City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
[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:
1. 
Public work done by authority of the State Highway Commission or of the City Council; and
2. 
Emergency work done by authority of the Police or Fire Department of the City of Aurora.
[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]
A. 
Application for an excavation permit shall be made with the Planning and Zoning Director 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 Planning and Zoning Director 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 Planning and Zoning Director 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 Planning and Zoning Director or his/her designated representative. A separate permit shall be required for each excavation, and a fee of fifty dollars ($50.00) shall be paid for excavations of one-half (1/2) the width of the street or less, and a fee of one hundred dollars ($100.00) shall be paid by the applicant for all excavations of a street greater than one-half (1/2) the street width, for each such permit requested. Prior to performing an excavation in the public right-of-way, the applicant shall have on file with the City Clerk a bond in the amount of two hundred fifty dollars ($250.00).
B. 
The penalty for failure to obtain a permit on any utility cut to be performed or for failing to properly follow any Section within this Chapter, except when an emergency situation shall exist, shall be a fine of not less than two hundred fifty dollars ($250.00).
[CC 1988 §24-133; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
The Planning and Zoning Director 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.
[Ord. No. 83-1827 §4, 7-11-1983; Ord. No. 84-1852 §4, 6-11-1984; CC 1988 §24-134; Ord. No. 2011-2905 §1, 5-24-2011]
Any person having occasion to make frequent excavation in any public place, street, walkway, right-of-way or easement, or any licensed plumbing contractor having his principal place of business in this City who shall make any such excavations, shall not be required to pay the permit fee each time an application is made therefor, but may be billed on a monthly basis for such fees and costs.
[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.
[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.
[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.
[Code 1972 §32-24; CC 1988 §24-138; Ord. No. 94-2152 §2, 6-27-1994; Ord. No. 2011-2905 §1, 5-24-2011]
A. 
Upon completion of excavation, no backfilling or asphalting shall begin without the presence of a designated City inspector. The excavation shall be inspected to establish that the street has been properly prepared for paving. Once the inspection is complete and the site is approved, the area shall be filled with three-fourths (¾) inches clean rock up to the last six (6) inches where City-approved street mix concrete shall be placed and mechanically vibrated to bring excavation to match existing street grade as approved by the Planning and Zoning Director or Public Works Superintendent. If concrete is not poured at the time of backfilling, then compacted base rock shall be used for the last six (6) inches and shall match existing grade of street. Base rock shall be maintained until placement of above mentioned concrete is completed.
This should be done in such a manner so as to leave the surface of the street smooth, firm and intact, and to prevent the paved street or public place from becoming a sinkhole. Upon completion of the fill, it shall be inspected by the Planning and Zoning Director or designated inspector, or the Street Department to see that the street has been left in a safe and good condition ready for paving. If any fill is found not be properly made, the Planning and Zoning Director shall have the same done properly, and charge the costs thereof against the person to whom the permit was granted.
B. 
When the excavation is made in other than a paved area, the original excavation material may be approved as backfill by the Planning and Zoning Director or Public Works Superintendent with the top six (6) inches being of crushed base rock material.
[CC 1988 §24-139; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
The work of placing, compacting, backfilling and resurfacing 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 or resurfacing 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.
[CC 1988 §24-140; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 94-2152 §3, 6-27-1994; Ord. No. 2004-2599 §1, 6-8-2004; Ord. No. 2011-2905 §1, 5-24-2011]
A. 
When backfilling the excavated area three-fourths (¾) inches clean rock is to be used up to the last six (6) inches where City-approved street mix concrete shall be and mechanically vibrated to bring excavation to match existing street grade. If concrete is not poured at the time of backfilling, then compacted base rock shall be used for the last six (6) inches and shall match existing grade of street. Base rock shall be maintained until placement of above mentioned concrete is completed.
1. 
Repairs made by utility companies may use six (6) inches of rock free dirt, lime sand, ag sand, or five-sixteenths (5/16) inch rock (pea gravel) to pad lines.
2. 
Prior to backfilling, the Planning and Zoning Director or designated inspector, or the Street Department shall inspect the excavation to establish that all water and wet loose materials shall be removed from the area.
3. 
Prior to placement of said concrete required in this Section, the Planning and Zoning Director or designated inspector, or the Street Department shall inspect the site.
4. 
When backfilling non-paved alleys or City rights-of-way, backfill material shall be approved by the Planning and Zoning Director or Public Works Superintendent.
B. 
Every contractor shall check their cuts once a week up to time of repaving to keep enough rock in cut to not effect motorists driving over them.
C. 
Planning and Zoning Director shall be contacted when an excavation is being made and filled for inspection.
D. 
Asphalt Repairs. When approved by the Planning and Zoning Director or Public Works Superintendent.
1. 
Prime or tack oil will be required when replacing asphalt in all cuts made by any contractor on an asphalt surface.
2. 
Cuts on chip and seal streets are to be replaced with cold mix.
3. 
Cuts on all streets that have been overlayed or leveled with hot mix, prime or tack oil will be required along with hot mix.
4. 
The use of prime or tack oil will depend on the size of the cut along with the Planning and Zoning Director or Public Works Superintendent's recommendation.
5. 
Prime MC30 or MC70 type oil will be required.
6. 
Tack oil SS1 type will be required; if water is used with the tack oil, not more than twenty-five percent (25%) water will be allowed.
7. 
Planning and Zoning Director or Public Works representative will be present when oil and asphalt work is being done.
8. 
Asphalt must be replaced thirty (30) days after the cut has been made, weather permitting.
9. 
All cuts made on hot mix surfaces shall have a minimum of twelve (12) inches of bridging or overlapping around the cut.
10. 
Repairs for all excavation permits issued shall be inspected not more than twenty-four (24) months following the date of the permit to ensure repairs stay in good condition. Any repairs that are required will be the responsibility of the person or entity to whom the permit was issued.
[CC 1988 §24-140.5; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 2011-2905 §1, 5-24-2011]
Any person, firm or corporation in making any excavation or tunnel in or under any public street, alley or other public place in the City shall restore the surface in accordance with the specifications established from time to time by the City and on file in the City Clerk's office. All such restoration shall be performed at the sole expense of applicant. Additionally, the applicant shall have the sole responsibility for all costs of maintenance and shall unconditionally guarantee the restoration project for a period of twenty-four (24) months after final completion thereof against any defective materials, workmanship, or failure to conform with the specifications including, but not limited to, any damage or defective work caused by natural elements, wear and tear, or results of accidents.
[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 Street Department shall inspect every excavation made under the provisions of this Chapter as often as he may deem necessary.
[CC 1988 §24-143; Ord. No. 90-2002 §2, 5-14-1990; Ord. No. 94-2152 §4, 6-27-1994; Ord. No. 2011-2905 §1, 5-24-2011]
A. 
The excavation and restoration work hereinbefore specified, including, but not limited to, street resurfacing, shall, for a period of twenty-four (24) months following the date of the excavation work, be the responsibility of the applicant and excavator who shall bear all costs of maintenance on the repaired portion for such time.
B. 
If there are found to be three (3) or more excavations made within a one (1) block area on a street that has been overlayed within the last two (2) years, the same area must be overlayed by the applicant within the remainder of the twenty-four (24) month maintenance agreement.
[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.
[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]
Any person, firm or corporation who violates any provisions of this Chapter, or when repair work has not been completed after three (3) working days (weather permitting), shall be subject to a fine of not less than twenty-five dollars ($25.00) but not more than two hundred fifty dollars ($250.00) a day until work is completed, unless special written permission from the Planning and Zoning Director or Public Works Superintendent or designated agent thereof is granted.