[Ord. No. 928, 11-9-2017]
That all excavation of or digging into, through or under any
street or other part of the public right-of-way within the corporate
limits of the City of Wright City, Missouri, is prohibited, except
in compliance with the terms and provisions hereof.
[Ord. No. 928, 11-9-2017]
A.
Any person who plans to engage in such excavation or digging shall apply for a permit therefor to the City Superintendent. Such permit may be granted if the person applying therefor shall fully comply with the provisions of Section 525.030 hereof. The permit shall set forth the name of the person to whom it is granted, and shall be applicable to such person, his employees and agents; it shall set forth the approximate location of the proposed excavation or digging, the approximate dimensions thereof, and the purpose for which it is being undertaken.
B.
Exceptions. No permit shall be required:
1.
Upon a failure in the facility of any public utility, necessitating
immediate repair to prevent injury to persons or property or to restore
essential public utility service; provided, however, that the person
or firm conducting the excavation must notify the Public Works Director
before 5:00 P.M. on the next business day.
2.
For installation of service lines to serve new home construction
in the unimproved right-of-way in newly developing subdivisions if
the unimproved right-of-way is adjacent to the property being served.
In such cases, the surface of the unimproved right-of-way shall be
restored when the lawn is completed.
C.
Once
a permit has been closed, any additional work will require a new permit,
and the fee will be charged again.
[Ord. No. 928, 11-9-2017]
Before the issuance of said permit to any person, the City Clerk
shall receive from such person his firm and binding obligation to
restore the entire right-of-way, including the roadbed and the paved
portion of the right-of-way, to the condition in which it had been
prior to the said excavating or digging, that such restoration shall
be of a nature and type required by the City Superintendent and such
approval shall be entered upon the said permit; that the said firm
and binding obligation shall include the undertaking of the said person
to indemnify and save harmless the City from any and all claims, demands,
actions, judgments or expense, of any nature or type, arising or growing
out of the said excavation or digging; and the City Clerk may require
sureties for the performance of such obligation. All work shall be
completed to the satisfaction of the City within ninety (90) days
of work commencement.
[Ord. No. 928, 11-9-2017]
A permit fee shall be charged by the City Clerk 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.
The excavation permit fee shall be one hundred dollars ($100.00) which
shall be retained by the City plus a four hundred dollar ($400.00)
deposit that will be refunded upon request when work cleanup passes
inspection. All excavations in City streets and alleys shall be backfilled
with sand or material approved by the City.
[Ord. No. 928, 11-9-2017]
A.
Permit On-site. Each excavation permit shall be in the possession
of a person present at the excavation area during normal business
hours, and each permit card shall be displayed publicly at the excavation
area.
B.
Continuity Of Work. Every excavation shall be performed in a continuous
operation, during normal working hours on consecutive working days
on which suitable working conditions exist, from the time of initial
excavation to the completion of backfilling, pavement repair, and/or
seeding. The permit holder shall be responsible for the timeliness
and quality of the completed work.
C.
Excavation Specifications. All excavations in any right-of-way in
the City shall be made in the following manner:
1.
Location of new facilities to be constructed on right-of-way
shall be approved by the City Superintendent prior to advertising
for bids on work to be contracted. No new facilities shall be constructed
under roadways, unless undue hardship is imposed by location outside
the roadway. The edge of a trench for excavations paralleling curbs
outside of roadways shall be kept a minimum of three (3) feet from
the back of curb.
2.
Whenever excavation is performed within 800 feet of a traffic
signal, the permit holder shall contact the Public Works Department
and MO One Call for location of facilities in the area.
3.
The permit holder shall notify the City Superintendent of the
time the excavation is to be commenced at least two (2) hours before
commencement of excavation.
4.
For work involving closing a roadway to traffic, five (5) working
days' notice shall be required. The City Superintendent may require
that street closings be advertised by the permit holder. If the work
involved is due to a need for immediate repair or other good cause,
the City Superintendent may reduce or waive the required notice. No
roadway shall be closed to traffic without prior approval of the City
Superintendent.
5.
The permit holder shall provide, erect and maintain such barricades,
signs, flags, torches, lanterns or lighting at the excavation area
as may be required by the most recent edition of the Manual on Uniform
Traffic Control Devices.
D.
Additional Excavation Procedures For Pavement. All excavations in
any right-of-way shall conform with the following additional procedures:
1.
The outer edges of all cuts through paved surfaces shall be
sawed to a depth of not less than one-third of the pavement thickness
by use of a power driven concrete saw to obtain a smooth and square
cut. If an excavation is made in a roadway with a surface deficiency,
the pavement removal shall be expanded to a point where a smooth straight
edge can be maintained. If the contractor fails to saw the pavement,
the City shall perform this operation or have this operation performed,
and the cost thereof shall be charged to the contractor.
2.
Where surface exists, the roadway pavement shall be removed
to a minimum width of six (6) inches beyond each edge of the excavated
trench or area except where a four- to six-inch trenching machine
is used. Where deemed necessary by the City Superintendent, a width
of up to twelve (12) inches beyond either edge may be required.
3.
In the event the entire width of a roadway is to be excavated,
the excavation and backfill shall be completed within one-half of
the width of the roadway prior to any excavation commencing in the
remaining half of the roadway if practical as determined by the City
Superintendent.
4.
No open cuts will be permitted across arterial streets unless
undue hardship is imposed. Previous agreement from the City Superintendent
must be obtained prior to an open cut being made across an arterial
street.
5.
For the three (3) years following resurfacing of a roadway,
no open cuts will be permitted on that roadway for any work that could
have been planned.
6.
In the event an excavation crosses a curb or curb and gutter,
the curb or curb and gutter must be removed and replaced a minimum
width of six (6) inches beyond the edge of the underlying excavation.
If a bore under curb or curb and gutter is made and material sloughs
off the embankment creating a void under the curb or curb and gutter,
the entire width of curb or curb and gutter shall be removed and replaced
in accordance with the above guidelines. All curb and curb and gutter
to be removed and replaced shall be doweled to the existing curb or
curb and gutter.
E.
Backfill Procedures. All excavations within any right-of-way of the
City shall be backfilled in the following manner:
1.
Backfilling shall be accomplished as quickly as good working
practice permits, and an excavation shall not be left open and unfilled
for a longer period of time than is deemed reasonable and necessary
by the City Superintendent.
2.
Backfill of excavations under paved portions of the unimproved
right-of-way shall be placed in lifts not exceeding eight (8) inches,
and each lift shall be compacted with a flat plate tamper appropriate
for the material being used before any additional material is placed
in the excavation.
3.
Crushed stone aggregate shall be placed within three (3) inches
of the bottom of the pavement to be placed.
4.
Excavations shall be backfilled in a manner that will minimize
settlement of the backfill. The original backfill shall be left flush
with the adjacent area. It shall be the permit holder's responsibility
to repair any settlement that occurs within six (6) months after placement
of the original backfill. In addition, in areas that are seeded, the
permit holder shall be responsible for obtaining a stand of grass
equal to or better than that of the surrounding yard area.
5.
All excess materials excavated shall be removed by the permit
holder from the site of the excavation area. Shot rock in compacted
six-inch lifts may be used to stabilize the bottom of excavations.
The excavation shall be backfilled with a crushed stone aggregate
material having a maximum diameter of one (1) inch. Upon request,
the City Superintendent may approve the use of excavated material
for backfill.
6.
All backfill material shall be placed in the excavation in lifts
not exceeding eight (8) inches.
7.
Each lift shall be compacted with a flat plate tamper appropriate
for the material being used before any additional material is placed
in the excavation.
8.
Crushed stone aggregate shall be placed within one foot of the
bottom of the pavement repair.
9.
The aggregate shall be placed in a maximum of six-inch lifts
and compacted with a vibratory tamper before any additional material
is placed in the excavation.
10.
Except as provided in this subsection, backfill of excavations,
including the area of where additional width of pavement was removed
in paved roadways, shall be topped with an eight-inch thickness of
concrete pavement on arterial streets; six-inch thickness of concrete
pavement on all other roadways. At no point shall the concrete thickness
vary more than one-half-inch from that specified. In traffic lanes
high early strength concrete, eight (8) bags of concrete and four
percent (4%) calcium per yard of concrete shall be used. In other
areas, a minimum of six and one-half (6 1/2) bags of cement per yard
of concrete shall be used. All concrete shall be air-entrained. In
bituminous pavements, the top of the concrete pavement shall be held
one and one-half (1 1/2) inches below the top of the existing
pavement. In Portland cement concrete pavements, the concrete shall
be made flush with the adjacent pavement. The concrete shall be protected
from traffic until it develops adequate strength and the asphalt surface
course, if needed, is placed.
11.
In bituminous pavements that are not classified as arterial,
backfill of excavations that have a minimum width of ten (10) feet
and a minimum length of one hundred (100) feet may be topped with
asphalt base course in lieu of concrete. The asphalt base course shall
be seven (7) inches in thickness, and shall meet the standard specification
for asphalt base. The asphalt shall be placed in two (2) lifts by
a self-propelled mechanical laydown machine. Each lift shall be compacted
by a steel-wheeled vibratory roller before any additional material
is placed on top of it. The top of the asphalt base shall be held
one and one-half (1 1/2) inches below the top of the existing
pavement.
12.
No pavement will be required over excavations in crushed stone
roadways.
13.
In bituminous pavements, surface restoration shall be a one-and-one-half-inch
compacted asphalt surface course. The asphalt shall meet standard
specifications and be of the grade determined appropriate by the City
Superintendent.
F.
Maintenance and resurfacing.
1.
The permit holder shall maintain the excavation until the surface
is restored and the permit is closed out by the City Superintendent.
This responsibility includes keeping the cut flush with the street
at all times, providing barricades as needed and keeping the cut square.
In addition, the permit holder shall be responsible for repair of
any damage due to vandalism, accident, act of God or other means,
and shall perform all work necessary to prevent further damage.
2.
The permit holder shall restore unimproved portions of any right-of-way
with material identical to that of the surrounding right-of-way surface.
3.
The permit holder shall completely restore any excavation made
in Portland cement concrete pavements and any excavation in asphalt
pavement in excess one hundred (100) square feet in surface area.
[Ord. No. 928, 11-9-2017]
No person shall construct or install a connection of a private
driveway with any of the public streets of the City without first
obtaining a permit therefor from the City. Application for a permit
to connect a private driveway to the public street system of the City
shall be made in writing and shall specify the proposed location thereof,
proposed width, effect upon the grade of the street at the proposed
connection, whether the proposed connection will be dry or affected
by a drainage pipe or tile, materials to be used and proposed curbing,
if any.
[Ord. No. 928, 11-9-2017]
Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse on or after it leaves the property. In addition, the owner and any lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Failure to comply with this Section 525.060 shall be deemed a nuisance as well as a Property Maintenance Code violation punishable pursuant to Chapter 215 and/or Chapter 500, respectively, and shall be subject to the abatement procedures of those Chapters.
[Ord. No. 928, 11-9-2017]
No person shall, within the corporate limits of the City, erect,
install, place, construct or maintain and allow to remain upon the
rights-of-way of public streets and alleys or any other public place,
any structure, part thereof or any object except currently licensed
motor vehicles and trailers.
[Ord. No. 928, 11-9-2017]
No person shall, unless first authorized by the City, in any
manner excavate in or disturb the surface of any street or alley rights-of-way
of the City, nor deposit thereon any stone, dirt, oil, concrete, macadam
or other substance of any kind.
[Ord. No. 928, 11-9-2017]
Any person convicted of violating any provision of this Chapter shall be punished in accordance with Section 100.220.
