HomeMy WebLinkAboutOrdinance 507 Excavation CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 507 EXCAVATION ORDINANCE ........................................................... 507-1
Section 507.01: SCOPE.............................................................................................. 507-1
Section 507.02: DEFINITIONS.................................................................................. 507-1
Section 507.03: GENERAL........................................................................................ 507-2
Section 507.04: EXCAVATION PERMIT ................................................................. 507-2
Section 507.05: TECHNICAL REQUIREMENTS ..................................................... 507-3
Section 507.06: NON COMPLIANCE, VALIDITY, OTHER AUTHORITY............. 507-8
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ORDINANCE 507 EXCAVATION ORDINANCE
Section 507.01: SCOPE. This ordinance regulates the making of excavations within the
public right of way of streets, alleys, public easements, and other public grounds;provides for
the enforcement of the rules and regulations contained herein and prescribes penalties for the
violation thereof.
Section 507.02: DEFINITIONS. For the purpose of this ordinance, certain words and
terms used herein are defined as follows; and they shall have the meaning herein ascribed to
unless a different meaning is clearly indicated by the context in which they are used.
Subd. 1: Person. Shall mean individual person, corporation, partnership or association of
individual persons, or any public utility corporations.
Subd. 2: City. Shall mean the City of St. Joseph, Minnesota.
Subd. 3: City Engineer. Means that person or firm designated by the Council as City
Engineer.
Subd. 4: Maintenance Superintendent. Shall mean that person designated by the City as
Maintenance Superintendent.
Subd. 5: Shall. As used in this ordinance is mandatory.
Subd. 6: Improvement. As used herein shall include, but not be limited to, the following:
water lines; sanitary and storm sewer lines; whiteway and other street lighting; traffic signal
systems; traffic and street signs; topsoil; sod; trees; public utility lines and systems; streets and
bicyclepaths including subgrade, base, pavement or other surfacing, curbs, gutters, medians,
sidewalks, ramps, and similar items; and all appurtenances to the aforementioned items.
Subd. 7: Excavate. Shall mean to dig or otherwise disturb the existing ground surface; to
drill,jack, bore, or tunnel in or under existing ground surface; to undermine or otherwise impair
the stability of the ground surface or any improvement on or below the ground surface; and to
place excavated materials or debris on the ground surface obstructing or otherwise interfering
with the free use of said ground surface or any improvement.
Subd. 8: Permittee. Shall mean the person to whom a valid excavation permit has been
issued by the City of St. Joseph.
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Section 507.03: GENERAL. No person shall excavate within the public right of way of
any street, alley, public easement, or other public grounds for any purpose other than in
fulfillment of a contract awarded by the City until a valid excavation permit has been issued
therefore by the City Administrator/Clerk.
Section 507.04: EXCAVATION PERMIT.
Subd. 1: Application. Application shall be made in writing on forms approved by the
City and available from the City Administrator/Clerk. Said application shall state in detail the
nature and character of the excavation to be made, the location thereof, and such other
information as the Maintenance Superintendent may reasonably require to enable him to fully
evaluate the nature of the work to be accomplished and the extent to which it will conform to the
requirements of this ordinance;provided, however, that in the event of an emergency, such work
as is required to alleviate the emergency may be accomplished without benefit of permit. In this
event, however, application for permit shall be made during the next succeeding work day and
the applicant shall be subject to all of the remaining provisions of this ordinance.
Subd. 2: General Requirements. No excavation permit will be issued to any person unless
the person has complied with the general requirements for City approvals under Section 104.06
of the St. Joseph Code of Ordinances.
Subd. 3: Permit Fees. A non refundable permit fee as may be established by resolution
of the City Council shall be paid to the City Administrator/Clerk at such time as the application
is submitted.
Subd. 4: Insurance. Persons intending to excavate under this Ordinance shall carry a
general policy of liability and property damage insurance which shall have minimum limits of
coverage of$100,000 for injuries to or the death of one person and not less than $250,000 on
account of one accident, and not less than $100,000 for property damage. A properly executed
certificate of insurance stating the coverage limits provided and certifying that the policy
complies in all respects with the provisions of this Ordinance shall be submitted with the
application. Said policy shall:
a) Include a "Hold Harmless Clause", specifically naming the City of St. Joseph as
the insured, which indemnifies and holds harmless the City of St. Joseph, its
officers, elected officials, agents, and employees from and against all claims,
damages, losses and expenses (including legal fees) arising out of or from
operations conducted by persons working under an approved excavation permit.
b) Provide that the coverage afforded shall be primary coverage to the full limits of
liability stated in the declarations, and if said City of St. Joseph; its officers,
elected officials, agents and employees have other insurance against the loss
covered by said policy, that other insurance shall be excess insurance only.
C) Provide that no cancellation of said insurance policy may be made by the insured
or insurance company, for any cause, without first giving twenty (20) days notice
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to the City, in writing, of the intention to cancel. Such notices shall be addressed
to the City Administrator/Clerk by registered mail, or shall be delivered to the
City Administrator/Clerk personally.
Subd. 5: Multiple Permits. Persons who plan to seek several permits within a given
calendar year need only submit the insurance certificate with first application;provided,
however, that they acknowledge in writing on subsequent application forms that the certificate
on file with the City Administrator/Clerk is currently in effect.
Subd. 6: Deposit. A cashier's check in the amount of$500 payable to the City of St.
Joseph shall be deposited with the City Administrator/Clerk upon receiving an approved permit.
Said check shall be held as bond to insure that all work performed under the permit conforms in
every respect to the terms and conditions of this ordinance.
507.04 amended 11/2013
Section 507.05: TECHNICAL REQUIREMENTS.
Subd. 1: Public Safety. Before commencing any excavation, the Permittee shall set up
an effective system to protect vehicular traffic and pedestrians from excavation, to safely guide
vehicular traffic and pedestrians through the construction area or detour them where necessary,
and to provide for public safety in general. In cases where it is necessary to detour traffic around
the excavation area, the Permittee shall present his plan for detouring traffic to the City
Administrator/Clerk and the Chief of Police for coordination and approval. The Permittee shall
utilize signs, flags, flashers, barricades, flagmen and such other methods or devices as are
deemed necessary by the City to adequately warn the public of the hazards involved, to allow
adequate time for the vehicle drivers to react and make the necessary adjustment in speed or
course, and to efficiently conduct traffic through or around the construction area.
The Permittee shall not leave an open excavation unattended. Prior to leaving the site
each night he shall put a sufficient amount of backfill into the excavation to prevent any
possibility of a cave in. This shall be construed to mean that the back slope on any excavation
left open and unattended shall not be steeper than 2 to 1 (horizontal to vertical) unless properly
shored sheeting is used. The excavation shall in no case be left open with standing water in it; the
Permittee shall at least fill the excavation to the top of the water table with backfill solid enough
to walk on. Open sheeting areas, pipes, or manholes shall be covered and securely sealed before
being left unattended.
Subd. 2: Blasting. If blasting is necessary in effecting the excavation, due precaution
and care shall be exercised to avoid damage to persons or property. No blasting shall be
undertaken unless the Permittee has received the express written approval of the City Council.
Approval may be granted only when the City Council has determined there is a need and the
Permittee has submitted satisfactory evidence of proper qualification, experience, knowledge of
current codes and safety procedures, and insurance coverage. The Contractor shall assume full
responsibility for any damages caused by blasting, regardless of the requirements for notification
and approval. The Contractor shall secure any required permits for blasting and shall conduct
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blasting operations in conformance with all applicable state and local laws, regulations and
ordinances.
Subd. 3: Protection of Existing Improvements. Before commencing any excavation, the
Permittee shall determine what improvements exist within the limits of the construction area and
shall make detailed arrangements with the owners thereof for the protection or replacement of
such improvements. The Permittee shall bear full responsibility for any damage to improvements
resulting from operations conducted under the issued permit.
Subd. 4: Excavations in or under City Streets and Alleys. This subdivision sets forth the
detailed requirements for excavations conducted in or under City streets, alleys, sidewalks, or
other paved surfaces within the public right of way.
a) Installation of pipes or conduits under streets surfaced with concrete or with two
or more inches of bituminous shall be done by jacking or boring whenever
possible. When installing pipes by jacking or boring extreme care shall be
exercised to assure that the soil surrounding the pipe remains in place so as to
prevent the formation of void which will result in the settlement or cave in of the
paved surface.
b) Excavation made in soil or gravel surfaced streets, streets surfaced with less than
two (2)inches of bituminous, or in alleys, may be accomplished without sheeting
or cribbing the trench, except that due dare shall be taken to protect structures and
improvements in that area.
C) Where an excavation must be made in a street surfaced with concrete or with two
or more inches of bituminous, said excavation shall be sheeted or cribbed to the
full depth of the excavation and to a point at least five feet beyond the edge of the
surface or curbing. If unusual soil conditions or other circumstances exist which
made sheeting the trench impossible or unnecessary, the Maintenance
Superintendent may at his discretion approve an alternate means of protecting the
improvements. The Permittee shall use protective planking, pads, or other
approved means for protecting those portions of the pavement not being removed
from damage by equipment. The Permittee shall repair or replace at his own
expenses any areas of the pavement or other improvements damaged by his
operations. Such repair or replacement shall comply in all respects with the terms
and conditions of this ordinance and shall meet the approval of the Maintenance
Superintendent.
d) When backfilling the excavation, backfill shall be placed in 1 foot layers and each
layer shall be thoroughly compacted utilizing compaction methods suitable for the
type of soil being placed. No concrete chunks, bituminous materials, frozen
lumps, stones exceeding 6 inches in greatest dimension, trash, or debris will be
allowed in the backfill; these materials along with any soils which cannot be
properly compacted shall be removed from the site and disposed of by the
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Permittee. The disposed of materials shall be replaced with granular soil approved
by the Maintenance Superintendent. No stones exceeding 3 inches in greatest
dimension will be permitted within 12 inches of any pipe, conduit or cable, or
within 18 inches of the street surface. All backfill material within 24 inches of the
finished surface shall be granular in nature.
Subd. 5: Installation of Sewer and Water Services. All installations of Water and/or
Sanitary Sewer service connections shall be accomplished in accordance with the applicable
provisions of the Minnesota State Plumbing Code. All materials used shall be new and shall be
approved by the Maintenance Superintendent prior to installation.
a) All Water Service Connections shall have a slight "goose neck" immediately
adjacent to the corporation stop. All taps shall be made with an approved tapping
machine under the direct supervision of the Maintenance Superintendent, who
shall be given 24 hours notice by the Permittee of his intention to tap a City
watermain. The top of all curb boxes shall be brought to grade as directed by the
Maintenance Superintendent (suitable extensions shall be used where necessary).
b) All sanitary sewer service connections shall be made to existing lines, tees or
risers where such connection points are available at a reasonably convenient
location. Where no such connection points exist at a reasonably convenient
location, the Permittee shall make the necessary tap utilizing a mechanical tapping
machine which saws the required opening in the main sewer pipe in such a
manner as to accomplish a smooth cut without cracking the pipe, and he shall then
make the service connection utilizing a pipe saddle. The pipe shall be designed for
use with the size of main sewer pipe which is being tapped and shall be of a
design which will prohibit any protrusion beyond the inside wall of the main
sewer. Pipe saddles used on vitrified clay pipe or polyvinyl chloride pipe sewer
shall be cemented to the main sewers utilizing an epoxy cement or other approved
water tight cementing agent. Pipe saddles on other types of sewer pipe shall be
attached in a manner which accomplishes a rigid and water tight connection
meeting the approval of the Maintenance Superintendent. The pipe saddle used on
any particular installation shall be designed specifically for use with the same type
of gaskets as are used on the balance of the sewer service pipe. Suitable adaptors
shall be used where the mainline sewer is of a different material type than the
proposed service line.
C) All water service and sewer service connections shall be installed with a
minimum of 8 feet of earth cover within the street right of way unless the depth of
the existing main lines makes it impossible to install the service connections at
such depth. Where it is impossible to provide 8 feet of cover at any point within
the street right of way, said service connections shall be protected by insulation in
a manner approved by the Maintenance Superintendent.
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d) In no case will the trench be backfilled until the taps, connections, and grade line
of the sewer or water services have been inspected and approved by the
Maintenance Superintendent.
Subd. 6: Restoration. Following completion of the excavation and backfill operations,
the contractor shall be responsible for restoring all improvements which were damaged or
destroyed by his operations to a condition equal to or better than their original condition.
Minimum requirements, regardless of original condition, are as follows:
a) Gravel or soil surfaced streets, alleys, and shoulder: restore by placing a minimum
of 6 compacted inches of stabilized gravel meeting Minnesota Highway
Department Specifications for Class 5 aggregate base.
b) Bituminous or concrete surfaced streets and alleys, concrete curbs, gutters,
sidewalks, medians, etc.: restore in accordance with current standards for such
construction as used by the City on its municipal improvement projects and such
special requirements as are established by the Maintenance Superintendent.
C) Boulevards, slopes, and ditches: restore with a minimum of 6 inches of black dirt
and then sod. Sod must be pegged into place to prevent washing and shall be
maintained by the Permittee or his client until satisfactory growth has been
established. Black dirt and sod must be of first quality and shall meet the approval
of the Maintenance Superintendent. The requirement to place black dirt and/or
sod may be waived by the Maintenance Superintendent if, in his opinion,
conditions are such that it is not warranted. All repaired surfaces shall blend
smoothly into the adjacent improvements and terrain.
d) Cleanup. When work is completed, all equipment, trash or debris, rocks unused
materials, etc. shall be removed from the site. Street, alley, and sidewalk surfaces
shall be swept clean.
Subd. 7: Guarantee. The Permittee shall guarantee all work for a period of one year
from the date the finished work was approved by the City. In the event a failure of any kind is
reported to the Permittee in writing within one year from the date final approval was received,
the Permittee shall, at his own expense, make the necessary repairs within 10 days of receipt of
the notice of failure.
a) If bituminous pavement settles more than 1/2 inch or concrete payment or curbing
settles more than 1/4 inch, a failure shall be declared and notice will be issued to
the Permittee. In these cases complete replacement of the pavement or curbing
will be required;patching over the top of a failure will not be allowed.
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b) Should sewer or water services installed by the Permittee leak, collapse or
otherwise fail to perform their intended function, or should a curb box shift in
such a way that the curb stop cannot be operated from the ground surface with a
standard wrench, a failure shall be declared and notice will be issued to the
Permittee.
Subd. 8: Right of the City to Complete Work. All work covered under this ordinance
shall be accomplished expeditiously until completion in order to avoid unnecessary
inconvenience to traffic or pedestrians and for the protection of other public interests. The
contractor shall state, in his application for permit, the time which he estimates will be required
to complete the work. Upon review of the application, the City shall have the right to amend the
time requested and issue the permit so as to allow the minimum amount of time which he
determines will reasonably be required for such work. The time allowed for completion shall be
extended as necessary if it is found that it is not possible to complete the work within the time
allowed.
a) In the event that the work is not being accomplished expeditiously, or if work on
an excavation is ceased or abandoned without due cause, the City may, after 24
hours written notice to the holder of the permit of the City's intention to do so,
have City Forces, as hereinafter defined, correct said work, backfill the excavation
and effect all restoration as required by this ordinance.
b) In the event failure occurs within one year of the date of final acceptance and the
Permittee is notified of such failure, he shall accomplish the required repair within
10 days of receipt of said notification. Therefore, if said work has not been
accomplished, the City may have City Forces accomplish the work required.
C) In the event City Forces accomplish work in accordance with either of the above
provisions, the entire cost of such work, including any materials used therefore,
shall be a liability of the Permittee. The cost of such work shall be deducted from
the cashier's check deposited with the City Administrator/Clerk at the time the
permit was issued. Should the cost of such work exceed the deposited amount, the
difference shall be billed to the Permittee. If payment is not received within 30
days of the billing date, no additional permits shall be issued to said Permittee
until payment has been made by the Permittee including interest accruing at a rate
of I%per month.
d) If the Maintenance Superintendent determines that an emergency exists due to a
failure or for any other reason that immediate action is required to protect life
and/or property, she/he shall have the right to effect repairs with City Forces
without prior notice to the Permittee;provided however, that the Permittee shall
be notified as soon as practicable after the repairs have been made.
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e) The term "City Forces" shall be construed to mean City employees and, where the
work to be performed is beyond the capability of City employees due to lake of
available materials, equipment, skill, or time, other individuals or contractors
hired by the City.
Section 507.06: NON COMPLIANCE, VALIDITY, OTHER AUTHORITY.
Subd. 1: Non Compliance. Violation of any of the provisions of this ordinance shall
constitute a misdemeanor and shall be subject to the penalties provided for misdemeanors by the
law. After a conviction for violation of any provision of this ordinance becomes final, the
continued violation of such provision shall constitute a separate offense for each day such
violation shall continue to exist, and if such non compliance is not corrected within twenty (20)
days after such conviction has become final, the Permittee shall not thereafter be allowed to
secure additional excavation permits until he has received the written approval of the City
Council to do so.
Subd. 2: Validity. Should any section or provision of this ordinance be held to be
unconstitutional or invalid by any court, all other sections or provisions shall, nevertheless, be
deemed effective and valid as though such unconstitutional or invalid section or provision had
never been inserted in this ordinance.
Subd. 3: Other Authority. The issuance of a permit under this ordinance in no way
relieves the Permittee from obtaining necessary approval to excavate from other individuals or
units of government having jurisdiction. Where the excavation is to take place on Federal, State,
or County Highway right of way, on road or street right of way which falls in part under
township jurisdiction, or on property where valid jurisdiction is held by persons or governmental
bodies other than the City of St. Joseph, the Permittee shall obtain necessary approval from the
proper person, agency, or governmental body having jurisdiction.
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