[Ord. No. 94-5 §1, 5-10-1994]
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Any person making written application to the Clerk of the City for an excavation permit hereunder.
- BOARD OF ALDERMEN OR BOARD
- The Board of Aldermen of the City of Lake Ozark.
- CITY OR TOWN
- The City of Lake Ozark.
- The Clerk of the City of Lake Ozark
- EXCAVATION WORK
- The excavation and other work permitted under an excavation permit and required to be performed under this Chapter.
- Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
- Any person, firm, partnership, association, corporation, both public and private, company or organization of any kind.
- STREET OR HIGHWAY
- Any street, highway, sidewalk, alley, avenue, or other public way or public grounds in the City.
- STREET SUPERINTENDENT
- The Superintendent of Streets of the City of Lake Ozark.
[Ord. No. 94-5 §2, 5-10-1994; Ord. No. 2009-22, 5-12-2009]
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or right-of-way or to make or cause to be made any excavation in or under the surface of any street or right-of-way for the purpose or to place, deposit or leave upon any street or right-of-way any earth or other excavated material obstructing or tending to interfere with the free use of the street or right-of-way, unless such person shall first have obtained an excavation permit therefor from the City Clerk as herein provided.
[Ord. No. 94-5 §3, 5-10-1994]
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Clerk. The written application shall state the name and address of the applicant, the nature, location, and purpose of the excavation the date of commencement and date of completion of the excavation, and other date as may reasonably be required by the Street Superintendent through the Clerk. The application shall be accompanied by plans showing the extent of the proposed excavation work, which plans shall be approved by the City Administrator or his/her designee.
[Ord. No. 94-5 §4, 5-10-1994]
A permit fee of fifty dollars ($50.00) shall be charged by the City of Lake Ozark payable to the City of Lake Ozark for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work.
[Ord. No. 94-5 §5, 5-10-1994]
The City Clerk shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in English letters at least one (1) inch high with the following notice: "City of Lake Ozark, Permit No. _____ Expires _____" and in the first blank space there shall be inserted the number of said permit and after word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit.
[Ord. No. 94-5 §6, 5-10-1994]
Before an excavation permit as herein provided is issued the applicant shall deposit with the City Clerk a surety bond in the amount of five thousand dollars ($5,000.00) payable to the City of Lake Ozark or in such lower amount as approved by the Street Superintendent and/or City Administrator upon application being made therefor by the Applicant and the required surety bond must be:
With good and sufficient surety:
By a surety company authorized to transact business in the State or by two (2) householders in the City owning property of a value of double the amount of the bond, over and above all legal exemptions from execution.
Satisfactory to the City Attorney in form and substance.
Conditioned upon the permittee's compliance with this Chapter and to secure and holder the City of Lake Ozark and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the City, the Board or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Street Superintendent, all openings and excavations made in streets and to maintain any street where excavation is made in as good condition for the period of twelve (12) months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said one-year period shall be deemed conclusive evidence of defective back-filling by the permittee. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the City by reason of the negligence or default of the permittee, upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one (1) year conditioned as above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one (1) year from said date.
[Ord. No. 94-5 §7, 5-10-1994]
Application for a permit to perform excavation work under this Chapter shall be further accompanied with a special cash deposit with the City Collector as follows:
A cash deposit of two hundred and fifty dollars ($250.00) to guarantee restoration as required by this Chapter; or
A general annual cash deposit of five hundred dollars ($500.00) which shall remain with the City Collector and which shall waive the special deposit required by Subdivision (1) above and which shall entitle the applicant to make multiple excavations without the filing of special deposits for each excavation.
Any special or general cash deposit shall serve as security for the repair and performance of work necessary to put the street or alley in as good a condition as it was prior to the excavation.
Sixty (60) days following the permittee's completion of the work covered by the permit and upon approval by the City Street Superintendent of the restoration by the permittee, said special cash deposit may be refunded to the permittee upon demand, provided however, that the City Administrator or the Street Superintendent with the approval of the City Administrator may lower the amount of special deposit at their discretion for small excavations less than five hundred (500) square feet.
[Ord. No. 94-5 §8, 5-10-1994]
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Street Superintendent may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the City Police Department. The following steps shall be taken before any street may be closed or restricted to traffic:
The permittee must receive the approval of the Street Superintendent and the Police Department therefor;
The permittee must notify the Chief of the Lake Ozark Fire Department of any street so closed;
Upon completion of construction work the permittee shall notify the Street Commissioner and City Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made;
Where flagmen are deemed necessary by the Street Superintendent they shall be furnished by the permittee at his own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible the Street Superintendent will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but in case there are no existing highways the permittee shall construct all detours at its expense and in conformity with the specifications of the Street Commissioner. The permittee will be responsible for any unnecessary damage caused to any streets by the operation of its equipment.
[Ord. No. 94-5 §9, 5-10-1994]
The excavation work shall be performed and conducted so as not to interfere with access to fire stations or any other facility providing emergency service.
[Ord. No. 94-5 §10, 5-10-1994]
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safety. Decking shall be not less than four (4) inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three (3) inches, twelve (12) inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three (3) feet in width and shall be provided with a railing as required by the Street Superintendent.
[Ord. No. 94-5 §11, 5-10-1994]
The permittee shall not interfere with any existing utility without the written consent of the Street Superintendent and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless he makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, over along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and his bond shall be liable therefor. The permittee shall inform himself as to the existence and location of all underground utilities and protect the same against damage.
[Ord. No. 94-5 §12, 5-10-1994]
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from such owner the Street Superintendent may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at his own expense shore up and protect all buildings, walls, permittee shall, at his own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his failure properly to protect and carry out said work. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate City Department or City officials having control of such property.
[Ord. No. 94-5 §13, 5-10-1994]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three (3) feet wide and securely railed on each side so that foot passengers can pass over safety at all times.
[Ord. No. 94-5 §14, 5-10-1994]
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the City street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
[Ord. No. 94-5 §15, 5-10-1994]
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
[Ord. No. 94-5 §16, 5-10-1994]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Street Superintendent shall have the authority to require that the permittee haul the excavated material to a storage site at the time of back-filling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
[Ord. No. 94-5 §17, 5-10-1994]
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the Street Commissioner shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
[Ord. No. 94-5 §18, 5-10-1994]
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permits and it shall be the permittee's responsibility to confine excavation work within these limits.
[Ord. No. 94-5 §19, 5-10-1994; Ord. No. 2009-22, 5-12-2009]
As the excavation work progresses all streets, rights-of-way and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Street Superintendent. From time to time as may be ordered by the Street Superintendent and in any event, immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and upon failure to do so within twenty-four (24) hours after having been notified to do so by the Street Superintendent, said work may be done by the Street Superintendent and the cost thereof charged to the permittee and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[Ord. No. 94-5 §20, 5-10-1994]
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same with new material and fittings, or shall make such provisions for them as the Street Superintendent may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from slicing or other operations and shall be responsible for any damage resulting from his failure to so provide.
[Ord. No. 94-5 §21, 5-10-1994]
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be twelve (12) inches (one (1) foot) or over in depth, the pavement in the base shall be removed to at least six (6) inches beyond the outer limits of the sub-grade that is to be disturbed in order to prevent settlement, and a six (6) inch shoulder of undisturbed materials shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. Asphalt-paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
[Ord. No. 94-5 §22, 5-10-1994]
Tunnels under pavement shall not be permitted except by permission of the Street Superintendent and if permitted shall be adequately supported by timbering and back-filling under the direction of the Street Superintendent.
[Ord. No. 94-5 §23, 5-10-1994]
Back-filling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, or by rolling in layers, only if granular back-full is used, as required by the fill in question and sound engineering practices generally recognized in the construction industry.
[Ord. No. 94-5 §24, 5-10-1994]
Back-filling up to the first eighteen (18) inches above the top of the utility pipes or similar installation shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four (4) inches in thickness. Layers that are power tamped shall not exceed six (6) inches in thickness. The same requirements shall apply to the remainder of the back-filling if tamping is the method used for back-filling. Back-filling of all pipes of over twenty-four (24) inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The back-fill around all pipes twenty-four (24) inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen (18) inches above the top of the pipe before any additional back-filling is placed thereon.
[Ord. No. 94-5 §25, 5-10-1994]
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six (6) inches above the rock bottom of the trench and the space under, around and six (6) inches above the pipe shall be back-filled with clean river sand, non-corrosive soil or one-quarter (¼) inch minus gravel, or in lieu thereof, said pipe may be protected by any means approved by the American Society of Mechanical Engineers. Broken pavement, large stones, and debris shall not be used in any back-fill.
[Ord. No. 94-5 §26, 5-10-1994]
Back-filling shall be completed by placing the back-fill material well up over the top of the trench. For dry-backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is unyielding. The surface shall then be graded as required.
[Ord. No. 94-5 §27, 5-10-1994]
The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the Street Superintendent. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable materials well tamped into placed and this fill shall be topped with a minimum of at least one (1) inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one (1) inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling conditions until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Street Superintendent. If in the judgment of the Street Superintendent it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Street Superintendent to restore the street to its original and proper condition, or as near as may be.
Acceptance or approval of any excavation work by the Street Superintendent shall not prevent the City from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twelve (12) months from the completion of the excavation work. The Street Commissioner's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
[Ord. No. 94-5 §28, 5-10-1994]
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Street Superintendent if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided and the City shall also enforce its rights under the permittees' surety bond provided pursuant to this Chapter.
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition as it was prior to the excavation for one (1) year after restoring it to its original condition.
[Ord. No. 94-5 §29, 5-10-1994]
Except by special permission from the Street Superintendent, no trench shall be excavated more than two hundred and fifty (250) feet in advance of pipe laying nor left unfilled more than five hundred (500) feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Street Commissioner. No timber bracing, lagging, sheathing or other lumber shall be left in any trench.
[Ord. No. 94-5 §30, 5-10-1994]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor.
[Ord. No. 94-5 §31, 5-10-1994]
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Street Superintendent shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.
[Ord. No. 94-5 §32, 5-10-1994]
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the City Collector's office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[Ord. No. 94-5 §33, 5-10-1994; Ord. No. 2000-01 §1, 1-11-2000; Ord. No. 2000-03 §1, 2-22-2000]
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris.
No person shall use any pile driver, bulldozer, backhoe, power shovel, hammer, derrick, hoist, tractor, roller or any other mechanical apparatus in mining, building or construction operations between the hours of 10:00 P.M. and 7:00 A.M., Monday through Saturday and all day Sunday within one thousand (1,000) feet of a residence, except with the express written permission of the Street Superintendent or in case of an emergency as herein otherwise provided.
[Ord. No. 94-5 §34, 5-10-1994]
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Street Superintendent, and should monuments or hubs be moved or destroyed it shall be the duty of the permittee to replace same and, if necessary, re-survey the affected areas.
[Ord. No. 94-5 §35, 5-10-1994]
The Street Superintendent shall make such inspections as are reasonably necessary in the enforcement of this Chapter. The Street Commissioner shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Chapter.
[Ord. No. 94-5 §36, 5-10-1994]
Users of sub-surface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all major underground structures including abandoned installations and shall furnish copies to the Street Superintendent. Corrected maps shall be filed with the Street Superintendent within thirty (30) days after new installations, changes or replacements are made.
[Ord. No. 94-5 §37, 5-10-1994]
The provisions of this Chapter shall not be applicable to any excavation work under the direction of competent authorized employees of the City or by any contractor of the City performing work for and in behalf of the City necessitating openings or excavations in streets.
[Ord. No. 94-5 §38, 5-10-1994]
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Street Superintendent satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than one hundred thousand dollars ($100,000.00) for any one (1) person and three hundred thousand dollars ($300,000.00) for any one accident and property damage insurance of not less than fifty thousand dollars ($50,000.00) duly issued by an insurance company authorized to do business in this State. Provided however, that this provision shall only apply to those permittees required to file surety bond under Section 510.060 of this Chapter.
[Ord. No. 94-5 §39, 5-10-1994]
This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability, or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Ord. No. 94-5 §40, 5-10-1994]
Any person, firm, or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) nor less than twenty-five dollars ($25.00). Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 94-5 §41, 5-10-1994]
All sub-surface installations shall be no less than twenty-four (24) inches below ground surface or grade.