Streets and Excavations

Streets and alleys in home rule cities - see M.C.L.A. Sees. 117.4d, 117.4e, 117.4h

Method of turning at alleys, private driveways and roads - see TRAF. 410.04(U.T.C. 5.32)

(a) "Street" means all of the land lying between property lines on either side of all streets, alleys and boulevards in the City and includes lawn extensions and sidewalks and the area reserved therefor where the same are not yet constructed.

(b) "Department" means the Department of Public Works of the City.

1020.02 EXCAVATIONS, DAMAGE AND OBSTRUCTIONS; OBJECTS SUSPENDED ABOVE PUBLIC WAYS.

(a) No person shall make an excavation in, or cause any damage to, a street in the City, except under the conditions and in the manner permitted in this chapter. No person shall place any article, thing or obstruction in any street, except under the conditions and in the manner permitted in this chapter. However, this provision shall not prohibit such temporary obstructions as may be incidental to the expeditious movement of articles and things to and from abutting premises, no shall if prohibit the lawful parking of vehicles within the part of the street reserved for vehicular traffic.

No person shall suspend anything above any sidewalk or within any street area unless expressly authorized by this chapter, provided that the City Commission, when in its opinion public safety requires it, may authorize the erection of fire escapes or similar devices by resolution. This chapter shall not apply to awnings or marquees when no part thereof is less than seven feet above the sidewalk grade.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.03 PERMITS; FEES; INSURANCE.

Permits that are authorized in this chapter shall be obtained upon application to the Director of Public Works upon such forms as he prescribes and there shall be a charge for each such permit as set forth in the schedule provided for in Section 802.24, except as otherwise provided by resolution of the City Commission. Such permits are revocable by the Director for failure to comply with any of the provisions of this chapter, rules and regulations adopted pursuant hereto and the lawful orders of the Director or his duly authorized representative and shall be valid only for the period of time endorsed thereon. Application for a permit under this chanter shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the City in connection therewith, repair all damage done to the street surface and installations on, over or w thin such street, including trees, and protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injuries to persons or property resulting from the work done under the permit or in connection therewith. Liability insurance policies that are required to be filed in making application for a permit shall be in minimum amounts set forth in the schedule provided for in Section 802.24 of the Business Regulation and Taxation Code, except as otherwise specified in this chapter.

Where, in the opinion of the Director, a greater risk is involved, higher limits of coverage may be required up to the maximum limits above specified.

A duplicate copy of the original insurance policy, approved as to form by the City Attorney, shall be filed with the City Clerk. Where cash deposits are required with the application for any permit hereunder, such deposit shall be in an amount prescribed by the City Commission, except as otherwise specified in this chapter. Such deposit shall be used to defray all expenses to the City arising out of the granting of the permit and work done under the permit or in connection therewith. Six months after the completion of the work done under the permit, any balance of such cash deposit which is unexpended shall be refunded. In any case where the deposit does not cover all expenses of the City, the deficit shall be paid by the applicant.

1020.04 STREET OPENINGS; PERMIT REQUIRED.

No person shall make an excavation or opening in or under a street right of way without first obtaining a written permit therefor from the Director of Public Works. No permit shall be granted until the applicant posts a cash deposit and files a liability insurance policy as required by Section 1020.03. A pers in who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

(a) Street Excavations. No permit shall be granted for making an excavation or opening within the limits of a street which will result: n permanent or prolonged interference with public use of the streets.

(b) Manholes. No permit shall be issued for manholes in any street, except for public utility uses and openings for fuel supply.

1020.05 EMERGENCY OPENINGS.

The Director of Public Works may, if public safety requires immediate action, grant permission to make a necessary street opening in an emergency, provided that a permit is obtained on the following business day and that this chapter is complied with.

1020.06 BACKFILLING.

(a) All trenches in a public street or other public place, except by special permission, shall be backfilled in accordance with regulations adopted pursuant to this chapter. Any settlement shall be corrected within four hours after notification to do so. (1975 Code See. 4.6)

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.07 UTILITY POLES.

(a) Utility poles may be placed in such streets as the Director prescribes and shall be located thereon in accordance with the directions of the Director of Public Works. Such poles shall be removed or relocated as the Director from time to time directs. Where utility easements exist at the rear of lots, poles shall be located in such easements, if, in the opinion of the Director, it is feasible to do so.

(b) No person shall erect either poles or wires for telephone, telegraph or power distribution purposes on the following streets: Michigan Avenue from Division Street to Washington Avenue; Capital Avenue from the Battle Creek River to the right of way of the Grand Trunk Western Railroad Company; and McCamly Street from the Battle Creek River to Hamblin Avenue.

(c) For the purpose of conveying its police and fire alarm wires, the City reserves the right and shall have the privilege of occupying one duct in each conduit now constructed or which may hereafter be constructed for conducting telephone or telegraph wires or cable within the City. The City may also string such wires upon any poles now erected and in place or which may be hereafter erected and placed within the City for the same purpose, all of which shall be without cost to the City. Free access to all manholes shall be available to all duly authorized agents and employees of the City. (Adopting Ordinance)

(d) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.08 MAINTENANCE OF INSTALLATIONS IN STREET.

(a) Every owner of, and every person in control of, any estate hereafter maintaining a sidewalk vault, coal hole, manhole or any other excavation, or any post, pole, sign, awning, wire, pipe, conduit or other structure in, under, over or upon any street which is adjacent to or a part of his or her estate, shall dc so only on the condition that such maintenance is considered an agreement on his Dr her part with the City to keep the same and the covers thereof, and an gas and electric boxes and tubes thereon, in good repair and condition at all times during his or her ownership or control thereof and to indemnify and save harmless the City against all damages or actions at law that may arise or be brought by reason of such excavation or structure being under, over, in or upon the street or being unfastened, out of repair or defective during such ownership or control.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.09 NOTICE OF RESURFACING.

Whenever the City Commission determines to pave or resurface any street, the Director of Public Works shall, not less than thirty days prior to commencement of construction, serve notice upon all public utilities, requiring them to install and repair all necessary underground work in advance of the paving or resurfacing.

1020.10 SEWER AND WATER CONNECTIONS.

When such paving or resurfacing is ordered or declared necessary by the City Commission, such sewer and water connections as are necessary shall be installed in advance of such paving or resurfacing. The cost thereof shall be charged against the premises adjacent thereto, or to be served thereby, and against the owner of such premises. Where such paving or resurfacing is financed in whole or in part by special assessment, the cost of such sewer and water connections may be made chargeable against the premises served or adjacent thereto, as a part of e spacial assessment for such paving or resurfacing. Where such paving or resurfacing is financed otherwise than by special assessment, the cost of the sewer and water connections so installed shall be a lien on such premises adjacent thereto, or to be served thereby, and shall be collected as provided for assessments on single lots pursuant to the provisions of the City Charter.

1020.11 DETERMINATION OF NECESSITY; NOTICE TO ABUTTING PROPERTY OWNERS.

The necessity for such sewer and water connections shall be determined by the Director of Public Works. Such determination shall be based upon the size, shape and area of each abutting lot or parcel of land, the lawful use of such land under the Zoning Code, the character of the locality and the probable future development of each abutting lot or parcel of land. The Director shall give written notice of the intention to install such sewer and water connections and to charge the cost of the same to the premises, to each owner of the land abutting the street, to be furnished with such connections, as shown by the records of the City Assessor, in accordance with Section 202.04 of the Administration Code. Any owner objecting to the installation of any such sewer or water connection shall file his or her objections, in writing, within seven days after service of such notice, with the Director who shall, after considering each such objection made in writing, make a final determination of the sewer and water connections to be installed.

1020.12 PROHIBITED OPENINGS.

No permit to make an opening or excavation in or under a paved street shall be granted to any person within two years after the completion of any paving or resurfacing thereof. If a street opening is necessary as a public safety measure, the Director of Public Works may suspend the operation of this section as to such street opening. The City Commission, may, by resolution, set a fee for a street opening to be made up to ten years after paving or repaving.

1020.13 BARRICADES AND WARNING LIGHTS.

(a) All openings, excavations and obstructions shall be properly and substantially barricaded and railed off and at night shall be provided with prescribed warning lights. Warning lights which are perpendicular to the now of traffic shall not be more than three feet apart and lights which are parallel to the flow of traffic shall not be over fifteen feet apart.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.14 SHORING EXCAVATIONS.

(a) All openings and excavations shall, where necessary, be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which would tend to injure the thoroughfare or subsurface structure of the street. (1975 Code Sec. 4.29)

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.15 REMOVAL OF ENCROACHMENTS.

Encroachments and obstructions in a street may be removed and excavations refilled. The expense of such removal or refilling shall be charged to tie abutting land owner when made or permitted by him or suffered to remain by him, otherwise than in accordance with this chapter. The procedure for collection of such expenses shall be as prescribed in Chapter 216 of the Administration Code.

1020.16 TEMPORARY STREET CLOSINGS.

The Director of Public Works shall have authority to temporarily close any street or portion thereof when he deems such street to be unsafe or temporarily unsuitable for use. He shall cause suitable barriers and signs to be erected on such street, indicating that the same is closed to public travel. When any street or portion thereof is closed to public travel, no person shall drive any vehicle upon or over such street except when such travel is necessarily incidental to any street repair or construction work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without the authorization of the Director.

1020.17 PARADES; PERMIT REQUIRED.

(a) No person shall conduct a parade upon any street without first obtaining a permit therefor. Such permits shall be issued only upon the authority of the City Manager. The fee for such permit shall be as set forth in the schedule provided for in Section 802.24 of the Business Regulation and Taxation Code and shall take into consideration the traffic, time of day and route over which the parade is proposed to travel.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.18 LOAD SECURITY.

(a) No person shall drop, leave or scatter on any sidewalk, park, alley or roadway in the City any coal, sand, dirt, gravel, brick, scrap materials or any other material or substance that is being hauled or carted about in a truck, trailer, wagon or cart or any other vehicle.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1020.19 IMPROVEMENT STANDARDS.

The Uniform Criteria for Major Streets adopted in 1974 by the Michigan Department of State Highways and Transportation is hereby accepted by the City and the requirements thereof shall be complied with.

1020.99 PENALTY.

A person who violates any of the provisions of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in Section 202.99.

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Streets and Excavations

Codified Ordinances of Battle Creek

CHAPTER 1020