Chapter 12.05
EXCAVATIONS Revised 9/22
Sections:
12.05.010 Authority. Revised 9/22
12.05.020 Permit required – Specifications. Revised 9/22
12.05.060 Commencement and completion.
12.05.070 Barricades and lights.
12.05.080 Width and minimum of inconvenience to public.
12.05.010 Authority. Revised 9/22
All work on any excavation, cut, trench or opening in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public place shall be done only on authority of a permit issued by the town public works director. [Ord. 968 § 1, 2022; amended during 2011 recodification; Ord. 233 § 1, 1973. Code 1999 § 14-1-1].
12.05.020 Permit required – Specifications. Revised 9/22
It shall be unlawful for any person, other than those under contract with the town, to excavate, cut open or trench in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public place without having first obtained a permit from the town public works director. The permit shall contain rules and regulations which shall be fully complied with by the applicant. The permit shall be substantially similar to the one included in GMC 12.05.120, and may be changed from time to time in order to accomplish the objectives of this chapter. No permit shall be issued nor any work begun after October 15th nor before May 1st of each year. Notwithstanding the foregoing, where the town manager finds an emergency exists that endangers the immediate health, safety, and welfare of the public and which could be remediated by issuance of a permit, the town manager may issue a permit for work to occur between October 15th and May 1st. [Ord. 968 § 2, 2022; amended during 2011 recodification; Ord. 501 § 1, 2000. Code 1999 § 14-1-2].
12.05.030 Application.
Every person desiring to do any of the said excavation work shall apply to the town clerk for a permit therefor, by filing an application stating the applicant’s name, the location, length, width and purpose of the proposed excavation, the dates of commencement and completion of the work, and a statement that the work will be performed in strict compliance with the plans, specifications, and procedures as found on the permit. All applications for permits must be received by the town clerk no later than September 15th. [Ord. 501 § 2, 2000; Ord. 233 § 3, 1973. Code 1999 § 14-1-3].
12.05.040 Permit fee.
A fee of $25.00 shall be paid to the town prior to the issuance of excavation permits for paved or unpaved streets. See current fee schedule. [Amended during 2011 recodification; Ord. 501 § 3, 2000. Code 1999 § 14-1-4].
12.05.050 Bond required.
Every person applying for an excavation permit and prior to the issuance thereof shall file with the town clerk a surety bond, letter of credit, cashier’s check or other security instrument acceptable to the town, in its sole discretion, in the amount of $3,000 and conditioned upon (a) the faithful performance of such work in strict compliance with this code and other specifications, rules, regulations and ordinances of the town and within the specified time limit; (b) successful completion of a two-year warranty period or extensions thereof during which time the work performed in connection with the permit shall survive free of defects, and (c) such person will indemnify and save harmless the town against any and all damages or claims for damages, losses, costs, charges or expenses that may be brought against the town by any person by reason of such work. The bond or other security shall be discharged or released upon completion of the work, review and approval of said work by someone appointed by the town board, a sworn statement by the applicant that he has done the work in strict compliance with this code and other specifications, rules and regulations and ordinances of the town of Granby, and successful completion of the two-year warranty period or any extension thereof. In the event that upon inspection by the town the work is not approved or if at any time during the warranty period a defect in the work is discovered or becomes evident, then the two-year warranty shall be extended until a date two years after the date such work is repaired or corrected to the satisfaction of the town engineer. [Amended during 2011 recodification; Ord. 501 § 4, 2000. Code 1999 § 14-1-5].
12.05.060 Commencement and completion.
All work authorized by a permit issued pursuant to this chapter shall be commenced within a reasonable time after issuance of the permit and shall be diligently and continuously performed until completion. In the event that weather, process of law, or any other unexpected obstacles to the work cause it to be stopped for so long a time that public travel shall be unreasonably obstructed, the town’s authorized agent may order the excavation refilled and repaved as if the work contemplated in the permit was actually completed. [Code 1999 § 14-1-6].
12.05.070 Barricades and lights.
Every person making or causing to be made any excavation shall keep the excavation barricaded at all times, and, between the hours of sunset and sunrise, he shall keep such excavation properly lighted so as to warn all persons thereof. [Ord. 233 § 7, 1973. Code 1999 § 14-1-7].
12.05.080 Width and minimum of inconvenience to public.
No opening or excavation shall be undercut or have a greater width at the bottom than at the top. In no case shall more than one-half of the width of any street, alley or other public place be opened or excavated at any one time, and, in all cases, one-half of such street, alley or other public place shall remain untouched for the accommodation of traffic until the other one-half is restored for safe use. All such work shall be performed in such a way as to cause minimum inconvenience and restrictions to the public and to both pedestrian and vehicular traffic. [Ord. 233 § 8, 1973. Code 1999 § 14-1-8].
12.05.090 Sidewalks and gutters clear.
It shall be unlawful for any person to perform any excavation or to place any dirt or other materials upon any sidewalk or in any gutters and such work shall be performed so as to permit the free passage of water along the gutters. [Ord. 233 § 9, 1973. Code 1999 § 14-1-9].
12.05.100 Cutting pavement.
In any excavation work on or under any paved street, the pavement must be cut with an asphalt spade. The use of a backhoe in cutting the pavement is expressly prohibited. The width of all cuts in the pavement shall be sufficient so that all excavation in or under any paved street can be accomplished without disturbing or lifting the surrounding pavement. [Code 1999 § 14-1-10].
12.05.110 Penalty.
Any person who violates this chapter shall be subject to forfeiture of his bond or other security and a fine not exceeding the maximum penalty set forth in GMC 1.05.090. [Ord. 822 § 2, 2014; Ord. 808 § 1, 2014. Code 1999 § 14-1-11].
12.05.120 Permit form.
The permit required by this chapter shall be substantially similar to the following:
PERMIT NO. _______ TOWN OF GRANBY
PERMIT FOR EXCAVATION, CUT, TRENCH, OR OPENING IN OR UNDER ANY STREET, SIDEWALK, CURB, GUTTER, CURBWALK, ALLEY, OR OTHER PUBLIC PLACE.
ALL APPLICATIONS FOR PERMITS MUST BE FILED WITH THE TOWN TREASURER NO LATER THAN SEPTEMBER 15TH. NO STREET EXCAVATION OF ANY KIND WILL BE DONE PRIOR TO MAY 1ST OR AFTER OCTOBER 15TH UNLESS DEEMED AN EMERGENCY BY THE TOWN OF GRANBY. THIS PERMIT WILL EXPIRE THREE (3) MONTHS FROM THE DATE OF ISSUE OR OCTOBER 15TH OF THE YEAR IN WHICH IT IS ISSUED, WHICHEVER COMES FIRST.
PERMITTEE’S NAME______________________________________________________________
PERMITTEE’S ADDRESS__________________________________________________________
DATE EXCAVATION TO BEGIN______________________________________________________
APPROXIMATE DATE OF COMPLETION_______
LOCATION (property address, number of feet from nearest intersection, etc. in street or sidewalk, etc.), LENGTH AND WIDTH (SQ. FOOTAGE OF EXCAVATION): __________________
PURPOSE OF EXCAVATION (electrical or phone line, sewer connection, gas line, etc.): ______________________________________________________________________________________________________________________________________________________________
This Permit is granted subject to the following conditions and restrictions:
1. A fee of Twenty Five Dollars ($25.00) has been paid to the Town prior to the issuance of Excavation Permit for paved or unpaved streets, sidewalks, etc.
2. Permittee has posted a Three Thousand Dollar ($3,000.00) Surety Bond, Letter of Credit, or some other form of security acceptable to the Town, payable to the Town of Granby, which shall be forfeited if the work is not undertaken and completed under the terms of Chapter 12.05 GMC or the terms and conditions of this Permit. BOND MUST REFERENCE EXCAVATION PERMIT NUMBER.
3. Permittee shall complete the work in a reasonable amount of time, or an authorized agent of the Town of Granby may order the excavation refilled and repaired as if the work contemplated had never been done, and the Bond, Letter of Credit or other security shall be forfeited. Any additional costs incurred by the Town over and above the amount of the Bond or Letter of Credit or other security will be assessed to the excavator and/or owner of the property for which the Permit was issued.
4. Any excavation, cut, trench or opening in or under any paved street shall be repaired with asphalt substantially similar to that used in the original pavement of the street. The asphalt and dirt shall have a compaction of ninety percent (90%), tested and approved by a certified person at Permittee’s expense. A copy of the testing results must be provided to the Town of Granby.
5. In any excavation work on or under any paved street, the pavement must be cut with an asphalt spade or cutting wheels. The use of a backhoe in cutting the pavement is expressly prohibited. The width of all cuts in the pavement shall be sufficient so that all excavation in or under any paved street can be accomplished without disturbing or lifting the surrounding pavement.
6. No opening or excavation shall be undercut or have a greater width at the bottom than at the top. In no case shall more than one-half of the width of any street, alley or other public place be opened or excavated at any one time, and, in all cases, one-half of such street, alley or other public place shall remain untouched for the accommodation of traffic until the other one-half is restored for safe use. All such work shall be performed in such a way as to cause minimum inconvenience and restrictions to the public and to both pedestrian and vehicular traffic. All ditches must be dug pursuant to OSHA requirements.
7. While the excavation and related work is in progress, the Town or its authorized representative shall be entitled to, but not obligated to, inspect the work and the surrounding area and the Permittee shall cooperate fully with such inspection.
8. UPON COMPLETION OF THE WORK INVOLVED, THE PERMITTEE MUST NOTIFY THE TOWN OF GRANBY OF THE COMPLETION. Within ten (10) days of such notification a designated employee of the Town of Granby shall inspect the area covered by this Permit and ascertain whether or not the requirements of Chapter 12.05 GMC or the terms of this Permit shall have been fully complied with. Permittee will be notified by letter that the Town has inspected the excavation. Permittee will be required to extend the date of the Bond or other form of security to cover the two (2) year warranty period.
9. If the Permittee has fully complied with this Permit, and Chapter 12.05 GMC, his bond, Letter of Credit or other form of security shall be released at the end of the two year warranty period provided that the work survives the two year warranty period without defect. The refund must be requested, in writing, by the Contractor from the Town of Granby. The bond, Letter of Credit, or other form of security shall be forfeited if the work does not comply with Chapter 12.05 GMC or with the terms and conditions of this Permit. In the event that a defect in the work is discovered or becomes evident during the two (2) year warranty period, then the two (2) year warranty period shall be extended until a date two (2) years after the date such work is repaired or corrected to the satisfaction of the Town and the Bond, Letter of Credit or other form of security shall not be released until completion of the extended warranty period. If necessary the security shall be renewed or extended to cover the additional warranty period.
ISSUED BY: TERMS ACCEPTED:
_____________________________ ______________________________
Authorized Agent for Town of Granby Permittee
COMPLETION ACCEPTED:
________________________________________
Town of Granby Street Supervisor Date
Permittee will be notified by letter that the Town has inspected the excavation. Permittee will be required to extend the date of the bond or other security to cover the two (2) year warranty period.
Two year warranty period begins on the ____ day of ____________, _____ and ends on the_____ day of ___________, ____. Inspection will be done within ten (10) days prior to expiration of warranty period.
[Amended during 2011 recodification; Ord. 501 § 5, 2000. Code 1999 § 14-1-12].
12.05.130 Permit exceptions.
No permit is required from the town to excavate, cut, open or trench in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public place that the town is not obligated to maintain. Where a person desires to excavate, cut, open or trench in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public place that the town is not obligated to maintain, the person shall follow the rules, regulations, and permit requirements of the entity or entities responsible for maintaining such street, sidewalk, curb, gutter, curbwalk, alley or other public place. [Ord. 925 § 1, 2019].