[R.O. 1993 § 540.010; CC 1988 § 24-131; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
A.
No person shall make or suffer to be made within the City any excavation
in any public street, place, walkway, right-of-way or easement unless
and until a permit for such excavation has been obtained from the
City Planning and Zoning office in accordance with the provisions
of this Chapter. No exception to this requirement shall be permitted
except:
[R.O. 1993 § 540.020; CC 1988 § 24-132; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 94-2152 § 1, 6-27-1994; Ord. No. 95-2204 § 1, 11-28-1995; Ord. No. 96-2225 § 1(A), 3-12-1996; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2013-2952 § 1, 5-28-2013; Ord. No. 2018-3143, 3-27-2018]
A.
Application for an excavation permit shall be made with the Building
Inspector or his/her designated representative. An application shall
be made in writing, or under specified circumstances, by telephone.
The application shall contain such information as the Building Inspector
or his/her designated representative may require regarding the purpose,
location and size of the proposed excavation and the approximate time
when the work thereon will be commenced and completed. When it is
not practical to obtain a written permit prior to excavation, the
person or business may request a permit by telephone or facsimile
communication. In order to obtain a permit without a written application,
the person or business must have on file with the Building Inspector
or his/her designated representative the name, address and telephone
number of the person's or business's primary business location
and a copy of a current business license. If a telephone application
is made, then the person or business requesting the permit shall file,
within two (2) working days, a written application with the Building
Inspector or his/her designated representative. A separate permit
shall be required for each excavation, and a fee of one hundred fifty
dollars ($150.00) will be charged for cuts up to and including forty-eight
(48) square feet. For cuts over forty-eight (48) square feet, additional
charges of three dollars and fifty cents ($3.50) per square foot will
be added.
[R.O. 1993 § 540.030; CC 1988 § 24-133; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
The Building Inspector shall prepare and keep at least one (1)
copy of the City's specifications for excavation work on file
in the City Clerk's office and the City Planning and Zoning office
to be available to the public for inspection and use during all regular
business hours. Such specifications shall state the minimum requirements
for cutting of any street or public way, backfill, required compaction,
resurfacing material and time for completing project.
[R.O. 1993 § 540.050; CC 1988 § 24-135; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
A.
Every person who makes or causes to be made any excavation in or
adjoining any public street, sidewalk or public place shall provide,
erect and maintain at all times along the line of work all such barricades,
signs, lights and warning signals as may be necessary to protect the
public from the hazards arising from the operation.
B.
Every person who makes or causes to be made any excavations shall
indemnify the City against all liability arising by reason of such
excavations.
[R.O. 1993 § 540.060; CC 1988 § 24-136; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
The permit holder shall be liable for any damages occurring
by reason of an excavation and shall save the City harmless from any
claims, damages or causes of action.
[R.O. 1993 § 540.070; Code 1972 § 32-23; Ord. No. 80-1785 § 1, 12-8-1980; CC 1988 § 24-137; Ord. No. 2011-2905 § 1, 5-24-2011]
A.
All utility companies shall at the option of the City be billed at
the end of each month for all permits, inspections, fees and charges,
and costs herein provided incurred by them during the month.
B.
Firms, corporations and other persons who perform excavating shall
be billed at the time of obtaining their permit for all costs herein
incurred.
[R.O. 1993 § 540.080; Code 1972 § 32-24;
CC 1988 § 24-138; Ord. No. 94-2152 § 2, 6-27-1994; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
A.
General Excavation Fill Requirements. Upon completion of any City
street or alley cut excavation repair, the excavation site or street/alley
cut shall be inspected. No backfill material shall be introduced without
the presence of the Building Inspector or a designated City employee.
The utility company may bed any utility lines as per utility company
standards, including but not limited to the use of sand or pea gravel.
The remaining area of the excavation site or street/alley cut shall
be backfilled with three-fourths (3/4) clean rock and capped with
a minimum of compacted eighteen (18) inches of crushed base rock material
as approved by the Public Works Director, Building Inspector or a
designated City employee. Backfilling should be done in such a manner
as to match the existing grade of the street prior to excavation,
leaving the surface of the street compacted firm, free from broken
chunks or sections of street asphalt or concrete, mud, and to prevent
the paved street or public place from becoming a sinkhole and to not
cause further damage to the surrounding street surface. The permit
holder would be required to maintain the crushed base rock to street
level, from natural erosion, or public/private vehicle contact for
a minimum period of two (2) weeks, allowing for natural settling to
take place, or until the City’s Public Works Department completes
the asphalt repair. Alleys that have not been paved will require the
same fill regulations for all City streets, except for replacing the
top six (6) inches of excavated area with like materials as the existing
alley.
B.
City Completes Certain Street Or Alley Repair. Following the approved
backfill of all paved City street or paved alley excavation sites
or street cuts by the Building Inspector or designated City employee,
the City Public Works Department will complete restoration repairs
of the excavation site street cut with asphalt mix to City street
standards, at which time the utility company or permit holder is released
from any maintenance issues of the excavation site.
C.
Excavation Site Repairs Or Reentry. If any excavation site is found
to be improperly made or maintained, the Building Inspector or designated
City employee shall have the site redone properly and charge the costs
thereof against the utility company or person to whom the City’s
excavation street/alley cut permit was granted. When the excavation
is made in a non-paved area, excluding a City alley, the original
excavated material may be approved as backfill material by the Building
Inspector or designated City employee.
Once the asphalt repair is made by the City’s Public Works
Department, if the utility company must reenter the same excavation
site for any reason, a new street cut permit will be required.
[R.O. 1993 § 540.090; CC 1988 § 24-139; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
The work of placing, compacting, and backfilling excavated areas
shall be performed at the sole cost of the person making the excavation.
If such person is not sufficiently qualified to perform the excavation
work, the person making the excavation may hire an independent contractor
to perform such work to make the necessary changes so as to conform
with the City's specifications for excavation work. Charges and
expenses to perform such work shall be paid by the applicant.
[R.O. 1993 § 540.120; Code 1972 § 32-26;
CC 1988 § 24-142; Ord. No. 2011-2905 § 1, 5-24-2011]
The Planning and Zoning Director or designated inspector, or
the Public Works Department shall inspect every excavation made under
the provisions of this Chapter as often as he/she may deem necessary.
[R.O. 1993 § 540.140; Code 1972 § 32-27;
CC 1988 § 24-144; Ord. No. 2011-2905 § 1, 5-24-2011]
A.
In making excavations in streets, alleys or sidewalks for laying
service pipes or making repairs, or for any other purpose, the earth,
plank, brick, paving stones or other material removed shall be deposited
in a manner that occasions the least inconvenience to the public and
provides for the passage of water along the gutters.
B.
If any spoils and fill material transported to and from the excavation
site are spilled onto any public street, paved alley or other public
place in the City, they shall be immediately cleaned up by the individual
or company performing the excavation with the expense of the cleanup
to be the sole responsibility of said individual or company.
[R.O. 1993 § 540.150; CC 1988 § 24-145; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2002-2514 § 1, 7-9-2002; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
Any person, firm or corporation who violates any provisions of this Chapter, or when repair work has not been completed within two (2) weeks, shall be subject to a fine as set forth in Section 100.220 of this Code per day until work is completed, unless special written permission from the Planning and Zoning Director or Public Works Director or designated agent thereof is granted.
[Ord. No. 2016-3056 § 1, 1-26-2016]
Sections 319.010 through 319.050, "Underground Facility Safety
and Damage Prevention," also known as "The Missouri One Call Law,"
are hereby incorporated by reference into the Aurora Municipal Code
of Ordinances. One (1) copy of the Underground Facility Safety and
Damage Prevention Statute is on file in the office of the City Clerk
and marked "Official Copy."
