City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents

Section 510.010 Permits Required — Community Development Director To Issue.

[R.O. 2006 §530.010; Ord. No. 300 §1, 5-17-1971; Ord. No. 3019 §2, 4-23-2009]
A. 
It shall be unlawful for any person, firm or corporation to excavate in or under any street, highway, boulevard, avenue, roadway, sidewalk, alley or any other public highway without first having obtained a permit from the Community Development Director or his/her designee.
B. 
The Community Development Director or his/her designee shall consider all applications for permits to excavate in or under any street, highway, boulevard, avenue, roadway, sidewalk, alley or any other public highway and shall issue same if in his/her opinion the party applying therefore has complied with all ordinances and regulations of the City of Fenton relating thereto and if, in his/her opinion, the excavation is necessary. Each separate and distinct excavation shall require a separate permit.

Section 510.020 Applications For Permits — Deposits — Forfeiture.

[R.O. 2006 §530.020; Ord. No. 976 §1, 3-16-1987; Ord. No. 1629 §1, 9-21-1992; Ord. No. 3019 §3, 4-23-2009]
A. 
Applications for excavation permits shall be made in writing, and before the permit is issued the applicant shall furnish proof of adequate liability insurance for protection of the City against all claims for damage from the prosecution of the work, shall deposit with the City a sum adequate to pay the City for damages which may occur after restoring the site, and shall pay to the Community Development Department, to be turned in to the City Treasury, a sum of twenty dollars ($20.00) to cover the cost of permit and an additional sum of twenty-five dollars ($25.00) for the inspection fee.
B. 
No person, firm or corporation shall receive any permit to excavate under any street, highway, boulevard, roadway, avenue, sidewalk, alley or other public thoroughfare until he/she has first deposited with the City Administrator an amount of cash as required by the Community Development Department after considering all relevant factors, which deposit will remain with the City Administrator until such street, highway, boulevard, roadway, avenue, alley, sidewalk or other public thoroughfare has been restored to as good a condition as it was previous to such excavation being made and until notified by the Community Development Department that such street has been restored to the City specifications.
C. 
If such deposit is insufficient to cover the cost of any damages created by the construction, the costs in excess of the deposit shall be charged to the applicant.
D. 
No person, firm or corporation shall commence any excavation work unless such person, firm or corporation has applied for, been approved for and received an excavation permit from the City.
E. 
Failure of any person, firm or corporation to contact the Community Development Department for an inspection within a reasonable time, as determined by the permit issued for the excavation, after completion of the work, to ensure that the thoroughfare has been restored to as good a condition as it was previous to such excavation being made, shall result in a forfeiture of such deposit to the City's General Revenue Fund and the money shall be used to properly repair the same.

Section 510.030 Standing Deposits — When.

[R.O. 2006 §530.030; Ord. No. 300 §3, 5-17-1971; Ord. No. 1629 §1, 9-21-1992]
A. 
Any person, firm or corporation having occasion to make frequent excavations in the streets, highways, alleys or other public thoroughfares in the City of Fenton, shall, in lieu of the deposit required in Section 510.020 of this Chapter, keep a standing deposit with the City Administrator of five hundred dollars ($500.00) to cover the restoration of any street, road, alley or other public thoroughfare where the excavation shall not exceed the width of such street, road or alley, which said deposit shall be subject to all the conditions of Section 510.020 except that said deposit shall be at all times maintained at five hundred dollars ($500.00).
B. 
For all excavations exceeding in length the width of the street, road, alley or other public thoroughfare on which excavations are made, such person, firm or corporation shall in lieu of the deposit required by Section 510.020, keep a standing bond in the sum of three thousand dollars ($3,000.00) on file with the City Clerk, conditioned to restore such streets, roads, alleys or other public thoroughfares as required by Section 510.020 and such bond before being accepted by the City to be approved by the Mayor.

Section 510.040 Placement of Materials — Width and Length of Excavation — Prevention of Caving.

[R.O. 2006 §530.040; Ord. No. 300 §4, 5-17-1971]
In the making of excavations in any street or public place, the excavated materials shall be placed where they will cause the least possible inconvenience to the public. The width and length of the excavation shall be no inconvenience to the public. The width and length of the excavation shall be no greater than is necessary for doing the work and sheathing and bracing shall be used as necessary to keep the sides of the trench vertical and to prevent caving. Adequate provision for the proper drainage of the areas surrounding the work shall be maintained at all times.

Section 510.050 Backfill — Materials.

[R.O. 2006 §530.050; Ord. No. 300 §5, 5-17-1971; Ord. No. 3019 §4, 4-23-2009]
A. 
Backfill and paving shall be done by the applicant and excavations made in or under any street, walk or driveway pavements shall be backfilled with granular material thoroughly tamped into place as hereinafter specified and the pavement surface restored to its original condition. The Community Development Director or his/her designee shall be notified at least four (4) hours before backfilling is begun and shall inspect the excavation as often as is necessary. No excavated materials shall be allowed to accumulate on the site of the work.
B. 
Substitution may be made for granular backfill only with the specific approval of the Community Development Director or his/her designee in each instance.
C. 
Approved granular backfill material shall be composed of a mixture of crushed stone or gravel and sand, free from clay lumps and trash and conforming to the following analysis: Passing one (1) inch screen one hundred percent (100%); passing one-half (½) inch screen thirty-five percent (35%) to sixty-five percent (65%); passing No. 50 screen not more than twenty percent (20%); total clay and silt not more than twenty percent (20%). Other materials may be used only when they have the approval of the Community Development Director or his/her designee.
D. 
Granular backfill is to be placed in horizontal layers not greater than four (4) inches before compacting and shall be thoroughly compacted by mechanically operated tamping.

Section 510.060 Community Development Director To Authorize Commencement and Filling — Refusal To Restore.

[R.O. 2006 §530.060; Ord. No. 300 §6, 5-17-1971; Ord. No. 3019 §5, 4-23-2009]
No person, firm or corporation, having obtained a permit to excavate in the streets of the City of Fenton, shall commence such excavation until authorized to do so by the Community Development Director or his/her designee and no excavation shall be filled until the Community Development Director or his/her designee shall authorize such fillings to proceed. In the event the person, firm or corporation making such excavation shall delay or refuse, after three (3) days' notice from the Community Development Director or his/her designee, to restore said street, boulevard, highway, roadway, avenue, sidewalk, alley or any other public thoroughfare in or under which such excavation is being made, it shall be the duty of the Community Development Director or his/her designee to order the restoration of said street, highway, boulevard, roadway, alley or other public thoroughfare in or under which such excavation has been made and to defray the expense thereof from said deposit and the balance, if any, after all lawful charges against it have been made, shall be returned to the applicant.

Section 510.070 Fences and Warning Lights.

[R.O. 2006 §530.070; Ord. No. 300 §7, 5-17-1971]
Whoever shall, in this City, dig or cause to be dug, any excavation adjacent to and bordering any highway, thoroughfare or public place, shall, during the night, cause same to be fenced in with a substantial fence at least three (3) feet high and shall cause a yellow light or other approved warning light to be kept, burning thereon during the night. Whoever shall dig or cause to be dug in any highway, thoroughfare or sidewalk a vault or trench, shall arch or cover the same over and secure the grating or covering of the opening thereof in such a manner as to prevent persons, animals and vehicles from falling therein.

Section 510.080 Emergencies — Permit Not Required.

[R.O. 2006 §530.080; Ord. No. 300 §8, 5-17-1971]
In the event of any emergency where public safety or health is endangered, work may proceed immediately without the issuance of a permit and the permit shall be applied for as soon as practicable after the commencement of the work.

Section 510.090 Excavations Made Entirely Across A Public Street.

[R.O. 2006 §530.090; Ord. No. 300 §9, 5-17-1971; Ord. No. 3019 §6, 4-23-2009]
In all cases where excavations are made entirely across a public street, alley or highway, a substantial driveway shall be maintained by the party making the excavation, until the excavation is refilled and the street, alley or highway is restored to its original condition and at all times be subject to the approval of the Community Development Director or his/her designee.

Section 510.100 Violations — Penalty.

[R.O. 2006 §530.100; Ord. No. 300 §10, 5-17-1971; Ord. No. 976 §1, 3-16-1987]
A. 
Any person, firm or corporation violating any of the provisions of this Chapter, for which no penalty is otherwise provided, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense and each day such violation continues shall be deemed to be a separate offense.
B. 
Any person, firm or corporation who fails to comply with any of the provisions of Section 510.020 is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00).