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Willard aldermen open first reading of excavation permitting ordinance after contractor complaints
Summary
The board introduced a first-reading ordinance increasing insurance requirements, setting permit scope and bonding tiers, and adding penalties and daily fines for unsafe excavation and incomplete site restoration.
The Board of Aldermen in Willard opened a first reading of an ordinance to revise the city's excavation and permit code, adding minimum insurance, bonding requirements, limits on permit scope and daily penalties for noncompliance.
Why it matters: city staff said the proposed changes respond to a communications contractor that installed long runs of cable without proper permitting and left open excavations, prompting complaints and infrastructure damage. The changes aim to reduce safety risks, protect utilities and give the city remedy through bonds and fines.
Key provisions presented (first reading)
- Insurance: the draft sets a minimum liability insurance requirement of $500,000 per occurrence for property damage, personal injury or wrongful death; the presenter said this reflects common state expectations.
- Permit scope: a single permit will be valid for up to 1,000 feet of installed infrastructure (cable, conduit, electric, etc.). Contractors may apply for additional permits for larger projects.
- Bonding: a minimum bond of $5,000 per project is required; larger projects may require bonds up to $500,000 depending on scope.
- Site restoration and daily obligations: open excavations must be backfilled or secured by 5:00 p.m. each day; public works will perform final inspections and the city will hold bonds for 12 months following final approval to monitor settling.
- Penalties: the ordinance proposes fines of $100 to $500 per violation per day. If public works must clean up materials left in the public way, the city may recover three times the labor-and-materials cost or $500, whichever is greater.
Discussion and concerns
City staff described multiple incidents in which a communications contractor worked in several locations, left holes open overnight and reportedly did not use spotters while operating equipment near utility easements. Staff cited the 811 guidance about spotting and digging near utilities and said the ordinance clarifies expectations that contractors must use caution, even when operating more than 24 inches from marked utilities.
Aldermen discussed whether bond amounts should be tiered by footage and asked staff to verify insurance limits. City staff said they would review insurance figures and bring any recommended adjustments back to the board.
What the board did not do
This was a first reading; no final vote was taken. Staff and aldermen requested additional review and a tiered-bonding approach to match project scope before a subsequent vote.
Ending: City staff will refine the draft to address tiered bonding, insurance limits and any statutory references, then return the ordinance for additional consideration.
