[CC 1975 §63.600; Ord. No. 90-35 §63.600, 12-4-1990]
A. Except
in the case of public works done by authority of the Board of Aldermen
and except as provided in Section (A) and (B) hereof, no person or
entity shall make or cause to be made any opening or excavation in
any public street, sidewalk, tree lawn, parkway, or right-of-way unless
a permit is first obtained therefor from the Mayor or City Administrator
or Street Superintendent.
B. In
the case of platted single-family lots, curb cut permits shall not
be required when a site plan has been approved.
C. The provisions of Subsection
(A) of this Section requiring a permit before any excavating is commenced shall not apply in emergencies where the public safety or welfare is endangered, provided such permit is applied for as soon as practicable after the work is commenced.
[CC 1975 §63.610; Ord. No. 90-35 §63.610, 12-4-1990]
All applications for permits required by this Chapter shall
be made in writing to the Mayor, City Administrator or his/her designated
agent, which application shall state the location and size of the
proposed excavation and when the work is to be commenced.
[CC 1975 §63.620; Ord. No. 90-35 §63.620, 12-4-1990]
Except as otherwise expressly provided in this Chapter, before
any permit required by this Chapter is issued by the Mayor, City Administrator
or his/her designated agent, the applicant therefor shall pay a permit
fee of twenty-five dollars ($25.00) for each one hundred (100) lineal
feet of excavation or part thereof.
[CC 1975 §63.630; Ord. No. 90-35 §63.630, 12-4-1990]
A. Except as provided in Subsection
(C) of this Section, before any permit required by this Chapter is issued by the City, the applicant therefor shall deposit with the City:
1. For each excavation up to ten (10) square feet, the sum of one hundred
fifty dollars ($150.00).
2. For each excavation of more than ten (10) square feet, and less than
fifty (50) square feet, the sum of five hundred dollars ($500.00).
3. For each excavation in excess of fifty (50) square feet an additional
twenty-five dollars ($25.00) for each ten (10) additional square feet
or fraction thereof.
B. If,
within ten (10) working days after the issuance of a permit, the permittee
restores the pavement in satisfactory form such deposit shall be refunded
to him/her; otherwise the City shall use the deposit for the purpose
of employing others to restore the pavement or other surface, and
the permittee shall be liable to the City for any cost in excess of
the amount of the deposit, plus a penalty of twenty-five percent (25%)
of the total cost of restoration. If the deposit is more than sufficient
to restore the surface, the City shall retain the cost of the restoration,
plus a penalty of twenty-five percent (25%) and refund the balance,
if any, to the permittee.
C. In lieu of the payment of the deposit required by Subsection
(A) of this Section, any person having occasion to make frequent openings or excavations, may post bond with the City in the amount deemed proper by the City. Such bond shall be conditioned that said person shall restore the pavement or surface in satisfactory condition within the time specified in an approved permit. In such case, permits shall be issued for work from time to time upon application therefor. In the event of the permittee's failure to restore the surface within the time provided in Subsection
(B) of this Section, the City may employ others to restore the surface and charge the permittee therefor with the same penalty as provided in Subsection
(B) of this Section. The cost of reconstruction charges incurred by the City will be deducted from the standing deposit.
[CC 1975 §63.640; Ord. No. 90-35 §63.640, 12-4-1990]
A. The
work shall be carried out with minimum interruptions or inconvenience
to motorists or pedestrians. The contractor shall maintain two-way
traffic at all times. The contractor shall supply all necessary equipment
signs, lights, safety vests, flagmen and other personnel and warning
devices to adequately warn motorists and pedestrians of the construction
activity. All warning devices shall be moved periodically as construction
advances to maintain a consistent warning distance.
B. The
contractor shall also provide the necessary barricades and warning
devices of the project for all excavated areas that may create a hazard
for both vehicle and pedestrians.
C. Where
poor visibility or sight lines exist on a road the speed limit shall
be reduced to insure that motorists can maintain safe vehicle speeds.
"Men at work" warning signs shall be posted where practical at least
one hundred fifty (150) feet in either direction of the street cut.
The contractor shall at all times take the necessary precaution to
protect the life and health of all persons employed on the work site.
He/she shall familiarize himself/herself with the latest acceptable
accident prevention methods and provide necessary safety devices in
accordance with Ordinance 70, and the latest edition of "Missouri
Standard Specification for Highway Construction".
D. The
contractor shall conduct the work in a manner that will insure the
least obstruction to traffic and shall provide for the convenience
and safety of the general public.
E. Patching
of existing pavements and rights-of-way: Pavement and dirt work shall
be performed by experienced personnel and shall comply with the latest
edition of the "Missouri Standard Specification for Highway Construction"
for all work not covered herein.
F. Flexible Pavement. Patching shall include the saw cutting
and removal of existing pavement, curb and gutters, sidewalk, subgrade,
and the placement of a minimum of four (4) inches of compacted crushed
stone base and replacement of excavated dirt with crushed stone then
a minimum of four (4) inches of type C asphalt. In addition, a one
(1) inch overlay covering an area equal to or greater than the full
width of the road multiplied by one hundred (100) linear feet is to
be carried out. The area of overlay should extend fifty (50) feet
in both directions from the center line of the excavated trench.
G. Rigid Pavement. Where concrete pavement exists the contractor
will be required to replace the entire slab area affected by the cut,
thereby leaving no evidence of the disturbance.
H. Testing. Both compaction and compression tests will be required.
Failure to obtain the required compaction or compression results may
result in the removal and replacement of the patched area.
I. Cross
section construction details shall be supplied on request.
[CC 1975 §63.650; Ord. No. 90-35 §63.650, 12-4-1990]
No person shall make any opening or excavation, driveway, curb
cut and the like with or without a permit, in any street, sidewalk,
parkway, tree lawn or other public place in the City without providing
during the progress of the work and until said excavation has been
backfilled and the surface restored, barricades around the same as
a warning to the public, and between sunset and sunrise, lights or
yellow lanterns around said excavation, lighted and sufficient in
number, placed in such a manner as to be clearly visible in all directions.
[CC 1975 §63.660; Ord. No. 90-35 §63.660, 12-4-1990]
Any permit issued pursuant to this Chapter may be revoked for
good cause or extended for a thirty (30) day period by the City.
[CC 1975 §63.670; Ord. No. 90-35 §63.670, 12-4-1990]
It shall be the duty of the Police to report to the Mayor or
City Administrator any excavation or opening in or being made in any
street, sidewalk, curb, parkway, tree lawn or other public place and
to ascertain whether the provisions of this Chapter have been complied
with. Arrests shall be made of persons violating the provisions thereof
and said work shall be stopped until compliance is made herewith.
[CC 1975 §63.680; Ord. No. 90-35 §63.680, 12-4-1990]
Any person in violation of this Chapter shall be guilty of a
misdemeanor and be punished by a fine of not more than five hundred
dollars ($500.00) and/or imprisonment of not more than ninety (90)
days in Jail.
[CC 1975 §63.700; Ord. No. 90-35 §63.700, 12-4-1990]
No person shall engage in any land disturbing activity or any
other action that causes or permits any soil, earth, sand, gravel,
rock, stone, concrete, building materials or other materials or liquids
to be deposited upon or to roll, flow or wash upon, in or over any
public street, street improvement, road, sewer, storm drain, water
course or right-of-way or any other public property in a manner to
damage or to interfere with the use of such property, or which creates
a hazardous condition detrimental to the health, safety and welfare
of the public.
[CC 1975 §63.710; Ord. No. 90-35 §63.710, 12-4-1990]
A. No
person shall when hauling soil, earth, sand, gravel, rock, stone,
concrete, building materials or other material, or liquid over any
public street, road, alley or public property allow such materials
or liquids to blow or spill over and upon such street, road, alley
or public property.
B. The
operator or equipment engaged in hauling shall not permit soil, earth,
rock or other materials to fall from the vehicle, including wheels
of said vehicle, upon such street, road, alley or public property.
[CC 1975 §63.720; Ord. No. 90-35 §63.720, 12-4-1990]
A. If any such soil, earth, sand, gravel, rock, stone or other material or liquid is caused to be deposited upon or to roll, flow or wash upon any public property in violation of Sections
540.100 and
540.110, the person responsible shall be notified and shall cause same to be removed from such property within four (4) hours, unless a longer period is granted by the Mayor or the City Administrator. If a violation described above results from an active residential or non-residential development, the person responsible shall be deemed either the vehicle operator, developer or prime contractor.
B. In
the event of an immediate danger to the public health, safety or welfare,
notice shall be given by the most expeditious means and the material
or liquid shall be removed immediately. In the event it is not so
removed, the City may cause such removal and the cost of such removal
by the City, or anyone contracted by the City, shall be paid to the
City by the person who failed to so remove the material and shall
be a debt due the City, and payable within thirty (30) days of said
removal.
[CC 1975 §63.730; Ord. No. 90-35 §63.730, 12-4-1990]
Any person violating the provisions of this Article shall be
guilty of a misdemeanor and upon conviction, shall be subject to a
fine, not to exceed five hundred dollars ($500.00) and costs, and/or
five (5) days imprisonment.