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

Section 530.010 Builders' Deposit for Curbs and Sidewalks.

[Ord. No. 2895[1] §1, 4-7-2014]
No building permit shall be issued for the construction of any new development or redevelopment, until such time as the builder or developer has deposited with the City a sufficient sum of money to cover the cost of construction of curbs and sidewalks along the street(s) bordering the property on which construction or development is to be commenced. For the purposes of this Section, the sum to be deposited with the City shall be determined by the Director of Public Services based upon the current cost per linear foot of curbing and sidewalk.
[1]
Editor's Note: This ordinance also repealed former Ch. 530, Streets, Sidewalks and other Public Places, adopted and amended CC 1988 §§18-1 and 18-16 through 18-26; 7-1-1963 by §1 of Ord. No. 391; 2-23-1987 by §§1 through 11 of Ord. No. 1254; 11-6-1995 by §1 of Ord. No. 1849; and 11-10-2011 by §1 of Ord. No. 2751.

Section 530.020 Definitions.

[Ord. No. 2895 §1, 4-7-2014]
A. 
The following words, when used in this Article, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:
DIRECTOR OF PUBLIC SERVICES
The Director of Public Services or his or her designee.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
STREET
A public or private street, easement or sidewalk.

Section 530.030 Permit — Required.

[Ord. No. 2895 §1, 4-7-2014]
A. 
It shall be unlawful for any person to make any tunnel, opening, or excavation of any kind in or under the surface of a street without first securing a permit from the City for each separate undertaking. Any person maintaining pipes, lines or other underground facilities in or under the surface of any street may not proceed with an opening without a permit, except when emergency circumstances demand the work to be done immediately and the permit cannot reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the City Hall is open for business.
B. 
An application shall be filed on such forms as shall be furnished by the City.
C. 
Each application for a permit shall be accompanied by a deposit to cover the cost of inspections and by a certificate of insurance.
D. 
Every applicant shall agree to hold the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to have accrued by reason of any work performed under a permit issued hereunder. The acceptance of a permit shall constitute such an agreement by the applicant.
E. 
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that, upon the approval of the Director of Public Services, additional work may be done under the provisions of the permit in an amount not greater than ten percent (10%) of that specified in the permit.
F. 
Work for which a permit has been issued shall commence within thirty (30) calendar days after the issuance of the permit, and if not so commenced, such permit shall be deemed terminated. Permits so terminated may be renewed upon the payment of an additional permit fee as originally required.
G. 
Permits hereunder are not transferable, and the work shall not be made in any place other than the location specifically designated in the permits.
H. 
Every permit shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to commence or to complete the work within the specified time, he/she shall, prior to the expiration date, present in writing to the Director of Public Services a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the Director of Public Services, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. It shall be the duty of each permittee to close the excavation in accordance with the regulations of this Article immediately upon the completion of the work being done.

Section 530.040 Permit — Deposit and Fees.

[Ord. No. 2895 §1, 4-7-2014]
A. 
Every applicant for an excavation permit shall deposit with the application for permit a minimum deposit of two thousand dollars ($2,000.00). If warranted, the Director of Public Services shall have the authority to request a larger deposit.
B. 
Permit fees shall be as follows:
1. 
Cost is determined by how many units the applicant uses. One (1) unit equals one hundred twenty-five dollars ($125.00).
a. 
Trenching is determined by linear feet. One (1) unit equals three hundred (300) linear feet, or fraction thereof.
b. 
Directional boring is equal to two (2) units [one (1) unit for the bore hole in, and one (1) unit for the bore hole out]. Each additional hole is equal to an additional unit.
c. 
Cut excavations are equal to one (1) unit.
d. 
Up to six (6) telephone poles equals one (1) unit.
2. 
The fees above include one (1) inspection. If more than one (1) inspection is required, said fee for each additional inspection is forty dollars ($40.00).

Section 530.050 Permit — Revocation.

[Ord. No. 2895 §1, 4-7-2014]
A. 
Any excavation permit may be revoked by the Director of Public Services after notice to the permittee on the following grounds:
1. 
Violation of any condition of the permit or of any provision of this Article;
2. 
Violation of any provision of any other applicable regulation or law relating to the work;
3. 
Existence of any condition or the doing of any act constituting a nuisance or endangering lives or properties of others.
B. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Director of Public Services is hereby authorized to take such steps as may be necessary to restore the street to as good a condition as existed before the opening was made. All such expenses incurred in such restoration shall be recovered from the deposit on file with the City.

Section 530.060 Liability Insurance Prerequisite to Issuance.

[Ord. No. 2895 §1, 4-7-2014]
No person, firm, or corporation shall be issued a permit under this Article without first registering with the City proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work. Such insurance shall cover collapse, explosive hazards and underground work and shall include protection against liability arising from completed operations. Such insurance for personal injury shall be in an amount not less than five hundred thousand dollars ($500,000.00) and for property damage not less than five hundred thousand dollars ($500,000.00).

Section 530.070 Individual Property Owners.

[Ord. No. 2895 §1, 4-7-2014]
Property owners will not be allowed to make excavation in the street or easement without first paying the permit fees and posting the necessary deposit of two thousand dollars ($2,000.00).

Section 530.080 Regulation of Openings.

[Ord. No. 2895 §1, 4-7-2014]
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled or the surface of the street temporarily restored in a manner satisfactory to the Director of Public Services in the interest of public safety and traffic movement.
B. 
The opening which may be made in a street at any one (1) time shall be of no greater length than will permit the reasonable use of such street by the public and will not cause substantial hazards in such use.
C. 
All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
D. 
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
E. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Director of Public Services. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
F. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Director of Services.
G. 
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within four (4) hours after deposit. If the earth, gravel or other excavated material so deposited is not removed, the Director of Public Services shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his/her deposit.
H. 
Every permittee shall comply with the provisions of this Article with respect to the maintenance of adequate protections around the excavation so as to prevent persons, animals or vehicles from being harmed. Whenever any person shall fail to provide or maintain the safety devices herein required, such devices shall be installed and maintained by the City and the amount of the cost thereof shall be paid by the holder of the permit or deducted from his/her deposit. No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance herewith.
I. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
J. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Director of Public Services may require the permittee to provide toe boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Director of Public Services. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least one-half (1/2) the sidewalk width open along such sidewalk line.
K. 
Work authorized by a permit shall be performed between the hours of 7:00 A.M. and 4:00 P.M., Monday through Friday, unless the permittee obtains written consent from the Director of Public Services to do the work at an earlier or later hour or on Saturday. Such permission shall be granted or denied at the discretion of the Director of Public Services.
L. 
In granting any permit, the Director of Public Services may attach such other conditions thereto, including shoring, as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance.

Section 530.090 Backfilling To Be Performed in Presence of Inspector.

[Ord. No. 2895 §1, 4-7-2014]
A. 
An Inspector of the City of St. Ann must be present at the time of backfilling of street cuts and excavations outside of paved areas. Notification of backfilling of street cuts and excavations outside the paved areas must be done in advance so as to allow the Inspector to set schedule for that day. Calls between the hours of 7:30 A.M. and 9:00 A.M. will be accepted for inspection that day.
B. 
The penalty for non-compliance with this Section shall be that all such backfill must be removed and replaced under a Street Inspector's supervision.

Section 530.100 Regulation of Backfilling and Restoration.

[Ord. No. 2895 §1, 4-7-2014]
A. 
All pavement cuts, openings and excavations shall be backfilled, surfaced and restored as follows:
1. 
Backfilling under paved areas shall be with granular materials composed of either crushed quarry rock or limestone, free from any clay lumps or trash. Other materials may be used only with the written approval of the Director of Public Services. The maximum size of any material used shall not exceed one (1) inch. Quarry material or limestone is to be placed in horizontal layers no greater in final thickness than six (6) inches and shall be compacted by mechanical tamping or inundating and vibration.
2. 
Excavations in areas outside of the paved area of streets or walks may be backfilled with earth and all grassed areas returned to their original condition. Earth backfill is to be placed and compacted in lifts not over twelve (12) inches in initial thickness with pneumatic tamping at air pressures of at least eighty (80) p.s.i. on the surface of each lift a minimum of ten (10) seconds per square foot of area on all portions of the lift. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of.
3. 
Cuts in all rigid base pavements, concrete and asphaltic concrete pavements shall be made to straight true saw cut lines parallel with each edge of the trench for the pipe or structure, or if directed by the Director of Public Services, to the construction joint nearest the trench. All existing paved surfaces, curb and gutter of streets, alleys, driveways, sidewalks, paved areas, removed or else damaged by the contractor in his/her operations shall be replaced to a condition equal to the condition before removed and in conformance with the regulations of the City. Reasonable efforts shall be made to avoid contrast, clash or lack of harmony in the restored surfaces.
B. 
The Director of Public Services shall make daily inspections of all work authorized under a permit. The Director of Public Services is empowered to provide an inspector at all times that work is being performed.
C. 
Upon completion of all work under the provisions of the permit, the permittee shall notify the Director of Public Services. The Director of Public Services shall make a final inspection to determine whether the restoration work has been accomplished in conformity with the requirements of this Article. If the work has been performed according to City requirements, a certificate of final inspection shall be issued by the Director of Public Services, but such certificate shall not be issued within one (1) month after the permanent restoration of the excavation has been completed.
D. 
In no case shall any opening by a permittee be considered in the charge or care of the City, or any of its officers and employees, and no officer or employee is authorized in any way to assume any jurisdiction over any such opening, except as herein otherwise specified.

Section 530.110 Safety Regulations.

[Ord. No. 2895 §1, 4-7-2014]
A. 
No person shall make or cause to be made any excavation in or adjoining any street without adequately protecting the same by erecting barriers and placing warning signs and taking such additional measures as the Director of Public Services deems adequate to prevent persons, animals or vehicles from falling into such excavation.
B. 
Substantial barriers adequate to prevent persons from falling into same, including warning signs by day and their equivalent by night, shall be placed and maintained around all such excavations in such manner as to give reasonable notice and warning to any person approaching such excavation from any direction.

Section 530.120 Waste and Excavated Materials.

[Ord. No. 2895 §1, 4-7-2014]
No waste material or excavated material other than that reserved for backfill or landscaping shall be allowed to accumulate at the site of any such excavation and shall be removed each day as it collects; provided however, that no such excavated soil and material reserved for backfill or landscaping shall be allowed to remain on or adjoining any street without there being maintained from sunset to sunrise red lights or torches around such materials.