)       Application for permit
 
Applicant for the permit shall execute, in triplicate, a written application to be furnished by the office of the City Engineer. The application shall contain the following information;  
 
(1)        The date when the proposed excavation is to be made and the estimated time for completion of the work necessitating the excavation
 
(2)        The location of the area where the excavation is to be made and the purpose
 
(3)        The approximate dimensions of the excavation
 
(c)        Agreement of applicant
 
(1)        By his application the applicant agrees to the following specifications to fill, close, seal, and resurface the excavation                        
 
(A)        To backfill opening of street, alley, or sidewalk with clean gravel or stone, and to tamp in top of that part of the trench which is in the traveled street or alley and to maintain the street or alley surface which has been disturbed in a smooth and uniform condition for a period of 52 weeks after traffic is again permitted to pass over the filled trench, unless otherwise specially provided. (Ord. 58-1991)   
(B)        If permanent paving materials are readily available, to resurface all openings within 20 days of refill. If permanent materials are not available, temporarily seal all openings within 3 days after work is completed, and when paving materials are readily available, to resurface permanently within 30 days.           
 
(C)        To stop the work at any time on request of the City Engineer.
 
(D)       To resurface with the same kind of material removed by cutting.    
 
(E)       To haul from the project all unused material used in the refill.        
 
(F)       To notify the City Engineer of the date of cutting and refill for proper inspection. All work must be approved by the City Engineer when completed.
 
(2)        The applicant further agrees that in the event the excavation is not properly filled, closed, and sealed or resurfaced pursuant to the established standards and regulations of the City Engineer and after due notice from the City Engineer of the defects or omissions, the applicant shall immediately proceed to correct the defects and omissions in the closing of the excavation.
 
(3)        In the event that street excavations are not properly filled, closed and sealed in accordance with Section 96.10 (c)(1), the City Engineer shall proceed to properly close and resurface the excavation, and shall bill the applicant for the cost of labor and material required to properly close and resurface the excavation. The applicant shall agree to reimburse the city for costs so incurred. (Ord. 58-1991)
 
(4)        The applicant agrees to erect and maintain, as safeguards and warnings to the public, proper and adequate guards and sufficient and adequate red lights about the work and excavation until the project is complete and the surface is properly restored.     
 
(5)        In consideration of the grant of a permit for a street cut or excavation, the applicant agrees to indemnify, defend and hold harmless the City of Richmond, Indiana, its officials and employees from any liability due to damage or injuries to the person or property of anyone on or off the right of way arising out of or resulting from the issuance of this permit or the work connected therewith caused by or resulting from the negligence of Applicant, its agents, employees, or subcontractors engaged in the performance of the work or the joint negligence of any of them. The Applicant also agrees to pay all reasonable expenses and attorney fees incurred by or imposed on the City arising out of a lawsuit filed against the City for damages, provided a court of competent jurisdiction makes a determination that the Applicant, its agent, employees or subcontractors has been guilty of negligence in pursuance of the work resulting from the issuance of a permit for a street cut or excavation, which negligence caused damage to the prevailing, aggrieved, party, provided the City was not guilty of independent or concurring negligence. (Ord. 36-1986)     
 
(6)        The applicant agrees to make the excavation within a period of 30 days after issuance of the permit.
 
(d)        Conditions of permit; Fee           
 
(1)        Before the granting of a permit to any person the City Controller shall
 
(A)        Require the applicant to file with the Controller an insurance policy, or a certificate showing insurance to be in effect, issued by a responsible insurance carrier to protect the applicant and the city from personal and property damage arising from or caused or affected to any extent by any excavation made pursuant to the permit
 
(B)       Check the records of the city to ascertain whether the applicant has ever failed to reimburse the city for any work or materials furnished by the city in the filling and resurfacing of any excavation made by the applicant on a previous permit. In the event that the city records disclose any unpaid account owed by the applicant the permit shall not be granted until payment is made in full.
 
(C)       Require the payment of a $25 permit fee. (Ord. 5-1992)
           
            (2)        Thereafter the City Controller shall issue a permit to the applicant and the permit shall contain the name of the applicant, the date of issuance of the permit, the place where the excavation is to be made, and the approximate dimensions thereof. The permit shall be authority to break the street, alley, or sidewalk specified therein.
 
(e)       Emergencies
 
In the event of an emergency requiring the immediate excavation of a street, alley, or sidewalk, any person may proceed to open or make the excavation necessary to alleviate the condition causing the emergency without first applying for and being granted a permit. However, within 48 hours after making the excavation, the person shall make application for a permit as set forth above.
 
(f)        Issuance of permit
 
On the issuance of a permit the City Controller shall mark each copy of the application “Approved and Permit Issued” to which he shall also note the date of issuance and his signature. The original shall be retained by the City Controller, a copy shall be delivered to the City Engineer, and a copy shall be issued to the applicant.
 
(g)        Inspection
 
The City Engineer shall inspect each project for which a permit has been issued to determine whether proper safeguards and lights may have been installed, to see that the excavation is properly closed and resurfaced, and to give notice and properly close and resurface the opening or excavation in the event that the restoration is not completed within a reasonable time or is inadequately or improperly completed by the permittee. On final inspection the City Engineer shall note on his copy of the application the completion of the project. He shall further note any moneys expended by the city on behalf of the permittee in completing the project and shall then return his copy to the City Controller.
 
(h)        Excavation and Backfill
 
The applicant shall excavate and backfill any cut in a street, sidewalk, or alley in conformance with City standards on file in the office of the City Engineer. All utility work shall also meet the requirements of the respective regulatory commissions. (Ord. 38-1997)
 
(i)         Excavation in Improved Streets, Sidewalks, or Alleys 
 
No applicant shall excavate in an improved street, sidewalk, or alley within one year after the improvement, except for emergencies as approved by the City Engineer. (Ord. 38-1997)
 
(j)        Penalty
 
Any person violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. (‘72 Code, 4.13) (Ord. 1663-1958; Ord. 1862-1961) (Ord. 58-1991) (Ord. 38-1997)
 
(k)        No permit shall be necessary for any curb and sidewalk repair or construction performed pursuant to Section 96.35. (Ord. 36-1997)


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