K-5 EXCAVATION AFFECTING STREETS

K-5-1 DEFINITIONS

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number. The word “shall” is mandatory.

A. “Applicant” shall mean any person making written application to the Director of Public Works or his designee for an excavation permit hereunder.

B. “City” shall mean the City of Fort Pierre.

C. “City Council” or “Council” shall mean the City Council of the City of Fort Pierre.

D. “Excavation work” shall mean the excavation and other work permitted under an excavation permit and required to be performed under this ordinance.

E. “License” shall mean written permission from one landowner to an adjoining property owner to enter upon such person’s land for the purpose of taking appropriate protective measures to ensure that no injury to any adjoining property occurs as a result of any excavation work as defined in this chapter. If such license is not obtainable from the adjoining property owner, in a situation of immediate public emergency representing a threat to public health and safety, the person performing such excavation work may obtain a license from the Director of Public Works or his designee, which license shall authorize him to enter the private premises solely for the purpose of making the property safe.

F. “Permittee” shall mean any person who has been granted and has in full force and effect an excavation permit issued hereunder.

G. “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

H. “Street” shall mean any street, highway, sidewalk, alley, avenue, or other public way or public grounds in the City.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-2 PURPOSE

The purpose of this chapter shall be to establish rules and regulations concerning the excavation within streets located within the City of Fort Pierre.

Authority: SDCL 9-30-1, 9-45-1

K-5-3 EXCAVATION PERMIT

It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine, or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit, or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person, to include both contractor and owner jointly, shall first have obtained an excavation permit from the Director of Public Works or his designee, and have paid the permit fee as per schedule provided in chapter S-1, and notify the statewide “One Call” system.

Source:

Authority: SDCL 9-30-1, 9-45-1, 31-33-10, 49-7A-14

Cross Reference: ch. K-5, S-1

K-5-4 ROUTING OF TRAFFIC

The permittee shall take appropriate measures to ensure that during the performance of the excavation work traffic conditions are maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The Director of Public Works or his designee may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary to reasonably protect the safety of residents, pedestrians, or other persons. The permittee shall route and control traffic, including his own vehicles, as directed by the City law enforcement authority. The following steps shall be taken before any highway may be closed or restricted to traffic:

A. The permittee must receive the approval of the Director of Public Works or his designee and City law enforcement authority.

B. The permittee must notify the chief of the fire department of any street so closed.

C. Upon completion of construction work the permittee shall notify the Director of Public Works or his designee and City law enforcement authority before traffic is moved back to its normal flow so that any necessary adjustments may be made.

D. Where flagmen are deemed necessary by the Director of Public Works or his designee, they shall be furnished by the permittee at the permittee’s own expense. Through traffic shall be maintained without the aid of detours when possible. In instances in which this would not be feasible the Director of Public Works or his designee will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours at the permittee’s expense. If there are no existing highways, the permittee shall construct all detours at his own expense and in conformity with the specifications of the Director of Public Works or his designee. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1

K-5-5 CLEARANCE FOR FIRE EQUIPMENT

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen (15) feet of fire plugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-33-11

K-5-6 PROTECTION OF TRAFFIC AND PUBLIC SAFETY

The permittee shall at all times make the construction site safe and free from health or safety hazards and shall provide all personnel, equipment, and materials as may be required for this purpose. Under emergency situations, the permittee will be responsible for carrying out all emergency measures necessary to maintain safe and healthful conditions at the site. Costs of equipment, personnel, and materials necessary to maintain healthy, safe conditions at the site shall be the responsibility of the permittee. All work performed by the permittee will be conducted in compliance with all applicable city, state, and federal health and safety requirements.

In the event a street, alley, or sidewalk must be closed for public use, the permittee shall file a written plan of the closing of said right-of-way with the Director of Public Works or his designee prior to such closing. The plan shall include, but not be limited to alternate routes, barricades, construction signs, and flashing lights necessary to protect the traveling public.

Authority: SDCL 9-29-1, 9-45-1, 9-51-1

K-5-7 REMOVAL AND PROTECTION OF UTILITIES

The permittee shall give reasonable notice to the owner or owners of public or privately owned utilities to ensure that the owner or owners of such utility or other property may locate, remove, or protect the same.

The permittee shall not interfere with any existing utility easement without the written consent of the Director of Public Works or his designee and the utility company or person owning the utility easement. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless the permittee makes other arrangements with the person owning the utility. The permittee shall use every precaution to prevent harm or accident to property, pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain, and protect them under, over, along, or across said work. If any of said pipes, conduits, poles, wires, or other apparatus are damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his bond shall be liable therefore. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking or damage of any water pipes, sewer, gas pipe, electric conduit, or other utility and such person and his bond shall be liable therefore.

Source:

Authority: SDCL 9-29-1, 9-45-1, 11-6-29, 49-7A-2

K-5-8 PROTECTION OF ADJOINING PROPERTY

Any person requesting an excavation permit as described in K-5-3 who is excavating within an area determined by the Director of Public Works or his designee to be within the public right-of-way shall, before obtaining a permit, notify the abutting landowner of such excavation and gain permission from the abutting landowner for said excavation. Permission and written authorization from the abutting landowner must be presented to the Director of Public Works or his designee by the proposed excavator before any such excavation permit will be granted. If permission is not granted by the abutting landowner and the Director of Public Works or his designee deems the excavation to be considered an emergency, the Director of Public Works or his designee, at his discretion, may allow the permit to be granted. Whenever it may be necessary for the permittee to trench through any lawn area or any portion of the public right-of-way behind the curb, lawn sprinkler systems shall be repaired if damaged and the sod shall be carefully cut and rolled and replaced after ditches have been back-filled as required in this ordinance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property, the Director of Public Works or his designee.

Source:

Authority: SDCL 9-29-1, 9-33-4. 9-45-1, 43-16-2, 49-7A-14

K-5-9 PROTECTIVE MEASURES, BARRICADES, AND WARNING SIGNS

The permittee shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and all other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades and obstructions shall be illuminated during hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The permittee shall erect warning signs in advance of any place on the project where operations may interfere with the use of the road by traffic, and at all intermediate points where the new work crosses or coincides with an existing road.

All barricades, warning signs, lights, temporary signals, and other protective devices must conform with the current FHWA Manual on Uniform Traffic Control Devices (MUTCD).

Source:

Authority: SDCL 9-29-1, 9-30-2, 9-45-1, 9-51-1

K-5-10 ATTRACTIVE NUISANCE

It shall be unlawful for the permittee to permit to remain unguarded any place of excavation or opening, any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and be hazardous to their safety or health.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1

K-5-11 CARE OF EXCAVATED MATERIAL

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in compliance with city, state, and federal laws and City standards or as specified in a permit obtained from the City.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1

K-5-12 DAMAGE TO EXISTING IMPROVEMENTS

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the Director of Public Works or his designee shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee, and the permittee shall also be liable on his bond therefor.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1

K-5-13 PROPERTY LINES AND EASEMENTS

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit. It shall be the permittee’s responsibility to confine excavation work within these limits.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-14 CLEAN-UP

As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director of Public Works or his designee. From time to time as may be ordered by the Director of Public Works or his designee and in any event immediately after completion of said work, the permittee shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from said work; upon failure to do so within twenty-four (24) hours after having been notified to do so by the Director of Public Works or his designee, said work may be done by the Director of Public Works or his designee and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.

Source:

Authority: SDCL 9-30-1, 9-30-2, 9-45-1

K-5-15 PROTECTION OF WATER COURSES

The permittee shall provide for the flow of all water courses, sewers, or drains intercepted during the excavation work and shall replace the same in as good condition as he found them or shall make such provisions for them as the Director of Public Works or his designee may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mulch, silt, slickings, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. The disposal of any such water or other excess material shall be in compliance with all city, state, and federal environmental laws and not in violation of City sewer regulations and ordinances.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-16 BREAKING THROUGH THE PAVEMENT

Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four (4) feet or over in depth, the pavement in the base shall be removed at least 6 (six) inches beyond the outer limits of the sub-grade that is to be disturbed in order to prevent settlement, and a six (6) inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-17 TUNNELS

Tunnels under pavement shall not be permitted except by permission of the Director of Public Works or his designee and, if permitted, shall be adequately supported by timbering and back-filling under the direction of the Director of Public Works or his designee. Borings under City streets shall not be permitted except by permission of the Director of Public Works or his designee.

Source:

Authority: SDCL 9-30-1

K-5-18 BACK-FILLING

Back-filling shall be done pursuant to City standards.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-19 BACK-FILL MATERIAL

Back-fill material used shall be in compliance with City standards.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-20 BACK-FILLING AT THE SURFACE

Back-filling at the surface shall be in compliance with City standards.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-21 RESTORATION OF SURFACE

Restoration of the surface shall be in compliance with City standards.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-22 CITY’S RIGHT TO RESTORE SURFACE

If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Director of Public Works or his designee, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all fees, expenses, and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited pursuant to license requirements.

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two (2) years after restoring it to its original condition.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-23 TRENCHES IN PIPE LAYING

Excavations of trenches shall be in compliance with City standards.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-24 PROMPT COMPLETION OF WORK

The permittee shall perform with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the excavation permit therefor.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-25 URGENT WORK

If, in the judgment of the Director of Public Works or his designee, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Director of Public Works or his designee shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-26 EMERGENCY ACTION

In the event of any emergency in which a sewer, main, conduit, or utility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any individual, the person owning or controlling such sewer, main, conduit, or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health, and safety of individuals. Such person owning or controlling such facility involved in an emergency action shall first notify the State “One-Call” system and then apply for an excavation permit not later than the end of the next succeeding day during which the Public Works Department is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1

K-5-27 NOISE, DUST AND DEBRIS

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable or unsightly debris in conformance with all state and federal environmental requirements. During the hours of 10 p.m. and 7 a.m., no tool, appliance, or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property during such time period shall be used except with the express written permission of the Director of Public Works or his designee or in case of an emergency as herein otherwise provided,

Source:

Authority: SDCL 9-29-13, 9-30-1, 9-45-1

K-5-28 PRESERVATION OF MONUMENTS

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work unless ordered to do so by the Director of Public Works or his designee.

Source:

Authority: SDCL 9-29-1, 9-30-1, 9-45-1, 43-18-3, 43-18-4

K-5-29 INSPECTIONS

The Director of Public Works or his designee shall make such inspections as are reasonably necessary in the enforcement of this chapter. The Director of Public Works or his designee shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this ordinance.

Source:

Authority: SDCL 9-14-27, 9-30-1, 9-45-1

K-5-30 MAINTAIN DRAWINGS

Users of sub-surface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures including abandoned installations. Corrected maps shall be filed with the Director of Public Works or his designee within thirty (30) days after new installations, changes, or replacements are made.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-31 ORDINANCE NOT APPLICABLE TO CITY WORK

The provisions of this chapter relating to permits shall not be applicable to any excavation work under the direction of competent City authorities by employees of the City or by any contractor of the City performing work for and on behalf of the City necessitating openings or excavations in streets. Openings or excavations in new pavement under this section must first be approved by the City Council, except in cases deemed an emergency by the Director of Public Works or his designee.

Whenever the City Council enacts any ordinance or resolution providing for the paving or repaving of any street, the Director of Public Works or his designee shall promptly mail a written notice thereof to each person owning any sewer, main, conduit, or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that no excavation permit, other than for emergency repairs, shall be issued for openings, cuts, or excavations in said street for a period of five (5) years after the date of enactment of such ordinance or resolution except in extraordinary circumstances approved by the Council. Such notice shall also notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than ninety (90) days from the date of enactment of such ordinance or resolution. The Director of Public Works or his designee shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to State agencies and City departments or other persons that may desire to perform excavation work in said City streets.

Within said ninety (90) days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this ordinance, as may be necessary to install or repair sewers, mains, conduits, or other utility installations. In the event any owner of real property abutting said street shall fail within said ninety (90) days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts, or excavations in said street shall be forfeited for a period of five (5) years from the date of enactment of said ordinance or resolution. During said five (5) year period, no excavation permit shall be issued to open, cut, or excavate in said street unless in the judgment of the Director of Public Works or his designee, an emergency as described in this ordinance exists which makes it absolutely essential that the excavation permit be used and the permit is approved by the Council.

Every City department or official charged with responsibility for any work that may necessitate any opening, cut, or excavation in said street is directed to take appropriate measures to perform such excavation work within ninety (90) days from the date of enactment of an ordinance or resolution providing for the paving or repaving of any street so as to avoid, if possible, the necessity for making any openings, cuts, or excavations in the new pavement in said city street during said five (5) year period.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-32 PUBLIC SERVICE COMPANIES

All persons operating public utilities in the City under franchises granted by the City and having the right, either by general or special permission, to enter upon streets and open and excavate pavements, sidewalks or disturb the surface thereof by excavation or other work, shall be required to apply for a permit and shall be required to perform the work and bring it to completion as promptly as practicable and, to that end, shall employ an adequate standing force. Any person operating any such public utility shall comply with other requirements of this chapter.

Source:

Authority: SDCL 9-30-1, 9-45-1

K-5-33 LIABILITY OF CITY

This chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work.

Source:

Authority: SDCL 9-30-1, 9-45-1