Chapter 12.35
EXCAVATIONS
Sections:
12.35.020 Warning devices, barricades and lateral support.
12.35.030 Permit required for excavation and fills near improved public places.
12.35.040 Additional permit required for work within public places.
12.35.070 Indemnification of borough.
12.35.080 Consent to inspections.
12.35.090 Hazardous excavations.
12.35.100 Submission of plans – Design specifications – Soil investigations.
12.35.110 Compliance with approved plans.
12.35.120 Revocation or suspension of permit.
12.35.130 Correction of hazardous conditions.
12.35.140 Collection of charges.
12.35.170 Notification of utility company to provide aid in location of underground facilities.
12.35.180 Protection of underground facilities and other utility installations.
12.35.200 Trimming of cut pavement.
12.35.210 Restoration of surface and improvements.
12.35.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Excavation” and “dirt moving” mean the removal, carrying away, backfilling, bulldozing, digging out, leveling, clearing or moving of earth or soil by manual or mechanical means. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.010.]
12.35.020 Warning devices, barricades and lateral support.
It is unlawful to leave any excavation or fill within four (4) feet of any public place without adequate barricades and warning devices to protect the public, or to fail to maintain the lateral support of any public place or of a fill adjacent to such public place. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.020.]
12.35.030 Permit required for excavation and fills near improved public places.
It is unlawful to excavate or fill in excess of four (4) feet, measured vertically, on private property within any area between the vertical prolongation of the margin of an improved public place, and a one hundred (100) percent slope line (forty-five (45) degrees from a horizontal line) from the adjoining edge of the road prism to the proposed elevation of the private property, without first obtaining a permit from the director of public works to do so, and no work shall commence toward such excavation or fill until a permit therefor has been issued. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.030.]
12.35.040 Additional permit required for work within public places.
Any person who receives a zoning permit from the department of planning and community development to construct, install, repair or remove any structure shall obtain a permit and make the required deposit as provided in this chapter, irrespective of any permit obtained as provided in KGBC 12.35.030, if during the progress of the work it is necessary to excavate within any street, alley, sidewalk or other public place. However, the necessary deposits may be combined as provided in KGBC 12.20.070. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.040.]
12.35.050 Security.
(a) An applicant for the permit provided for in KGBC 12.35.030 shall comply with the indemnity and insurance requirements of KGBC 12.35.060, and in addition, if the work is expected to cost more than five thousand dollars ($5,000), shall post or cause the owner or contractor to post security in the form of surety bond or insurance with the borough in an amount sufficient to cover the following:
(1) All charges and payments due under Chapters 12.20 through 12.45 KGBC; and
(2) When it can be anticipated that an earth movement might occur, the reasonable costs of the following:
a. The cost of repair and restoration of any adjacent public place, including but not limited to grading, resurfacing and drainage;
b. The cost of repair and restoration of all sewers, water and power lines and other utilities in the adjacent public place; and
c. The expense of safety precautions and emergency measures to protect the public, street utilities and any adjacent public place, including but not limited to the expense of placing of signs, barricades and traffic detours.
Upon notice to the applicant, the director of public works may at any time increase or reduce the amount of the required security or waive the security as conditions warrant.
(b) The party posting the security may elect whether the security will be in the form of a cash indemnity deposit or surety bond approved as to amount and sufficiency by the director of public works, and, as to the estimates of subsection (a)(2) of this section, substitute in lieu therefor a policy of insurance indemnifying the borough for such costs. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.050.]
12.35.060 Insurance.
An applicant for the permit provided for in KGBC 12.35.030 shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to the excavation or fill covered by any such permit or the operation of equipment used in connection with such excavation or fill, and naming the borough as an additional insured, or, in lieu thereof, cause the owner or contractor to maintain the insurance. The director of public works may require that such insurance be provided prior to issuance of the permit. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.060.]
12.35.070 Indemnification of borough.
An applicant for the permit provided for KGBC 12.35.030 shall agree at all times to protect and save harmless the borough from all claims, actions, suits, losses and expenses of every kind and description which may accrue to or be suffered by any person or property or by the borough by reason of any excavation or fill for which a permit has been issued pursuant to KGBC 12.35.030, and shall agree to compensate the borough for damages to the street and the utilities therein, and for costs of repair, reconstruction and restoration of the street, including but not limited to the expenses of such repair, reconstruction or restoration, construction of temporary facilities and bypasses, traffic redirection, barricades and other measures taken to protect the public, the street and utilities therein. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.070.]
12.35.080 Consent to inspections.
The filing of an application for a permit provided for in KGBC 12.35.030 or the making of an excavation or fill described in KGBC 12.35.030 shall constitute consent by the applicant, contractor and property owner for the director of public works to enter upon the property at reasonable times and to inspect and investigate the soil conditions, the progress of the excavation or fill, or any facts and circumstances related to the application, permit, excavation or fill. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.080.]
12.35.090 Hazardous excavations.
(a) If the safety or stability of a public place may be jeopardized by an excavation or fill described in KGBC 12.35.030, the director of public works may require special plans, specifications and proposed methods of construction to be submitted for his approval prior to issuing the permit provided for in KGBC 12.35.030.
(b) Approval of the plans shall not relieve the contractor making such excavation or fill of responsibility for satisfactory results and shall not reduce or affect the liability of the contractor for damages, expenses or costs which may result from the excavation or fill, the failure of shoring, or the contractor’s methods of operation. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.090.]
12.35.100 Submission of plans – Design specifications – Soil investigations.
The following procedures and criteria shall be used in processing an application for the permit provided for in KGBC 12.35.030:
(a) Plans, specifications and methods of construction required by the director of public works shall be submitted in duplicate.
(b) Where required, shoring plans submitted shall be designed by and bear the seal of a professional engineer or architect licensed in the state.
(c) All shoring systems, including the members, their connections and support, shall be designed to carry the loads imposed on them, and details shall be shown on the plans.
(d) Allowable stresses, including allowances for short-term loading, for timber, steel or concrete shall be based on the most recent building code adopted by the city of Ketchikan.
(e) Soil investigations and reports may be required for all excavations described in KGBC 12.35.030 so that appropriate pressures may be established. The director of public works may require investigations at any depth whenever specific conditions existing at the site of such excavation reveal an unstable soil structure, circumstances indicate that the excavation may impair the lateral support of any public place or any adjacent borough property, or circumstances indicate that such further investigation will supply information necessary to properly evaluate the application for the permit or shoring plans submitted. When highway traffic can come within a horizontal distance from the top of the shoring equal to one-half (1/2) of its height, the pressure shall have added to it a live load surcharge pressure equal to not less than two (2) feet of earth. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.100.]
12.35.110 Compliance with approved plans.
All excavations and fills described in KGBC 12.35.030 shall be made in accordance with the plans approved by the director of public works, or as modified with his approval. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.110.]
12.35.120 Revocation or suspension of permit.
The director of public works may revoke or suspend the permit provided for in KGBC 12.35.030 whenever:
(a) The permittee requests such revocation or suspension.
(b) The work does not proceed in accordance with the plans as approved, or is not in compliance with the requirements of this chapter, the city of Ketchikan building code or other borough ordinances and the State Safety Code as applicable.
(c) Entry upon the property for the purposes of investigation and inspection has been denied.
(d) The permittee has made a misrepresentation of a material fact in applying for the permit.
(e) The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, the street, or utilities in the street; or the excavation or fill endangers or will endanger the public, the adjoining property, the street, or utilities in the street.
(f) The permit has not been acted upon within sixty (60) days or the time allowed by extensions.
Upon suspension or revocation of the permit, all work thereupon shall cease, except as authorized or directed by the director of public works. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.120.]
12.35.130 Correction of hazardous conditions.
(a) Whenever an excavation or fill described in KGBC 12.35.030 has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or borough property, the director of public works may direct the contractor making such excavation or fill or owner of the property upon which such excavation or fill is being made, at his own expense, to take action to protect the public, adjacent public places, borough property and street utilities, including compliance within a prescribed time.
(b) If the owner or contractor fails or refuses to take the action directed promptly, or fails to fully comply with such directions given by the director of public works, or if emergency conditions exist requiring immediate action, the director of public works may enter upon the property and take such action as he deems necessary to protect the public, the adjacent streets or street utilities or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other action reasonably necessary to decrease the possibility or extent of earth movement, or regarded as necessary safety precautions; and the owner or contractor shall be liable to the borough for the costs thereof. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.130.]
12.35.140 Collection of charges.
(a) The holder of the permit provided for in KGBC 12.35.030, the contractor making the excavation or fill described in KGBC 12.35.030, or the owner of the property upon which such excavation of fill is being made shall pay all charges assessed pursuant to this chapter on or before thirty (30) days after mailing of a statement of charges by the borough. In the event of an appeal pursuant to KGBC 12.35.150 and 12.35.160, the borough assembly may extend the time for payment pending its determination and for a reasonable time thereafter.
(b) Such charges shall be the joint and several obligation of the permit holder, contractor and owner, and, if such charges remain unpaid thirty (30) days after the date due, recovery thereof may be made from the cash deposit or upon the security provided pursuant to KGBC 12.35.050, or by civil action in the manner provided by law. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.140.]
12.35.150 Appeals generally.
(a) An applicant for the permit provided for in KGBC 12.35.030, considering themselves aggrieved by any of the following actions, charges or determinations of the director of public works, may within ten (10) days thereof appeal the charge or determination to the borough manager by filing a written notice of appeal with the borough manager:
(1) The denial of a permit to excavate or fill required by KGBC 12.35.030.
(2) The amount or sufficiency of the security to be posted pursuant to KGBC 12.35.050.
(3) The amount and coverage of the insurance to be supplied pursuant to KGBC 12.35.060.
(4) Request for soil investigations made pursuant to KGBC 12.35.100.
(5) Actions imposing conditions modifying or rejecting any special plans, specifications, shoring plans and proposed methods of construction required by KGBC 12.35.090 or 12.35.100.
No appeal may be made from such actions or determinations after the applicant has accepted the permit to excavate or fill. Unless otherwise directed by the borough manager, no such permit to excavate or fill shall be issued until after final determination of any such appeal.
(b) A holder of the permit provided for in KGBC 12.35.030, considering themselves aggrieved by any of the following actions, charges or determinations of the director of public works, may within ten (10) days thereof appeal the charge or determination to the borough manager by filing a written notice of appeal with the assembly:
(1) A directive by the director of public works to increase the security required pursuant to KGBC 12.35.050.
(2) The amount of charges for actions taken pursuant to KGBC 12.35.130 or 12.35.180 to protect the public.
(3) Suspension or revocation of the permit pursuant to KGBC 12.35.120.
(c) Any such permit holder considering themselves aggrieved by any action, directive or determination of the director of public works made or taken pursuant to KGBC 12.35.130, other than the amount of charges made thereunder, may appeal from the action, directive or determination to the borough manager by filing a written notice of appeal with the borough manager within three (3) days (exclusive of Saturday, Sunday and holidays) from the date the direction or determination was first made, or the action first taken; provided, that such permit holder shall fully comply with the director of public works’ direction or determination pending the decision of the borough manager, and no compensation shall be paid or allowed such permit holder for any expenses incurred in connection with compliance. The borough manager may sustain, modify or reverse any such action, charge or determination of the director of public works and his decision shall be final. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.150.]
12.35.160 Notice of appeal.
The written notice of appeal required in KGBC 12.35.150 shall be filed in triplicate, describe precisely the action or determination appealed, explain the error alleged therein, and propose the action desired by the borough manager. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.160.]
12.35.170 Notification of utility company to provide aid in location of underground facilities.
Whenever any utility is to be exposed and the exact location and depth are unknown, the utility company shall be notified and excavation shall not be commenced until a representative of the utility company is present to aid in locating the utility. It shall be the duty of the utility company under this section to have a representative at the location where the work is being done within seventy-two (72) hours of notice to it by the contractor. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.170.]
12.35.180 Protection of underground facilities and other utility installations.
(a) Every effort will be made to apprise a permittee under this chapter of underground facilities within the permitted area; such information, however, is provided for convenience only, and the borough will assume no responsibility for failure to provide complete data. The permittee shall take adequate and proper measures to inform himself or herself as to the existence and location of any and all underground utilities apt to be encountered during his operation, and shall protect the utilities against damage.
(b) If any pipes, conduits, poles, wires or other apparatus are damaged, the permittee immediately shall notify the director of public works and the utility company involved. The damage shall be repaired by the authorities having control of such apparatus at the permittee’s expense, unless an incorrect utility location is given to the permittee by the utility company involved. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.180.]
12.35.190 Backfilling.
All trenches and excavations within public places shall be backfilled in accordance with standard construction specifications and details of the borough as established in accordance with KGBC 12.35.010. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.190.]
12.35.200 Trimming of cut pavement.
(a) Where excavations or trenches are made in exposed concrete surfaces (concrete driveways, sidewalks and pavement), a power-driven concrete saw shall be used to cut deep enough to permit complete breakage of the concrete without ragged edges.
(b) The edge of all pavements shall be properly trimmed and squared, and all loose material shall be removed before pavement is placed. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.200.]
12.35.210 Restoration of surface and improvements.
(a) Pavement shall be replaced with standard type pavement as indicated on the permit or as shown on the plans. Curbs, gutters, sidewalks, sewers, drains, structures, street signs and all other improvements damaged, disturbed or removed during the progress of the work shall be restored or replaced in as good condition as existed prior to commencement of work in accordance with the standard construction specifications and standard details of the borough and to the satisfaction of the director of public works.
(b) Concrete surfaces and pavements disfigured or damaged shall be replaced and repaired so that they will have a smooth and uniform appearance. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.30.210.]