Chapter 12.10


12.10.010    Chapter not applicable to work done by city.

12.10.020    Permit – Required.

12.10.030    Same – Filing, contents and effect of application.

12.10.040    Same – Applicant’s deposit.

12.10.050    Institution and prosecution of work and notice of completion thereof.

12.10.060    Protective barriers and lights – Responsibility for damages.

12.10.070    Replacing surface.

12.10.010 Chapter not applicable to work done by city.

The provisions of this chapter shall not apply to work done by city forces under the supervision of the city manager. (Code 1964, § 25-28; Code 1985, § 26-27).

12.10.020 Permit – Required.

No person shall take up or remove any portion of the surface of a sidewalk or street or excavate in any street of the city, without a permit from the city manager. (Code 1964, § 25-21; Code 1985, § 26-28).

12.10.030 Same – Filing, contents and effect of application.

(1) Any person desiring a permit required by SCC 12.10.020 shall file an application therefor with the city manager. Such application shall contain such information as may be required by the city manager.

(2) Every person who files an application under this section shall be deemed to have assented thereby to all of the provisions and terms of this chapter, including the right of the city to collect the actual cost of refilling the excavation and replacing the pavement, sidewalk or street surface in the manner required by this chapter. (Code 1964, §§ 25-22, 25-23; Code 1985, § 26-29).

12.10.040 Same – Applicant’s deposit.

As a prerequisite to the issuance of a permit required by SCC 12.10.020, the city manager may require a deposit sufficient to pay the cost of repairing and resurfacing the street or sidewalk to be disturbed, the amount of such deposit to be determined by the city manager. (Code 1964, § 25-24; Code 1985, § 26-30).

12.10.050 Institution and prosecution of work and notice of completion thereof.

It shall be the duty of every person to whom a permit required by this chapter is granted to institute at once and prosecute without delay the work for which such permit was obtained and promptly, on its completion, notify the city manager. (Code 1964, § 25-25; Code 1985, § 26-31).

12.10.060 Protective barriers and lights – Responsibility for damages.

Any person granted a permit required by this chapter shall place guards or barriers around the excavation in question and shall protect it by warning lights at night and shall be responsible for damages to persons or property caused by such excavation until taken in charge by the city manager. (Code 1964, § 25-27; Code 1985, § 26-32).

12.10.070 Replacing surface.

The repair of all cuts and excavations made in any street, sidewalk, or alley in the city by a permittee hereunder shall be done in the following manner:

All excavations and street openings shall be backfilled to full depth with 21-A stone or nonshrink concrete slurry (flowable fill, 50-100 psi). When backfilling with 21-A stone, compaction shall be by mechanical means, in lifts of not more than six inches. Any patch in a street classified as arterial, or streets in areas zoned business or industrial shall include two and one-half inches of base-mix bituminous concrete and two inches of surface-mix bituminous concrete. Any patch in a street classified as residential shall include two inches of surface-mix bituminous concrete. All repairs shall be neatly saw cut. All materials used in backfilling and repairing excavations shall be of a VDOT-approved design. The director of public works may specify flowable fill for excavations depending on the size of the excavation. Crushed limestone dust may be used to cushion and protect natural gas lines.

At the discretion of the director of public works, any excavation perpendicular to and crossing a lane of traffic shall be backfilled with concrete slurry. These repairs shall be properly plated so that the road may be open to traffic until the repair is complete.

All sidewalk and curb and gutter repairs shall have full sections replaced. All concrete shall be repaired with 3,500 psi concrete placed and cured in accordance with VDOT standards. The street superintendent must be contacted for inspection of forms prior to pouring any concrete.

In the event a person making a cut or excavation fails to accomplish the repair of such, the department of public works shall make necessary repairs. The person making such cut or excavation shall then pay charges for repairs based on standard city labor rates plus overhead.

The permittee shall not leave any paving materials, stone, earth, or other materials removed from street cuts, openings, or excavations on any city street or city public property. All streets, sidewalks, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the director of public works.

All excavations and/or street/sidewalk openings shall be restored to original conditions within 10 working days from the completion of said work. Any excavation required to be opened for longer than 10 days shall be approved by the director of public works. Any excavation in a through lane of moving traffic – other than described in this section – must be temporarily patched with a cold bituminous concrete mix until the proper finish mix can be applied.

All such work performed by a permittee hereunder shall have a warranty period of one year. At any such time during the period of warranty the repair fails or begins to exhibit signs of failure, the repair will be re-accomplished. The director of public works may direct the permittee to re-accomplish any repair not meeting the above-mentioned standards.

If the repairs and replacements required herein are not made within the time specified, the city, after written notice to the permittee, may cause such repair to be made; and the cost thereof shall be the responsibility of the permittee.

The permittee, before starting any cut or excavation hereunder, shall sign a statement that he has read this chapter, understands it, and agrees to abide by its terms. (Code 1964, § 25-26; Code 1985, § 26-33; Ord. 11-11-99).