§ 49-202. Excavation and backfill of street cuts.

(a)

All street cuts performed in city rights-of-way shall be done in conformity with the rules and regulations of the manager which shall provide for the proper care and protection of the streets, alleys, sidewalks and other public places of the city and persons and property either on the public right-of-way or adjacent thereto.

(b)

Excavations and backfills shall be made in accordance with the plans and specifications furnished by the applicant which:

(1)

Are prepared in accordance with accepted engineering standards;

(2)

Are adapted to the particular conditions of travel, load requirements, terrain, subsoil, moisture, etc., where the excavation backfill is to be performed; and

(3)

Are approved by the manager.

(c)

Where a permit has been issued, or where an excavation has been done under subsection 49-193(e), the excavator shall notify the manager of the time and date of the backfilling of the excavations will commence. In the event the manager determines that the permittee is not using acceptable backfill materials or acceptable backfilling procedures, he/she may order the suspension of all work at the site. The manager may require the permittee to furnish a soil test by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics in order to determine whether the backfill for the excavation was adequately compacted. All expense of such tests shall be borne by the permittee, and surface repair shall not commence until the manager is satisfied that the backfill has been restored to a density condition meeting the requirements of the rules and regulations adopted by the manager.

(d)

The permittee shall repair any damage caused by the work performed under this article including, but not limited to, reestablishing any grass or sprinkler system damaged as a result of work performed by the permittee in accordance with specifications adopted by the manager. Where existing topsoil is deemed of insufficient quality, the manager may require the top six (6) inches be replaced with new topsoil.

(Ord. No. 492-91, § 1, 7-1-91)