Rawlins Municipal Code
Title 12
Chapters:
Chapter 12.04
Sections:
Section 12.04.010 Dangerous
obstructions prohibited.
Any person who leaves or keeps open any cellar
door, pit
or vault, or other subterranean
opening on any highway or sidewalk, or suffers the same to be left or kept open or to be in an
insecure condition so that passersby fall into or will be in danger of falling into the cellar, pit,
vault or other subterranean opening, shall be deemed guilty of a misdemeanor. (Prior code
§ 25-14)
Any person who suffers any sidewalk in front of
the premises
owned or occupied by him to
become or to continue so broken as to endanger life or limb shall, on conviction, be deemed
guilty of a misdemeanor. (Prior code § 25-15)
The mayor and city council may, upon notice as
required by
law, let to the lowest responsible
bidder, for any period not exceeding one year, a contract for the construction of all cement or
concrete sidewalks, which the city council may order to be constructed in pursuance to the
provisions of this chapter, during the term of the contract. (Prior code § 15-21)
Before any contract is let for the construction of
any or
all cement or concrete sidewalks,
which the city council may order to be constructed in accordance with the terms of this chapter, a
notice shall be published for at least three weeks in a newspaper printed and published in the city
specifying the place where and the date and hour when bids will be received and publicly opened
and describing the work to be done and the material to be furnished. All bids submitted for the
contract shall be under the seal. (Prior code § 25-22)
All contracts for the construction of concrete
sidewalks
shall be let to the lowest responsible
bidder. The successful bidder shall be required to give the city a bond for the performance of his
contract in a penal sum equal to the amount of the construction work which it is estimated will be
awarded to him and ordered to be done. In the event that at any time during the period of the
contract it appears that the amount of the construction work awarded to the contractor shall
exceed the amount of his bond, then and in that event the city council may require the contractor
to furnish an additional bond in favor of the city. (Prior code § 25-23)
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Whenever a majority of the city council decides
by vote that
any sidewalk improvements are
necessary, they shall immediately order the sidewalk or sidewalks to be constructed,
reconstructed or repaired within the limitations and in the manner provided in this chapter. (Prior
code § 25-24)
Upon the city council ordering the reconstruction,
repair or construction of any cement or concrete sidewalks, the city clerk shall immediately give notice
thereof, in writing, served personally on the owner or owners or agents of the abutting property, or by
publication once a week for a period of four weeks in one of the local newspapers of general
circulation, published once a week or oftener in the city, fully describing therein the termini, course,
width and character of the walk ordered, and allowed a period of thirty days during which abutting
property owners so desiring may construct the walk and improvements abutting their property, and
further providing that all such sidewalks so ordered remaining unbuilt at the expiration of the thirty days
from the date or dates of service, or of the first publication of the notice or notices shall be constructed
by the city contractor for the construction of cement or concrete sidewalks. (Prior code §
25-25)
(Ord. 11-2007, Amended, 11/06/2007)
At the expiration of thirty days from the date or
dates of service, or of the first publication of the notice or notices aforesaid, in the event that there is not
on file in the office of the city clerk a copy of a bona fide contract or contracts between abutting
property owners and a responsible concrete contractor providing for the construction of the sidewalk
improvement abutting his or their property during the building season of the year, in which the
improvements as required to be made, the director of public works shall notify the city cement or
concrete sidewalk contractor to build such portions of the sidewalk ordered that may not yet be built or
contracted for as provided in this chapter, and that the contractor shall within sixty days from the date
of the notification by the director of public works or the street commissioner construct the sidewalk in
accordance with the terms of this chapter, and the plans and specifications, as prepared by the city
engineer, and further in accordance with his contract with the city at the time of the construction. (Prior
code § 25-26)
(Ord. 11-2007, Amended, 11/06/207)
The construction, reconstruction and repair of
all the sidewalks,
crossings, curbs and gutters
performed under and by virtue of the provisions of this chapter shall conform to the plans and
specifications provided for the work and materials by the city engineer. (Prior code §
25-27)
All sidewalks shall conform to the established
grade upon
which they are constructed, which
grade shall be in all cases shown or designated by the city engineer, and whenever any sidewalk
is not laid to the grade of the city, the city council may direct the sidewalk to be rebuilt to
conform to the grade, and the same proceedings shall govern the rebuilding of any such
sidewalks as is provided in this chapter for the construction of sidewalks, and shall be enforced
accordingly. (Prior code § 25-28)
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In all cases where the sidewalks have been
constructed, reconstructed
or repaired by the owner
of abutting property, and the work has been done by the city, the total costs of all cement or
concrete sidewalks constructed by the city, cement or concrete sidewalk contractor in accordance
with the orders of the city council and in pursuance of the provisions of this chapter, which total
cost shall include that of the sidewalk proper, as well as that of any notice, curbing, guttering,
grading, hand railing, private crossing and all other necessary expenses shall be assessed by the
city council by motion, resolution or ordinance as a special assessment or assessments against the
property in front of which cement or concrete sidewalk is built or constructed. The property
occupying street corners shall be assessed for that part of the sidewalk thereon which is within
the street intersection. (Prior code § 25-29)
All the costs and expenses of building and
constructing any
and all cement or concrete
sidewalks constructed by the city cement or concrete sidewalk contractor in pursuance of the
provisions of this chapter shall be defrayed by special assessments, assessed as provided in this
chapter and payable in installments and extending over a period of four years, and the council,
for the installments, may issue special improvement warrants and levy assessments to pay them,
which assessments shall be collected as other city taxes. (Prior code § 25-30)
Upon all deferred payments there shall be
collected simple
interest at the rate of six percent
per year from the date when the city council issues special improvement warrants and when each
payment becomes due, interest on all deferred payments shall also become due. The city
treasurer shall, and he is authorized to, receive payment in full and give receipt therefor for the
entire special assessment of this character, on any property, with interest to the date of payment,
at any time it may be tendered by the owner or agent, and upon the receipt of any such entire
payment the city treasurer shall give due notice thereof in writing to the proper tax authority.
(Prior code § 25-31)
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Chapter 12.08
Sections:
Section 12.08.010 Request
authorized.
Any person who owns land which either abuts
or adjoins a
street, alley right-of-way, easement
or other way belonging to or dedicated for public use may request it be vacated according to law
by the city in the manner set out in this chapter. (Ord. 5-78 § 1 (part))
Any person desiring the vacation of any public
way as described
in Section 12.08.010 must
first submit a petition to the city engineer's office which contains the following
information:
A. The petitioner's
name and address;
B. The location of
his property in
relation to the area proposed to be vacated;
C. The names and
addresses of all
property owners who either adjoin or abut upon the area
proposed to be vacated;
D. A legal
description of the area
to be vacated;
E. The consent of
the majority of
the owners owning a majority of the property abutting on
the area proposed to be vacated and extending three hundred feet in either direction from the area
to be vacated;
F. Written
comments from the appropriate
utilities and other public entities affected by the
proposed vacation; and
G. A current
appraisal of the fair
market value of the properties to be vacated, by one
qualified to give the appraisal, to be used in arriving at the determination of the value to be paid
by the petitioner in consideration for the vacation of the properties. (Ord. 5-78 §
1(a))
Upon submission of the petition in the proper
form, the city
engineer shall forward the petition
to the planning commission, who shall review the petition and make written recommendations
thereon to the city council. (Ord. 5-78 § 1(b))
Any person submitting a request for the vacation
of a public
way shall accompany such
request with payment of the permit fee as established by ordinance of the City Council, as
provided in Title 4 of this code. (Ord. 4A-90) (Ord. No. 10A-94, Amended, 10/04/94)
The city council may review the petition and
recommendations
thereon and if after a finding
that the proposed vacation is appropriate, shall proceed to vacate it by ordinance, subject to any
reservations or restrictions it may deem necessary. (Ord. 5-78 § 1(c))
Upon passage of the ordinance, the mayor is
authorized to
convey the properties so vacated to
the abutting property owners accordingly by quitclaim deed. (Ord. 5-78 § 2)
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Chapter 12.12
Sections:
Section
12.12.010 Purpose.
A. The purpose of
this chapter is
to safeguard life, limb, property and public welfare by
establishing minimum requirements for regulating grading and drainage and procedures by which
these requirements may be enforced.
B. All grading shall
be performed
in accordance with the provisions of this chapter but shall
not be construed to prevent the enforcement of other laws which prescribe more restrictive
limitations nor shall the provisions of this chapter be presumed to waive any limitations imposed
by other statutes or ordinances. (Ord. 2D-79 § 1)
This chapter sets forth rules and regulations to
control
earthwork construction, including
excavation embankments and drainage on property other than public street and alley
rights-of-way; establishes
the administrative procedure for issuance of permits; and provides for approval
of plans, specifications and inspection of the construction. (Ord. 2D-79 § 2)
For the purposes of this chapter, the words and
phrases defined in this section shall be construed in accordance with the definitions set forth unless it is
apparent from the context that a different meaning is intended:
A.
"Bedrock" means solid, undisturbed bedrock in place either at the
ground surface or beneath surface deposits of gravel, sand or soil.
B. "City
engineer" refers to the engineer employed or contracted by the city for the purpose of providing
engineering services, and inspecting the plans and construction of public facilities.
C.
"Excavation" means any
act by which earth, sand, gravel, rock or other earthen material is
cut into, dug, uncovered, displaced or relocated, and includes the conditions resulting
therefrom.
D.
"Existing grade" means
the grade or elevation of the existing ground surface prior to
excavating or filling.
E.
"Fill" means deposits
of soil, rock or other materials placed by men.
F.
"Finish grade" means
the final grade or elevation of the ground surface after grading is
completed.
G.
"Grading" means any excavating
or filling or combination thereof and includes the
conditions resulting from any excavation or fill including the natural drainage pattern.
H.
"On-site retention" means
the retention of storm water volume that falls on the site for a
given design frequency storm, the site being exclusive of public streets, alleys or other land
dedicated for public use.
I.
"Outfall of lot" means
the lowest point of the lot (when final grading and improvements
are complete) that will provide for continuity of drain water disposal to the street, alley or
drainage channel or easement.
J.
"Project engineer" means
the engineer who is licensed by the state and who has been
employed to design or oversee work regulated by this chapter.
K.
"Rough grade" means an
approximate elevation of the ground surface conforming to the
proposed design.
L.
"Site" means any lot
or parcel of land or contiguous combination thereof, under the same
ownership, where grading is performed or permitted.
M.
"Soil" means all earth
material of whatever origin that overlies bedrock. (Ord. 2D-79 § 7)(Ord. 11-2007, Amended,
11/06/2007)
The official charged with the enforcement of
this chapter is the director of planning in cooperation with the city engineer. (Ord. 2D-79 §
3)
(Ord. 11-2007, Amended, 11/06/2007)
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The director of planning may grant a minor variance to
this chapter's
provisions and amendments
relating thereto when there exists an unnecessary hardship substantially limiting the preservation
and enjoyment of property rights resulting from a literal interpretation of this chapter. This minor
variance shall not be authorized unless it is found that:
A. Special
circumstances or conditions
apply to this permit application; and
B. Authorizing of
the minor variance is necessary for the preservation and enjoyment of substantial property rights;
and
C. Authorizing of
the minor variance will not be materially detrimental to the persons residing or working in the vicinity, or
adjacent property, to the neighborhood or to the public welfare in general; and
D. Granting of the
minor variance will be in harmony with the purposes sought to be attained by this chapter. (Ord. 2D-79
§ 4)
(Ord.. 11-2007, Amended, 11/06/2007)
A. No person shall
obtain a building
permit that is required by the city for work in or over
any natural watercourse, drainage way, canyon, ravine, arroyo or other potential flood hazard
area without first having obtained a grading permit from the city. The fee for such permit
shall
be as established by ordinance of the City Council, as provided in Title 4 of this code. (Ord.
2D-79
§ 5(a)) (Ord. No. 10A-94, Amended, 10/04/94)
No person shall do any grading without first
having obtained a grading permit from the director of planning except for the following:
A. An excavation
which:
1. Is less than two
feet in depth,
or
2. Does not create a
cut slope greater
than five feet in height and steeper than one and one-half horizontal to one vertical;
B. A fill less than
one foot in depth
and placed on natural terrain with a slope flatter than
five horizontal to one vertical and which does not exceed one hundred cubic yards on any one
site and does not obstruct a drainage course;
C. An excavation
below finished grade
for basements and footings of a building, retaining
wall or other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation nor exempt any excavation having an unsupported height
greater than five feet after the completion of the structure;
D. Excavation or
deposit of earth
materials within a property which is dedicated or used, or
to be used for cemetery purposes not obstructing a watercourse except where the grading is
within one hundred feet of the property line or intended to support structures;
E. Mining,
quarrying, excavating,
processing, stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law; provided, that the operations do not affect the
lateral support or unduly increase the stresses in or pressure upon any adjacent or contiguous
property;
F. Grading in an
isolated, self-contained area if the director of planning finds that no apparent danger to private or public
property can now or thereafter result from the grading operations;
G. Grading in public
rights-of-way and easements done under a permit issued by the office of the director of planning;
H. Grading by a
public utility company
in private easements which do not obstruct a natural
watercourse;
I. Sanitary landfills
and refuse disposal
areas which are regulated by an appropriate
governmental agency;
J. Grading by
departments of the city
or grading by contractors on city projects. (Ord. 2D-79
§ 5(b))
(Ord. 11-2007, Amended, 11/06/2007)
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A. To obtain a
grading permit, the
applicant shall file therefor in writing on a form furnished
by the city engineer. A separate application shall be required for each site and may cover both
excavation and filling.
B. Every such
application shall:
1. Identify and
describe the work
to be covered by the permit for which application is made;
2. Describe the land
on which the
proposed work is to be done by lot, block, tract or similar
description that will identify readily and definitely locate the proposed work and give name and
address of property owner;
3. Identify the
intended use for which
the site is being prepared;
4. Give proposed
location of deposit
area and name and address of person who will receive
excavated material and evidence that he is willing to receive the material (if off-site);
5. Be accompanied
by plans, specifications
and a soil report as required in this chapter;
6. State the
estimated quantities
of earthwork involved;
7. Be signed by the
permittee, or
his authorized agent, who may be required to submit
evidence to indicate such authority;
8. Give such other
information as reasonably may be required by the director of planning.
9. Payment of the
permit fee as established by ordinance of the City Council, as provided in Title 4 of this code. (Ord.
2D-79 § 8(a)) (Ord. No. 10A-94, Amended, 10/04/94)(Ord. 11-2007, Amended,
11/06/2007)
A. Each application
for a grading
permit shall be accompanied by two sets of plans,
specifications and a soil report, except when waived by the city engineer for minor or
insignificant work. The plans, specifications and soil report shall be prepared and signed by an
engineer licensed by the state.
B. Exceptions.
1. Plans and
specifications need not be prepared by a licensed engineer if the director of planning in cooperation
with the city engineer waives the requirement because technical engineering is not required, and all
other laws and regulations are complied with.
2. When waived by
the city engineer in cases where soils and geologic conditions are not significant factors in the design, a
soil report need not be submitted.
3. Plans,
specifications and soil reports shall not be required by the director of planning for work in
a legal subdivision, or for work which is in an area under an approved site plan required by the
zoning ordinance, provided the subdivision or site plan approval is granted subsequent to the
effective date of the ordinance codified in this chapter. The requirements of this chapter shall be
fulfilled during the approval process of the subdivision or site plan. (Ord. 2D-79 §
8(b))(Ord. 11-2007, Amended, 11/06/2007)
A. Plans shall be
drawn to scale upon
substantial paper, polyester film or cloth and shall be
of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give the location of the work and the name
and address of the owner and engineer by whom they were prepared. The plans shall show, but
need not be limited to, the following information:
1. General vicinity
map of the proposed
site;
2. Property limits
and accurate contours
of existing ground and details of terrain and area
drainage. All elevations shall be to U.S. Coast and Geodetic Survey datum;
3. Limiting
dimensions, elevations,
slopes and finish contours or elevations to be achieved
by the grading, and proposed drainage channels and related construction;
4. Detailed plans of
all surface and
subsurface drainage devices, walls, cribbing, dams and
other protective devices to be constructed with, or as a part of, the proposed work, together with
a map showing the drainage area and the estimated runoff of the area served by any drainage
system;
5. Location of any
buildings or structures
on the property where the work is to be performed
and the location of any buildings or structures on land of adjacent property owners which are
within fifteen feet of the property or which may be affected by the proposed grading
operations;
6. Provisions for
on-site retention of storm water, unless waived by the director of planning with the approval of the city
engineer, or otherwise not required by this chapter;
7. Any additional
plans, drawings, specifications or calculations reasonably required by the city engineer.
B. Specifications
shall contain information covering construction and material requirements.
C. Plans and
specifications shall be based on the soil report when such a report is required.
(Ord. 2D-79 § 8(c))(Ord. 11-2007, Amended, 11/06/2007)
The soil report shall show the information
obtained from
surface, subsurface and geological
investigations necessary to provide information on which to base the design of the proposed
project. The report shall include, but need not be limited to, pertinent data as applicable to the
proposed project, concerning:
A. The nature,
distribution and strength
of existing soil and rock;
B. Geologic factors
affecting stability
and safety;
C. Conclusions and
recommendations
for grading requirements including the correction of
weak and/or unstable soil conditions;
D. Opinions and
recommendations covering
the adequacy of site to be developed by the
proposed grading operations. (Ord. 2D-79 § 8(d))
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A. The issuance of
a grading permit shall constitute an authorization to do only that work which is described or illustrated
on the application for the permit or on the site plans and specifications approved by the director of
planning.
B. The issuance of
a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an
approval of any violation of or deviation from the provisions of this chapter or any other ordinance, law,
rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter
or deviation therefrom, ensued. When the violation occurs, the permit shall be deemed to be cancelled
and the ground restored to the condition it was in prior to start of the grading work.
C. The issuance of
a permit, based upon drawings and specifications, shall not prevent the director of planning from
thereafter requiring the correction of errors in the drawings and specifications or from stopping unlawful
construction operations being carried on thereunder. (Ord. 2D-79
§ 9(a))(Ord. 11-2007, Amended, 11/06/2007)
Permits issued under the requirements of this
chapter shall
not relieve the owner of
responsibility for securing required permits for work to be done which is regulated by any other
ordinance, department or division of the city or other governing agency. (Ord. 2D-79 §
9(b))
A. The permittee
shall fully perform
and complete all of the work required to be done
pursuant to the grading permit within the time limit specified. If no time limit is specified, the
permittee shall complete the work within one hundred eighty days after the date of the issuance
of the grading permit.
B. If the permittee
is unable to complete
the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the
city engineer a request for an extension. If, in the opinion of the director of planning, such an extension
is warranted, he may grant additional time for the completion of the work. (Ord. 2D-79 §
9(c))(Ord. 11-2007, Amended, 11/06/2007)
All persons performing any grading operations
shall comply with all state, federal and local laws and put into effect all safety precautions which are
necessary in the opinion of the director of planning and provide adequate anti-erosion and/or drainage
devices, debris basins, or other safety devices to protect the life, limb, health and welfare and private
and public property of others from damage of any kind. (Ord. 2D-79 § 9(d))(Ord. 11-2007,
Amended, 11/06/2007)
In granting any permit under this chapter, the
director of planning may attach such conditions as may be reasonably necessary to prevent creation of
a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited
to:
A. Compliance
with dust control requirements of the city;
B. Requirements
for fencing of excavations or fills which would otherwise be hazardous;
C. Improvement of
any existing site condition to bring it up to the standards of this chapter.
(Ord. 2D-79 § 9(e))(Ord. 11-2007, Amended, 11/06/2007)
Neither the issuance of a permit under the
provisions of
this chapter nor the compliance with
the provisions of this chapter, or with any conditions imposed in the permit issued under this
chapter, shall relieve any person from responsibility for damage to other persons or property, nor
impose any liability upon the city for damage to other persons or property. (Ord. 2D-79 §
9(f))
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Should the director of planning find the work under any
permit issued under these provisions is not proceeding in accordance with the drawings, specifications,
and details of the application which the permit was issued, and/or is proceeding in violation of this
chapter or any other ordinance of the city, or should he find that there has been any false statement or
misrepresentation as to a material fact in the application, payment for the permit or plans on which the
permit was based, the director of planning shall notify the person obtaining the permit and the owner
that such work fails to conform to the permit, or that the permit was obtained by false representations
and that the failure in obtaining the permit be corrected without delay. If the owner or person obtaining
the permit fails or refuses to make such correction within the time specified in the notice, the director of
planning shall revoke the permit and serve notice of the revocation upon the person to whom the
permit was issued. The notice shall be in writing and signed by the director of planning. It is unlawful
for any person to proceed with any part of the work after the notice is served. (Ord. 2D-79
§ 9(g))(Ord. 11-2007, Amended, 11/06/2007)
If, in the opinion of the director of planning, the land
area for which grading is proposed is subject to geological or flood hazard to the extent that the
proposed corrective work will not eliminate or sufficiently reduce the hazard to human life or property,
the grading permit and the building permits for habitable structures shall be denied. (Ord. 2D-79
§ 10(a))(Ord. 11-2007, Amended, 11/06/2007)
The city engineer shall not issue a permit in any
case where
he finds that the work as proposed
by the applicant will endanger any private property or result in the deposition of debris on any
public way or seriously interfere with any existing drainage course. However, if it can be shown
to the satisfaction of the city engineer that the hazard would be essentially eliminated by the
construction of retaining structures, buttress fills, drainage devices, or by other means, the city
engineer may issue the permit after the applicant has complied with Sections 12.12.100 and
12.12.110. (Ord. 2D-79 § 10(b))
No grading permit shall be issued without payment to the city of all
grading
permit fees. Such
fees shall be established by ordinance of the City Council, as provided in Title 4 of this code.
(Ord. 2D-79 § 11) (Ord. No. 10A-94, Amended, 10/04/94)
A. A permit shall
not be issued for more than one thousand cubic yards of grading or for grading that can affect adjacent
property or drainage unless the permittee shall first post with the director of planning a cash bond or a
bond executed by the owner and a corporate surety authorized to do business in this state as a surety in
an amount sufficient to cover the cost of the project, including corrective work necessary to remove
and eliminate geological hazards, all as determined by the director of planning.
B. The bond (cash
or surety) shall include penalty provisions on a form approved by the city attorney for failure to
complete the work on schedule. (Ord. 2D-79 § 12(a))(Ord. 11-2007, Amended,
11/06/2007)
Every bond shall include the conditions that the
permittee shall:
A. Comply with all
of the provisions of this chapter and other applicable laws and ordinances;
B. Comply with all
of the terms and conditions of the permit for excavation or fill to the satisfaction of the director of
planning;
C. Complete all of
the work contemplated under the permit within the time limit specified in the permit or in subsection A
of Section 12.12.140. The director of planning may, for sufficient cause, extend the time specified in the
permit but no such extension shall release the surety upon the bond. (Ord. 2D-79 § 12(b))(Ord.
11-2007, Amended, 11/06/2007)
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The term of each bond shall begin upon the date of filing and shall
remain in effect until the completion of the work to the satisfaction of the director of planning. In the
event of failure to complete the work and failure to comply with all of the conditions and terms of the
permit, the director of planning may order the work required by the permit to be completed to his
satisfaction. The surety executing the bond or deposit shall continue to be firmly bound under a
continuing obligation for the payment of all necessary costs and expenses that may be incurred or
expended by the city in causing any and all such required work to be done. In the case of a cash
deposit, the deposit or any unused portion thereof shall be refunded to the permittee. (Ord. 2D-79
§12(c))
(Ord. 11-2007, Amended, 11/06/2007)
A. In lieu of
providing assurance
of construction in the manner provided in Sections 12.12.220 through 12.12.240, the permittee may
provide assurance of construction for grading improvements by delivering to the director of planning,
prior to the issuance of a permit, an appropriate agreement between an approved lending institution and
the permittee, stating that funds sufficient to cover the entire cost of performing the proposed work,
including engineering and inspection costs, in an amount approved by the director of planning, have
been deposited with the approved lending institution, or have been committed to be loaned by the
lending institution to the permittee. The agreement shall provide that the funds in the stated amount are
specifically allocated, and will be used by the permittee, or on his behalf, only for the purpose of
performing the grading improvements. The city shall be the beneficiary of the agreement, or the
permittee's rights thereunder shall be assigned to the city and the director of planning shall approve each
disbursement of any such funds. The agreement may also contain terms, conditions and provisions
normally included by the lending institutions in load commitments for construction funds, or as may be
necessary to comply with statutes and regulations applicable to the lending institutions.
B. In the event a bond or
approved assurance for the proposed work is provided through some other ordinance or stipulation, a
second assurance to fulfill this chapter will not be required. (Ord. 2D-79 § 12(d))
(Ord.
11-2007, Amended, 11/06/2007)
Cuts shall not be steeper in slope than one and
one-half
horizontal to one vertical unless a
retaining wall or other approved support is provided or unless the owner furnishes a soils
engineering report proving to the satisfaction of the city engineer that the proposed deviation will
be stable, will not endanger any property or result in the deposit of debris on any public way or
interfere with any existing drainage course. (Ord. 2D-79 § 13(a))
Cut slopes exceeding forty feet in vertical height
shall
be terraced. Drainage terraces are to be
a minimum of six feet wide, paved, and must carry water to a safe disposal area. Terraces shall
be cut at intervals not exceeding thirty feet vertically. Where only one terrace is required, it shall
be at mid-height. (Ord. 2D-79 § 13(b))
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All material placed as fill shall be bladed and
graded to
a uniform surface and shall not be left
on the site as irregular dumping. (Ord. 2D-79 § 14(a))
A. All fill shall be
compacted to not less than the minimum densities as listed in this section and as determined in
accordance with ASTM D698-70. Field density shall be determined by ASTM D1556-64 and/or
standard methods for density of soil and soil-aggregate in place of nuclear methods (shallow depth),
ASTM D2922-71.
| Location | Min. Density* |
| Under Structures | 95% |
| Parking lots, driveways, roads | 95% |
| Yards, open spaces | 80% |
* Unless a modification is indicated based on a
soils report.
B. Fills which will
support the foundations of structures shall be constructed under the supervision of an engineer licensed
by the state. Exceptions:
1. Fills in non-hillside
areas that are made for yard purposes and which do not exceed eighteen inches in depth need not be
compacted;
2. Sanitary landfills
and refuse disposal areas which are regulated by an appropriate governmental agency.
C. When
foundations of structures are not to be supported by the fill, the city engineer may allow deviations from
the above requirements if he finds that their strict enforcement is unduly restrictive for the intended
purpose. (Ord. 2D-79 § 14(b))(Ord. 11-2007, Amended, 11/06/2007)
The area over which fills are to be made shall be
cleared
of all trash, trees, stumps, timber,
debris or other material not suitable as a foundation for a fill. Where slopes are five horizontal to
one vertical or steeper, scarifying or benching into sound bedrock or other competent material
shall be required. Five feet of the lowermost bench shall be exposed beyond the toe of the fill.
The bench shall be sloped for sheet overflow or a paved drain shall be provided. (Ord. 2D-79
§
14(c))
A. No fill shall be
made which creates an exposed surface steeper in slope than one and one-half horizontal to one
vertical.
B. The director of
planning may require that the fill be constructed with an exposed surface flatter than one and one-half
horizontal to one vertical if this is necessary for stability and safety. Slopes of fills which are not
compacted in accordance with Section 12.12.290 may not exceed two horizontal to one vertical. (Ord.
2D-79 § 14(d))(Ord. 11-2007, Amended, 11/06/2007)
The material to be used for fill shall be approved
by the director of planning prior to use when the fill is to support the foundations of structures. No
organic material shall be permitted in fills. Except as permitted by the director of planning, no rock or
similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed
in fills. (Ord. 2D-79 §14(e))(Ord. 11-2007, Amended, 11/06/2007)
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All fill slopes in excess of thirty feet vertical
height
shall have paved drainage terraces at
vertical intervals not exceeding twenty-five feet. Where only one terrace is required, it shall be at
mid-height. Terraces shall drain into a paved gutter, pipe or other watercourse adequate to
convey the water in a safe disposal area. The terrace shall be at least six feet wide. (Ord. 2D-79
§
14(f))
Fills toeing out on natural slopes which are
steeper than
two horizontal to one vertical will not
be permitted. (Ord. 2D-79 § 14(g))
A. Cuts and fills
shall be set back from property lines and buildings shall be set back from cut or fill slopes in
accordance with Figure No. 1 of the ordinance codified in this chapter, on file in the office of the city
clerk. Retaining walls may be used to reduce the required setback when approved by the city
engineer.
B. Fill placed on or
above the top
of an existing or proposed cut or natural slope steeper than
three horizontal to one vertical shall be set back from the edge of the slope a minimum distance
of six feet.
C. Building
foundations shall be set
back from the top of slope a minimum distance of six
feet for all cut slopes steeper than two horizontal to one vertical. No buildings shall be
constructed on cut or fill slopes steeper than three horizontal to one vertical.
D. The setbacks
given in this section are minimum and may be increased by the director of planning as approved by the
city engineer if considered necessary for safety or stability or to prevent possible damage from water,
soil or debris. (Ord. 2D-79 § 15)(Ord. 11-2007, Amended, 11/06/2007)
No person shall alter any natural drainage course
or existing
drainage facility in such a way as
to damage or endanger by flooding, erosion or any other means any public or private property or
improvements. (Ord. 2D-79 § 16(a))
All drainage facilities shall be designed to carry
surface
waters to the nearest practical street,
storm drain, or natural watercourse approved by the city engineer and any other governmental
agency having jurisdiction as a safe place to deposit such waters. (Ord. 2D-79 §
16(b))
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Adequate provision shall be made to prevent
surface waters
from damaging the face of an
excavation or fill. All slopes shall be protected from surface water runoff from above by berms
or swales. (Ord. 2D-79 § 16(c))
All swales or ditches on drainage terraces shall
be graded
to provide suitable drainage and
designed to prevent erosion and provide durability. (Ord. 2D-79 § 16(d))
A. Retention of
storm water shall
be required for all new subdivisions containing twenty or
more single-family residential lots or which consist of ten or more acres in gross area.
B. Except where
provisions for retention
of storm waters have been made as stipulated in
subsection A of this section, on-site retention of storm water shall be required for all
developments equal to or exceeding one-half acre in size unless the site is served by a storm
sewer, channel or natural drainageway having an adequate outlet capacity from the development
to a major drainage outfall such as, but not limited to, a storm drain or natural watercourse
approved by the city engineer as a safe place to deposit such waters.
C. Storm water
retention provisions shall be adequate to contain the computed difference of water volumes between the
historic and developed flows resulting from a one-hundred-year frequency storm. The tributary area
used in the computation shall be the area of the subdivision or the development site. The method of
water volume computation shall be in accordance with the standards available to the public and on file
with the director of planning. The requirement for on-site retention may be waived by the director of
planning if he determines that the retention is impractical because of, but not limited to steep terrain,
poor percolation, or incompatibility with existing or surrounding improvements. The director of planning
may require additional drainage studies or reports in such cases to determine if a critical drainage
problem will be created on adjacent or downstream properties. (Ord. 2D-79 § 17)(Ord. 11-
2007, Amended, 11/06/2007)
All fills used or intended to be used for the
support of foundations of structures and, when required by the director of planning, all grading affecting
stability of adjacent property, shall be performed under the supervision of a project engineer registered
in the state and shall be designated "supervised grading." Grading not supervised in
accordance with Sections 12.12.410 through 12.12.440 shall be designated "regular
grading." (Ord. 2D-79 §18(a))(Ord. 11-2007, Amended, 11/06/2007)
The director of planning may inspect the work, and
may require adequate inspection and compaction control by a soils testing agency.
(Ord. 2D-79 § 18(b))(Ord. 11-2007, Amended, 11/06/2007)
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A. For supervised
grading, it shall be the responsibility of the project engineer to supervise and coordinate all site
inspection and testing during grading operations. Soils reports shall also be required as specified in
Sections 12.12.080 through 12.12.110. All necessary reports, compaction data, and soils engineering
and engineering geological recommendations shall be submitted to the director of planning by the
project engineer.
B. Soil reports
certifying the compaction or acceptability of all fills shall be required except as exempted by Section
12.12.290. These shall include, but not be limited to, inspection or areas cleared, compacted and
otherwise prepared to receive fill; the placement and compaction of fill material; the bearing capacity of
the fill to support structures; and the inspection or review of the construction of retaining walls,
subdrains, drainage devices, buttress fills and similar measures.
(Ord. 2D-79 § 18(c))(Ord. 11-2007, Amended, 11/06/2007)
If, in the course of fulfilling his responsibility
under this chapter the project engineer finds that the work is not being done in conformance with this
chapter or the plans approved by the director of planning, he shall immediately notify the person in
charge of the grading work and the director of planning in writing of the nonconformity and of the
corrective measures to be taken. (Ord. 2D-79 § 18(d))(Ord. 11-2007, Amended,
11/06/2007)
A. If, at any stage
of the work, the
city engineer determines by inspection that further
grading as authorized will endanger any property or result in the deposit of debris on any public
way or interfere with any existing drainage course, the city engineer shall require, as a condition
to allowing the work to be completed, that such reasonable safety precautions be taken as he
considers advisable to avoid such likelihood of damage.
B. Notice to
comply shall be submitted
to the permittee and owner in writing. After a notice
to comply is written, a period of ten days shall be allowed for the contractor to begin to make the
corrections unless an imminent hazard exists, in which case the corrective work shall begin
immediately.
C. If the city
engineer finds any
existing conditions not as stated in the grading permit or
approved plans, he may refuse to approve further work until approval is obtained for a revised
grading plan which will conform to the existing conditions. (Ord. 2D-79 § 19)
A. Compliance
with Plans and Requirements.
All permits issued under this chapter shall be
presumed to include the provision that the applicant, his agent, contractors or employees shall
carry out the proposed work in accordance with the approved plans and specifications and in
compliance with all the requirements of this chapter.
B. Protection of
Utilities. During
the grading operations, the permittee shall be responsible
for the prevention of damage to any street or drainage facility or to any public utility or service.
This responsibility applies within the limits of grading and along any routes of travel of
equipment.
C. Protection of
Adjacent Property.
The permittee is responsible for the prevention of
damage to adjacent property and no person shall excavate on land sufficiently close to the
property line to endanger any adjoining public street, sidewalk, alley or other public or private
property prior to supporting and protecting the property from settling, cracking or other damage
which might result. (Ord. 2D-79 § 20)
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Whenever any existing excavation or
embankment or fill has
become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability
of a public way or drainageway, such condition shall be deemed a nuisance and the owner of the
property upon which the excavation or fill is located, or other person or agent in control of the
property, upon receipt of notice in writing from the director of planning shall, within the period specified
therein, repair or eliminate the excavation or embankment so as to eliminate the hazard and be in
conformance with the requirements of this chapter. (Ord. 2D-79 § 6)(Ord. 11-2007, Amended,
11/06/2007)
No modification of the approved grading plans
may be made without the approval of the director of planning. All necessary soils and geological reports
shall be submitted with the plans. (Ord. 2D-79 § 21)(Ord. 11-2007, Amended,
11/06/2007)
A. Final Reports.
Upon completion of the work, the director of planning may require the following reports:
1. Certification by
the project engineer that all grading, lot drainage, and drainage facilities have been completed in
conformance with the approved plans and this chapter;
2. A soils engineering
report including certifications of soil bearing capacity of compacted fills, summaries of field and
laboratory tests and locations of tests;
3. An engineering
geology report based on the final construction. It shall include specific approval of the grading as
affected by geological factors. Where necessary, a revised geologic map and cross-sections, and any
recommendations regarding building restrictions or foundation setbacks, shall be included.
B. Notification of
Completion. The permittee or his agent shall notify the director of planning when the grading operation
is ready for final inspection. Final approval shall not be given until all work including installation of all
drainage structures and their protective devices, have been completed and required reports have been
submitted. (Ord. 2D-79 § 22)(Ord. 11-2007, Amended, 11/06/2007)
A. Any violation of
the provisions
of this chapter shall be deemed unlawful and subject to
the general penalty provisions as provided in Chapter 1.08 of this code in addition to any and
other lawful action which the city may take for the prevention of the violation of this
chapter.
B. Any bond,
performance bond, assurances,
loan commitment or all other guarantees
provided pursuant to the terms of this chapter shall, in the event of the permittee's failure to
complete the work or failure to comply with any or all conditions of the permit or of this chapter,
shall be forfeitable to the order of the city for the payment of all necessary costs and expenses
that may be incurred or expended by the city in causing any or all such work as required
thereunder to be completed pursuant to the terms and conditions as provided in the permit or this
chapter. (Ord. 2D-79 § 23)
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Chapter 12.16
Sections:
12.16.010 Authorized.
Section 12.16.010 Authorized.
The police department may, upon request of any
city department,
restrict the use of, or close,
any city street whenever the requesting department considers the closing or restriction
necessary:
A. For the
protection of the public;
B. For the
protection of the street
from damage or during construction, improvement or
maintenance operations thereon;
C. For construction,
improvements
or maintenance on any water main, sewer main or other
public utility. (Ord. 3-76 § 1)
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Chapter 12.20
Sections:
Section 12.20.009 Article I.
Definitions
Whenever in this chapter the following terms or
pronouns
in place of them are used, the intent
and meaning shall be interpreted as set out in this article. (Ord. 1A-79 § 1 (part): prior code
§ 25-42 (part))
"Contractor" means the individual,
firm, association,
corporation, governmental agency or any
other legal entity which is responsible for performing the actual construction and/or installation
of all or any portion of the project for which a permit is required. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
"Emergency" means unforeseen
occurrences and combinations
of circumstances involving the
public welfare or the protection of work already done, or which endanger life or property and call
for immediate action or remedy. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"City Engineer" refers to the engineer
employed or contracted by the city for the purpose of providing engineering services and
inspecting the plans and construction of public facilities.(Ord. 1A-79 § 1 (part): prior code
§25-42 (part))(Ord. 11-2007, Amended, 11/06/2007)
"Excavation" means any opening in
the surface of
a public place made in any manner
whatsoever, except an opening into a lawful structure below the surface of a public place, the top
of which is flush with the adjoining surface and so constructed as to permit frequent openings
without injury or damage to the public place. (Ord. 1A-79 § 1 (part): prior code §
25-42 (part))
"Improvement" means any pipe,
pipeline, tube, main,
service, tap, vent, vault, manhole, meter,
gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box,
transformer, ditch, roadway, pavement, driveway, parkway, sidewalk, pedestrianway, parking
area or any other work, material, structure or object of any kind or character, whether enumerated
in this section or not, which is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over a public place. (Ord. 1A-79 § 1 (part): prior code
§ 25-42
(part))
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"Performance bond" means the
security provided
by the permittee or his contractor solely for
the protection of the city and conditioned upon the faithful performance of the contract in
accordance with the plans, specifications and conditions thereof. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
"Permittee" means the individual,
firm, association,
corporation, governmental agency or any
other legal entity which is responsible for the project necessitating the improvements proposed or
under construction. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
"Person" means any person, firm,
partnership, association,
corporation, company or
organization of any kind. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
"Project engineer" means the
professional engineer
employed by the permittee to design
and/or supervise the improvement construction. In the case of a city improvement project, the
project engineer may be the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Public improvement" means any
drainage ditch,
roadway, parkway, sidewalk, pedestrianway,
off-street parking area, lot improvement or other facility for which the city may ultimately
assume the responsibility for maintenance and operation. (Ord. 1A-79 § 1 (part): prior
code §
25-42 (part))
"Public place" means any public
street, way, place,
alley, sidewalk, park, square, plaza or any
other public property owned or controlled by any governmental agency in a governmental
capacity. "Public place" shall also mean any property which is proposed to be
dedicated or
used
as public property in the future or which can reasonably be expected to become a public place in
the future. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))
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"Specifications" means the
descriptions, directions,
provisions and requirements for
performing the work on a specific project. In all cases, the city's standard specifications shall
govern in all applicable circumstances. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Standard details" means uniform
detail drawings
of structures or devices adopted as standard
construction details by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Standard specifications" means
uniform general
specifications adopted as standard
specifications by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42
(part))
"Substructure" means any pipe,
conduit, duct, tunnel,
manhole vault, buried cable or wire, or
any other structure located below the surface of any public place. (Ord. 1A-79 § 1 (part):
prior
code § 25-42 (part))
No person shall make any excavation or perform
any work or
construction in any public place
without first obtaining a permit to do so from the engineer except as otherwise provided in this
chapter. (Ord. 1A-79 § 1 (part): prior code § 25-43(a))
No permit shall be issued unless a written
application (on
a form provided by the engineer) for
the issuance of a permit is submitted to the engineer. The written application shall state the name
and address and principal place of business of the permittee, the authority of the applicant to
occupy the public place for which the permit is sought, the location and dimensions of the
improvements, the purpose of the facility and the length of time which will be required to
complete such work including removing all obstructions, material and debris. The application,
when approved and signed by the engineer, shall constitute a permit. (Ord. 1A-79 § 1
(part): prior
code § 25-43(b))
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No permit shall be issued until acceptable plans
for the
proposed improvements have been
submitted and approved by the engineer except in cases when the work is of such nature that the
adopted standard details adequately governs the quality of materials and workmanship. (Ord.
1A-79 §
1 (part): prior code § 25-43(c))
Nothing in this chapter shall be construed to
prevent the
making of excavations as may be
necessary for the preservation of life or property or for the location of trouble in conduit or pipe,
or for making repairs; provided, that the person performing such work shall apply to the engineer
for such a permit on the first working day after such work is commenced. (Ord. 1A-79 § 1
(part):
prior code § 25-43(d))
A permit fee shall be charged by the city for the
issuance
of any permit required by this
chapter. The fees for such a permit shall be established by ordinance of the City Council, as
provided in Title 4 of this code. (Ord. 1A-79 § 1 (part): prior code § 25-43(e)) (Ord.
No.
10A-94,
Amended, 10/04/94)
A. No permit, as
provided for in this
chapter, shall be required for private improvements
such as private sidewalks or driveways connecting from private facilities to public facilities
within a public place when such private improvements are being constructed as part of a building
construction project for which a building permit has been issued by the building official.
B. City
departments, performing normal
maintenance and construction functions, are exempt
from the requirement to obtain permits.
C. No permit shall
be required for
the installation, replacement, maintenance or repair of
aboveground utility facilities when the work is performed by a corporation franchised by the city
to supply or convey electricity or communication impulse. This exception shall specifically apply
to aboveground conduits, wires, towers, poles, pole lines, anchors, cables, transformers and
junction boxes. (Ord. 1A-79 § 1 (part): prior code § 25-43(f))
A. The issuance of
a permit shall
constitute an authorization to do only that work which is
described or illustrated on the application for the permit or on the plans and specifications
approved by the engineer.
B. The issuance of
a permit or the
approval of drawings and specifications shall not be
construed to be a permit for, nor an approval of any violation of or deviation from the provisions
of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if,
in the work completed, a violation of this chapter or deviation therefrom, ensued. When such
violation occurs, the permit shall be deemed to be cancelled and the public place restored to the
condition it was in prior to the start of the work.
C. The issuance of
a permit, based
upon drawings and specifications, shall not prevent the
engineer from thereafter requiring the correction of errors in the drawings and specifications or
from stopping unlawful construction operations being carried on thereunder. (Ord. 1A-79 §
1
(part): prior code § 25-44(a))
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Permits issued under the requirements of this
chapter shall
not relieve the permittee of
responsibility for securing required permits for work to be done which is regulated by any other
ordinance, department or division of the city or other governing agency. (Ord. 1A-79 § 1
(part):
prior code § 25-44(b))
A. The permittee
shall fully perform
and complete all of the work required to be done
pursuant to the permit within the time limit specified. If no time limit is specified, the permittee
shall complete the work within one hundred eighty days after the date of the issuance of the
permit.
B. If the permittee
is unable to complete
the work within the specified time, he shall, prior to
the expiration of the permit, present in writing to the engineer a request for an extension. If, in
the opinion of the engineer, such an extension is warranted, he may grant additional time for the
completion of the work. (Ord. 1A-79 § 1 (part): prior code § 25-44(c))
In granting any permit under this chapter, the
engineer may
attach such conditions as may be
reasonably necessary to prevent creation of a nuisance or hazard to public or private property.
(Ord. 1A-79 § 1 (part): prior code § 25-44(d))
Neither the issuance of a permit under the
provisions of
this chapter nor the compliance with
the provisions of this chapter, or with any conditions imposed in the permit issued under this
chapter, shall relieve any person from responsibility for damage to other persons or property, nor
impose any liability upon the city for damage to other persons or property. (Ord. 1A-79 § 1
(part): prior code § 25-44(e))
Should the engineer find the work under any
permit issued
under these provisions is not
proceeding in accordance with the drawings, specifications and details of the application upon
which the permit was issued, and/or is proceeding in violation of this chapter or any other
ordinance of the city, or should he find that there has been any false statement or
misrepresentation as to a material fact in the application, payment for the permit or plans on
which the permit was based, the engineer shall notify the permittee that the work fails to conform
to the permit, or that the permit was obtained by false representations and that the failure in
obtaining the permit be corrected without delay. If the permittee fails or refuses to make the
correction within the time specified in the notice, the engineer shall revoke the permit and serve
notice of the revocation upon the person to whom the permit was issued. The notice shall be in
writing and signed by the engineer. It is unlawful for any person to proceed with any part of the
work after the notice is served. (Ord. 1A-79 § 1 (part): prior code § 25-44(f))
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A. A permit shall
not be issued to
perform work in a public place when the cost of the work
is in excess of one thousand dollars unless the permittee shall first post with the engineer a cash
bond or a bond executed by the permittee and a corporate surety authorized to do business in this
state as a surety in an amount sufficient to cover the cost of the project as determined by the
engineer.
B. The bond (cash
or surety) shall
include penalty provisions on a form approved by the city
attorney for failure to complete the work on schedule. (Ord. 1A-79 § 1 (part): prior code
§
25-44(a))
Every bond shall include the conditions that the
permittee
shall:
A. Comply with all
of the provisions
of this chapter, applicable laws and ordinances;
B. Comply with all
of the terms and
conditions of the permit for the work to the satisfaction
of the engineer; and
C. Complete all of
the work contemplated
under the permit within the time limit specified in
the permit. The engineer may, for sufficient cause, extend the time specified in the permit but no
such extension shall release the surety upon the bond. (Ord. 1A-79 § 1 (part): prior code
§
25-45(b))
The term of each bond shall begin upon the date
of filing
and shall remain in effect until the
completion of the work to the satisfaction of the engineer. In the event of failure to complete the
work and failure to comply with all of the conditions and terms of the permit, the engineer may
order the work required by the permit to be completed to his satisfaction. The surety executing
the bond or deposit shall continue to be firmly bound under a continuing obligation for the
payment of all necessary costs and expenses that may be incurred or expended by the city in
causing any and all such required work to be done. In the case of a cash deposit, the deposit or
any unused portion thereof shall be refunded to the permittee. (Ord. 1A-79 § 1 (part): prior
code
§ 25-45(c))
In lieu of providing assurance of construction in
the manner
provided in this article, the
permittee may provide assurance of construction for improvements by delivering to the engineer,
prior to the issuance of a permit, an appropriate agreement between an approved lending
institution and the permittee, stating that funds sufficient to cover the entire cost of performing
the proposed work, including engineering and inspection costs, in an amount approved by the
engineer, have been deposited with the approved lending institution, or have been committed to
be loaned by the lending institution to the permittee. The agreement shall provide that the funds
in the stated amount are specifically allocated, and will be used by the permittee, or on his
behalf, only for the purpose of performing the improvements. The city shall be the beneficiary of
the agreement, or the permittee's rights thereunder shall be assigned to the city and the engineer
shall approve each disbursement of any such funds. The agreement may also contain terms,
conditions and provisions normally included by the lending institutions in loan commitments for
construction funds, or as may be necessary to comply with statutes and regulations applicable to
the lending institutions. (Ord. 1A-79 § 1 (part): prior code § 25-45(d))
The requirements for assurances may be waived
by the engineer
under the following
conditions:
A. The permittee is
a city, county
or state department whose functions require the
installation and/or maintenance of public improvements;
B. The permittee is
a corporation
whose franchise empowers it to make its own paving
restoration, but such permits will be issued only when the restoration work keeps fully apace
with the openings being made. The corporations shall pay promptly all bills for inspection at
scheduled rates, and all bills for restoration done by city forces;
C. The permittee is
a developer who
has previously provided assurances satisfactory to the
city council under the provisions of the subdivision regulations, provided the proposed
improvements for which such assurances were accepted. (Ord. 1A-79 § 1 (part): prior code
§
25-45(e))
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A. The engineer
shall provide for
inspection of all improvements during construction and
assure their satisfactory completion. The applicant shall pay to the city inspection fees as may
henceforth be established by resolution of the city council. These fees shall be due and payable
upon application for permit to construct the various types of improvements.
B. Costs for
required or necessary
materials testing or compaction testing as provided for in
the standard specifications shall be charged to the permittee and such bills shall be promptly
paid.
C. Nothing in this
article shall be
construed to require inspection by the city or the payment
of inspection fees for materials or workmanship for the actual installation, replacement,
maintenance or repair of utility facilities when the work is performed by a corporation franchised
by the city to supply or convey gas, electricity or communication impulse. City inspection and
the payment of inspection fees will be required for all excavation, backfill, compaction and
surface restoration, necessitated by the work when performed within a public place. (Ord. 1A-79
§ 1 (part): prior code § 25-46)
A. The contractor
shall perform all
work as may be necessary to complete the project for
which the permit is issued in a satisfactory and acceptable manner in full compliance with the
approved plans, the standard specifications and approved supplemental specifications.
B. After work is
commenced, the contractor
shall prosecute with diligence and expedition all
work covered by the permit and shall promptly complete the work and restore the public place to
its original condition, or as near as may be, so as not to obstruct the public place or travel thereon
more than is reasonably necessary. (Ord. 1A-79 § 1 (part): prior code §
25-47(a))
The project engineer, with approval of the
engineer shall
issue change orders to cover
unforeseen circumstances which make it impossible to carry out the work in accordance with the
original plans. Under no circumstances shall alterations be permitted in the details of
construction or changes permitted in quantities involved in the work beyond the termination of
the proposed construction except as may be necessary to satisfactorily complete the project.
(Ord. 1A-79 § 1 (part): prior code § 25-47(b))
Unless otherwise approved, public roadways,
while undergoing
improvements, or streets
adjacent to off-street projects shall be kept open to all traffic. The contractor may request, and,
when approved by the engineer, bypass traffic over an approved detour route. The contractor
shall keep the portion of the project being used by the public in such condition that traffic will be
adequately accommodated. He shall also provide and maintain, in a safe condition, temporary
approaches or crossings and intersections for agencies and facilities that provide emergency
services for the public. (Ord. 1A-79 § 1 (part): prior code § 25-47(c))
A. Throughout all
phases of construction,
including suspension of work, and until final
acceptance of the project, the contractor shall keep the work area clean and free from rubbish,
excess materials and debris.
B. Failure of the
contractor to comply
with the engineer's cleanup orders may result in an
order to suspend work until the condition is corrected.
C. The contractor
shall take whatever
steps, procedures or means required to prevent
abnormal dust conditions due to his construction operations. The dust control measures shall be
maintained at all times, to the satisfaction of the engineer. (Ord. 1A-79 § 1 (part): prior
code
§
25-47(d))
Chapter Index
Section Index
Every person owning, using, controlling or
having an interest
in substructures, under the
surface of any public place used for the purpose of supplying or conveying gas, electricity,
communication impulse, water, steam, ammonia or oil in the city, shall file with the engineer
within one hundred twenty days after the adoption of the ordinance codified in this chapter a map
or set of maps each drawn to an appropriate scale showing in detail the location, size, description
and date of installation, if known, of all substructures, except a service line designed to serve a
single property owner, beneath the surface to the public place belonging to, used by or under the
control of the person having any interest, and shall file with the engineer each and every year a
corrected map or set of maps each drawn to scale including all installation made during the
previous year; provided, however, that a public utility owner may at its option provide corrected
atlas sheets at more frequent intervals. (Ord. 1A-79 § 1 (part): prior code §
25-47(e))
A. The engineer
will decide all questions
which may arise as to the quality or acceptability
of materials furnished and work performed and all questions which may arise as to the
interpretation of the plans for public improvements and the standard specifications.
B. In giving
instructions, the engineer
may make minor changes in the work, not involving
extra work and not inconsistent with the purpose of the work, except in emergencies endangering
life or property.
C. The engineer
will suspend the work
wholly or in part due to the failure of the contractor
to correct conditions unsafe for the workmen or the general public, for such periods as he may
deem necessary due to unsuitable weather, for conditions considered unsuitable for the
prosecution of the work or for any other condition or reason deemed to be in the public interest.
(Ord. 1A-79 § 1 (part): prior code § 25-48(a))
A. Plans will show
details of all
structures, utilities, lines, elevations, grades, typical cross-sections of roadways and location and
design of all work.
B. The plans will
be supplemented
by such shop drawings as are necessary to adequately
control the work. Shop drawings for structures and utilities shall be furnished by the permittee or
his contractor and shall consist of such detailed plans as may be required to adequately control
the work and are not included in the plans furnished by the permittee. All shop drawings must be
approved by the engineer but such approval shall not operate to relieve the contractor of any of
his responsibility for the successful completion of the work. (Ord. 1A-79