[CC 1976 §535.010; Ord. No. 917 §1, 1-10-1967]
This Chapter establishes requirements for contractors, or their
agents, servants, employees and sub-contractors, in connection with
construction of highways and streets and related work within the City,
concerning blasting, health and sanitation, food handling, working
hours, demolition of homes, filling of basements and excavations,
damage to existing roadways, drag-on of mud, debris, and nuisances
generally, and regulating the use of existing street and roadways
during highway and street construction.
[CC 1976 §535.020; Ord. No. 917 §2, 1-10-1967]
Whenever in this Chapter the term "Street Superintendent" is used, such use shall also mean the Street Commissioner's duly
appointed representative.
[CC 1976 §535.030; Ord. No. 917 §3, 1-10-1967]
This Chapter shall be applicable to street and highway contractors
or their agents, servants, employees and sub-contractors and any other
person, firm or company, engaging in highways or street construction
within this City.
[CC 1976 §535.040; Ord. No. 917 §4, 1-10-1967]
Any and all blasting, for street or highway construction and work related thereto, shall be regulated by Chapter 505.
[CC 1976 §535.050; Ord. No. 917 §5, 1-10-1967]
All existing ordinances relating to public health, safety and
sanitation are herewith made specifically applicable to the conduct
of contractors, their employees, agents and sub-contractors, in connection
with construction of any street or highway and related work.
[CC 1976 §535.060; Ord. No. 917 §6, 1-10-1967]
Each contractor and his/her agents, employees, and sub-contractors engaged in streets, highways or related work, shall provide receptacles to receive any refuse which may accumulate from construction and remove refuse whenever necessary to insure clean and sanitary conditions. No refuse shall be placed, kept, left, or deposited in such a manner as to violate the provisions of the Section 205.010.
[CC 1976 §535.080; Ord. No. 917 §8, 1-10-1967]
Street and highway and related construction work shall commence
no earlier than 7:00 A.M., and shall be discontinued no later than
10:00 P.M., local time, Monday through Saturdays, and no such construction
shall be permitted on Sundays or legal holidays, unless in case of
emergency, and then only when a permit is granted by the Building
Commissioner authorizing work at such other times.
[CC 1976 §535.090; Ord. No. 917 §9, 1-10-1967]
Demolition of buildings, in the course of, or preliminary to,
construction of any street or highway, shall be in compliance with
the Building Code and conducted to protect adjacent homes and property
from damage, and to minimize hindering the flow of traffic, or pedestrian
use of adjacent streets and sidewalks. If the use of adjacent streets
and sidewalks is required for demolition of any building, the contractor
shall establish adequate measures for the protection of the general
public including barriers and warning lights about the area. Such
use of streets or sidewalks shall be limited to as short of a period
of time as possible under all the circumstances. No use of any street,
road or public place shall occur without a permit from the Building
Commissioner, which permit shall be revocable without cause. All excavations
by demolition of buildings shall be filled to ground level and shall
not be allowed to remain uncovered and unfilled for a period exceeding
fourteen (14) days after the completion of the demolition of the above-ground
structure of the building. Any unfilled excavations or basements existing
after demolition of the building shall be surrounded by a barrier
with warning signs posted thereon, notifying the public of the danger,
and shall continuously be maintained until the excavation, or basement,
has been filled as hereinabove set out.
[CC 1976 §535.100; Ord. No. 917 §10, 1-10-1967]
The contractor and his/her agents, servants, employees and subcontractors
shall be responsible for any damage to public sidewalks, roadways
or other public property occasioned by the use of equipment owned
or controlled by them. All contractors, agents, servants, employees
and sub-contractors shall be insured against bodily injury or property
damage in the amount of one hundred thousand dollars ($100,000.00)
for one (1) person, three hundred thousand dollars ($300,000.00) for
more than one (1) person, and one hundred thousand dollars ($100,000.00)
for property damage, with an insurance company approved by the City
Attorney.
[CC 1976 §535.110; Ord. No. 917 §11, 1-10-1967]
The contractor, his/her agents, servants, employees and sub-contractors,
shall remove any mud, debris, gravel or other drag-on deposited by
them, from streets and sidewalks. It shall be unlawful for any contractor,
or his/her agents, servants, employees and sub-contractors, to allow
any truck or other vehicle to travel upon any street of the City,
if such vehicle has been loaded in such a manner that mud, dirt, or
other debris may, or does, fall therefrom.
[CC 1976 §535.120; Ord. No. 917 §12, 1-10-1967]
A.
Notice. The contractor in charge of such work shall give
reasonable notice to the Street Superintendent prior to the proposed
use of any street, by trucks, hauling or grading equipment, or other
highway construction vehicles. Said notice shall be in writing detailing
the number and description of such trucks, hauling or grading equipment,
or highway construction vehicles; the loaded and unloaded weight of
such equipment and the length of time the contractor proposes the
use of the streets by such vehicles or equipment. The Street Superintendent
may additionally require any contractor or subcontractor to post surety
and/or insurance with the City to ensure the City of full compensation
for any damage to streets or public facilities in connection with
any damage caused by any facet or construction of streets, roads or
highways.
B.
Routes. The Street Superintendent shall before the commencement
of usage of any streets, notify the contractor of the route, or routes,
assigned to such trucks and equipment and issue a permit therefor;
the contractor, his/her agents, servants, employees and sub-contractors
shall use only the route, or routes, designated by the Street Superintendent.
In the event of an emergency, appearing to require a change in route
or, if the Street Superintendent determines that any route so designated
is not safe, or that damage is being caused to any street, or, if
it finds the public welfare or safety so requires, the Street Superintendent
may, upon three (3) day's notice designate an alternative route, or
routes, and it shall thereupon be the duty of the contractor, his/her
agents, servants, employees and sub-contractors to use the alternate
route, or routes, designated by the Street Superintendent.
C.
Condition Of Street. It shall be the duty of the Street
Superintendent, immediately prior to designating the route, or routes,
or alternate route or routes, to determine the condition of the streets
proposed to be used and to cause the taking of photographs of such
streets, showing the condition of the pavement, curbs and other physical
features, which shall be dated and a memorandum made of the location
shown by each photograph. After termination of the use of the streets,
as hereinabove provided, it shall be the duty of the Street Superintendent
to make additional photographs with proper descriptive matter.
D.
Inspections. In addition to before and after photographs,
the Street Superintendent shall make a thorough inspection of the
condition of the streets used by the contractors, their agents, servants,
employees and sub-contractors to make written reports including an
estimate of the cost, if any, of restoring the street to its condition
prior to use by construction vehicles.
E.
Damage To Streets. At the time the Street Superintendent
designates the route or routes he/she shall inform the contractor,
his/her agents, servants, employees and subcontractors, that the City
will hold them liable for damage to the streets resulting from such
usage, and that acceptance of the route shall constitute an agreement
by the contractors to pay to the City the cost of restoring the streets
to their condition prior to use by the contractor. Within thirty (30)
days after termination of the contractor's usage of said route, the
contractor and/or his/her agents, servants, employees and subcontractor,
shall pay to the City an amount the City deems sufficient to restore
the Streets, or repair the street to its original condition, at the
option of the City.
F.
Closing Streets. If, during the course of construction,
the contractor deems it necessary, for the completion of the work,
or for the safety or protection of the public, to close any street,
way, alley or public place, the contractor, his/her agents, servants,
employees or subcontractors, shall notify the Street Superintendent
thereof and the Street Superintendent may issue a permit for such
closing, and may require the contractor to install barriers, warning
notices and necessary traffic direction signs for the protection and
convenience of the public.
G.
Lighting During Construction. Where construction is adjacent
to any public street, which has not been closed to traffic, the contractor
shall provide ample lighting and sufficient barriers and caution signs
to warn the public using the unclosed street to protect the public
from injury to person or damage to property.
H.
Hours Of Use Of Streets. The route, or routes designated
by the Street Superintendent for use by trucks and equipment may be
used for the contractor, his/her agents, servants, employees or subcontractors
on week days and Saturdays, between the hours of 7:00 A.M. and 10:00
P.M. local time, and at no other time, provided that, in case of emergency,
or in the interest of the general safety and welfare of the City and
its inhabitants, the Street Superintendent may grant a permit for
the use of the streets at times other than as herein set out.
I.
Applicable Provisions Of Municipal Ordinances. Where applicable,
all ordinances of the City shall apply to those engaged in construction
of roads, streets, highways and all related work.
[CC 1976 §535.140; Ord. No. 787 §§2—5, 6-12-1962; Ord. No. 794 §1, 10-23-1962; Ord. No. 1961 §1, 10-11-1994;]
A.
It
shall be unlawful for any person, acting for himself/herself, or as
an agent or servant of any other person, persons, co-partnership,
firm, corporation or public utility to make any excavation or opening
in or upon any private or public street, highway, alley, sidewalk,
or other public thoroughfare, without first obtaining a permit in
writing from the City, such permit being issued by the City Clerk.
B.
Any person, acting for himself/herself, or as an agent or servant for any other person, persons, co-partnership, firm, corporation or public utility, shall, when applying for a permit to excavate, file with the City Clerk of the City, a bond issued by a surety company authorized to do business in the State of Missouri, which bond shall protect the City against loss or damage caused by the carelessness, negligence, or failure to properly restore the excavation by filling, tamping, repairing, and restoring the area excavated, as herein provided by Subsection (D) of this Section. Final restoration shall be completed within ninety (90) days following commencement of the excavation. At the time the permit is issued, the applicant shall pay to the City Clerk a permit and inspection fee of two dollars fifty cents ($2.50) per lineal feet of excavation, with a minimum fee of seventy-five dollars ($75.00). The amount of the said surety bond shall satisfy and be in accordance with the following schedule:
[Ord. No. 3023, 12-14-2021]
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Lineal Feet of Excavation Designated in Application
|
Amount of Bond
|
|---|---|
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800 Lineal feet or less
|
$1,000.00
|
|
801 Lineal feet but less than 1,601 lineal feet
|
$2,000.00
|
|
1,601 Lineal feet but less than 3,201 lineal feet
|
$4,000.00
|
|
3,201 Lineal feet but less than 6,400 lineal feet
|
$8,000.00
|
C.
In lieu of the posting of a surety bond as provided for in the foregoing Subsection, an applicant for an excavation permit shall be required to deposit with the City Clerk the sum of one dollar twenty-five cents ($1.25) per lineal foot of excavation, provided that in any excavation the deposit shall be not less than twenty dollars ($20.00), as security for the compliance by the applicant with the provisions of this Section. The City is hereby authorized to retain said deposit for ninety (90) days after the completion of each excavation, and if said work has not by that time been finally completed by being properly filled, tamped, repaired and restored in accordance with the provisions of Subsection (D) of this Section, the City shall be authorized to have said restoration made and pay the necessary expenses and costs from the funds so deposited. Said deposit shall be refunded after ninety (90) days if full compliance with the requirements of restoration has been properly executed, subject to the deduction of a five dollar ($5.00) charge for the permit and inspection fee.
D.
Any
person, firm, or corporation who shall make an excavation in any of
the City streets shall be required to backfill said excavation as
outlined below:
1.
Asphalt Streets.
a.
Preparation. All street excavation sites must be
squared up and saw-cut to a minimum depth of two (2) inches.
b.
Sub-grade. When back-filling sub-grade, one (1)
inch clean rock will be used and must be layered and compacted in
no more than eight (8) inch lifts.
c.
Base. Base shall consist of a minimum of six (6)
inches of 6-sack concrete mix, finished rough, leaving a minimum of
two (2) inches for asphalt overlay.
d.
Asphalt overlay. Prior to placing asphalt, all edges
of the site must be primed with a tack coat of SS-1H Emulsion, taking
care not to overprime and cause bleeding. Asphalt must be (type C)
hot asphalt mix and must be compacted in place to match existing street
surface and grade. Compaction of asphalt must be achieved with a one
(1) ton or greater roller. After final compaction of overlay, all
edges of the patch must be sealed once again with SS-1H Emulsion.
2.
Concrete Streets.
a.
Preparation. All street excavation sites must be
squared up and saw-cut to a minimum depth of two (2) inches.
b.
Sub-grade/base. When backfilling sub-grade/base,
one (1) inch clean rock will be used and must be layered and compacted
in no more than eight (8) inch lifts.
c.
Concrete. Concrete shall be a 6-sack mix no less
than six (6) inches thick, broom finished to match existing street
surface and grade.
d.
On all concrete street excavation projects. Full
slab (joint to joint) replacement only without prior authorization
by Street Superintendent.
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Such backfilling shall be done as soon as practical. It shall
be further required that all dirt and debris arising from the excavation
of said hole shall be removed from the site, so that the area in question
is clear and free of all excess dirt and debris. If any such excavation
should settle or sink thereby causing a depression in any such street
or yard, such person, firm or corporation making said excavation shall
be required to repair said excavation to the satisfaction of the Street
Superintendent of the City, immediately upon notification, whether
such notification shall be made by telephone or by letter. Failure
to comply with these foregoing provisions shall be deemed a misdemeanor
and said person, firm or corporation shall be punished by a fine of
not less than five dollars ($5.00) nor more than one hundred dollars
($100.00) for each offense. A separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
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E.
In areas over, immediately adjacent to, or in close proximity with gas mains and services other types of backfill material than that required under Subsection (D) of this Section and other methods of compaction may be employed but such may be accomplished only with the express permission of the Street Superintendent of the City of Shrewsbury.
[CC 1976 §535.130; Ord. No. 917 §13, 1-10-1967]
Any person, firm or corporation violating any of the provisions
of this Chapter shall, upon conviction thereof, be guilty of a misdemeanor
and be subject to a fine of not less than twenty-five dollars ($25.00),
and not more than five hundred dollars ($500.00), for each offense.
Each violation shall be a separate offense and shall be punishable
as such. The penalty provisions herein shall be in addition to any
civil remedies the City may assert.
