§ 30.013. Street openings; permit required.

Sec. 4.3.

A.

No person shall make any opening or excavation in or under any street nor construct or change any driveway approach or do any work under or within the limits of any street without first obtaining a permit from the Director of Public Works. No permit shall be granted until the plans and specifications for the work proposed to be done shall have been approved by the Director of Public Works. In case of emergency occurring after office hours, at night, or on a Sunday or legal holiday, when immediate excavation may be necessary for the protection of public or private property, the Director of Public Works shall be notified and requested to grant permission to make the necessary excavation upon the express condition that an application be made for a permit on or before noon of the next business day.

B.

Any public utility operating under the jurisdiction of the Michigan Public Service Commission, upon written application and upon filing a certificate of insurance and payment of an annual fee as provided, may be granted a permit for the installation, replacement or repair of any underground facilities in a public street for a period of one year. Any public utility which has not procured an annual permit may be issued permits and shall pay the regular permit fee.

C.

The issuance of a permit under this section shall be contingent upon fulfillment of the following conditions:

1.

During the duration of the operations, the applicant shall agree to keep the operations barricaded, lighted at night, and otherwise protected as required by the Director of Public Works to secure the safety of the public and property. If operations take place in a street, all barricading and signing shall be in accordance with the Michigan Manual of Uniform Traffic Control Devices.

2.

The application shall be accompanied by the fee to reimburse the City for the costs of inspection and supervision.

3.

The applicant shall agree to complete operations within the time specified in the permit.

4.

Before any permit is issued, the Director of Public Works shall require from all applicants, such public liability and property damage insurance as shall protect the applicant and the city from claims for damages for personal injury, including wrongful death, as well as claims for property damage. The policy shall name the City as an additional insured. A copy of the certificate of insurance shall be provided to the City. Amounts of such insurance shall be established by resolution of the City Council. Any person other than utility companies doing excavation work in any City street shall provide the City with a surety bond in the amount of $5,000.00, guaranteeing that the contractor will complete the work in accordance with all ordinances and the plans and specifications as approved by the Director of Public Works.

(Title IV, Chap. 26 eff. July 22, 1962; amend. by ord. no. 2010-3, adopt. July 12, 2010/eff. Aug. 6, 2010)