TITLE VI PHYSICAL ENVIRONMENT
CHAPTER 6 STREET CUTS AND EXCAVATIONS
Excavating within the right-of-way of public streets and alleys, and of public grounds,
and the cutting of surfacing or pavings ofthe traveled way therein, shall not be
done by any person, firm, association, or corporation without obtaining a permit
from the City Clerk. (Code of Iowa, Sec. 364.12(2))
No person shall commence excavation in any public street or public ground until
that person has applied to the City Clerk for an excavation permit. Such application
shall indicate the location of the excavation, the name and address of the applicant
who is to do the work, whether public liability insurance is in force, and that
the applicant has checked the underground map of all utilities, and other owners
of underground facilities, and that the applicant has notified those persons or
companies of the time that excavation will commence. The making of an application
shall be deemed notice to the City of the plan to cut the street surfacing or pavements,
and to obstruct the public way. Such permits shall not be valid until six hours
after receipt unless the Clerk waives this requirement.
In an emergency, authorized persons or companies may commence excavations provided
that they shall have made a reasonable effort to inform the City and the utilities
whose underground utilities might be involved in any way, and those involved in
the excavation shall make written application at the earliest practicable moment.
The Clerk may provide on the form for the certification that the applicant has notified
all utilities and other parties required by this Ordinance.
Any person, firm, partnership, limited liability company, or corporation cutting
a pavement or surfacing or excavating in the streets shall erect suitable barricades,
maintain warning lights from sunset to sunrise each night, and take such other precautions
as necessary for the safety of the public, whether vehicles or pedestrians. Vehicles,
equipment, materials, excavated material, and similar items shall likewise be protected
by lights and warning devices, such as traffic cones, flags, etc. Where traffic
conditions warrant, the party excavating may be required to provide flagmen, if
in the judgment ofthe Chief of Police the public safety requires it. Compliance
with City Ordinances and regulations shall not be deemed to waive the requirements
that the party excavating shall comply with all the requirements ofthe labor safety
laws and the rules ofthe Iowa Department of Labor, nor shall any failure be deemed
a responsibility ofthe City.
Any person excavating in the streets shall be responsible for the backfilling of
the excavation in accordance with City specifications and the restoration of the
pavement or surfacing to as good a condition as that existing prior to the excavation.
If any excavator fails to backfill or restore the pavement or surfacing properly
within forty-eight hours ofthe completion ofthe underground work, the City reserves
the right to backfill and resurface or install new paving and charge the cost thereof
to the party excavating. If any backfilling or pavement or surfacing restoration
is not in accordance with the City specifications, the Superintendent is authorized
to remove such material as is necessary and to backfill and restore the pavement
or surfacing properly and charge the cost thereof to the party excavating.
The City Council may by resolution establish such rules and regulations for the
manner of making cuts and related matters involving excavations.