City of Warrenton, MO
Warren County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1867 §I, adopted July 21, 2009, repealed ch. 520 and enacted new provisions set out herein. Former ch. 520 derived from R.O. 2006 §§520.010 — 520.080; ord. no. 719 §4, 3-3-92; ord. no. 1341, 9-16-03; ord. no. 1444 §1, 9-21-04.
[Ord. No. 1867 §I, 7-21-2009]
For the purpose of this Chapter, the following terms mean:
APPLICANT
Any person making application for permit to excavate.
BORING
Drilling or pushing casing under a street without affecting its top surface.
CITY
City of Warrenton, Missouri.
ENGINEER
Any engineer or his/her authorized representative retained or employed by City of Warrenton.
EXCAVATION
Any cutting, digging, boring, pushing casings under or through or the making of any opening.
HIGH-TYPE SURFACE
Any hot asphaltic concrete surface or Portland cement concrete surface or better, any chip and sealed surface, or any other all weather type surface.
LOW-TYPE SURFACE
Any surface of lesser grade than high-type surface which would include aggregate, gravel or dirt.
PERSON
Any person, partnership, corporation or other entity.
[Ord. No. 1867 §I, 7-21-2009]
A. 
No person shall cut through, dig into or make any opening in any hot asphaltic concrete street surface or any Portland cement street surface within the City for the purpose of constructing, installing, laying or repairing sewer lines, water lines, electric lines, gas lines, telephone lines or other such utilities, unless the existing location of a City water main or a City sewer line is located under said asphaltic or concrete surface, and the purposes of such cutting into or opening in the hard surface is to connect an existing sewer line or existing water main located under the hard surface.
B. 
In the event cutting is required for connection of an existing sewer line or water main, the other provisions of the ordinance shall apply to such cutting or opening.
C. 
In all other instance, where a person needs to cross under any street with any sewer line, water main, water line, gas line, electric line, telephone line or other such utility, he/she shall be required to bore under the hard surface street and shall not cut or dig into the street surface.
[Ord. No. 1867 §I, 7-21-2009]
A. 
It shall be unlawful for any person to make an excavation within the right-of-way limits of any street, alley or sidewalk within the City without first obtaining a permit from the City; provided that in case of an emergency which requires immediate attention to remedy defects in order to prevent loss or damage to persons or property, it shall be sufficient that the person making such excavation or opening in the streets, alleys or sidewalks obtain a permit as soon as possible and may proceed without such permit where such permit cannot be obtained immediately and before starting such excavation or opening.
B. 
The person securing a permit to make an excavation in any street, alley or sidewalk shall be deemed to be the person making such excavation.
[Ord. No. 1867 §I, 7-21-2009]
A. 
Where it shall be necessary to make an excavation within the limits of any street, alley or sidewalk, the applicant for an excavation permit shall, before receiving a permit, deposit with the City:
1. 
For excavation of high-type surface, not less than two thousand dollars ($2,000.00).
2. 
For excavation of low-type surface, not less than one thousand dollars ($1,000.00).
3. 
In lieu of such cash deposit, the applicant may file with the City a corporate surety bond sufficient in amount to insure payment for the proper repair of such excavation and to insure and protect the City from all damage that may arise from such excavation prior to acceptance by the City, after proper backfilling.
4. 
Such deposit shall be returned one hundred eighty (180) days after the excavation has been backfilled and after the Public Works Director shall have reported the excavation to have been properly repaired and payment made therefore and to his/her knowledge no damage to any person has occurred by reason of such excavation prior to acceptance by the Public Works Director.
[Ord. No. 1867 §I, 7-21-2009]
Every person making an excavation in a street, alley or sidewalk shall pay to the City, for the inspection and permits required by this Section, a permit fee of fifty dollars ($50.00).
[Ord. No. 1867 §I, 7-21-2009]
All work will be performed expediently and in a workmanship-like manner, and every person making such excavation shall agree to perform all work in accordance with the permit and to indemnify and hold harmless the City, its officers and employees from all liability, judgments, costs, expenses and claims growing out of damages or alleged damages or any nature to any person or property arising out of performance or non-performance of said work or the existence of facilities and/or appurtenances thereof.
[Ord. No. 1867 §I, 7-21-2009]
Where an application is made for an excavation permit for installing an underground gas main, an underground telephone cable, an underground water main or a sanitary or storm sewer, the applicant shall submit a blueprint or plat showing the location where the proposed main or cable is to be placed, if such blueprint is requested by the Public Works Director, and the same shall be located and installed in accordance with the policies or at the direction of the Public Works Director of the City.
[Ord. No. 1867 §I, 7-21-2009]
All underground water line installations will have a minimum cover of thirty (30) inches. All other underground installations will have a minimum cover of twenty-four (24) inches, except parallel direct burial underground telephone cable which may have a minimum of twenty-one (21) inches of cover. Greater minimums may be required by the Public Works Director.
[Ord. No. 1867 §I, 7-21-2009]
All excavations shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such excavation and barricades. All excavations shall be barricaded and lighted at night in the manner described in this Section. When the entire right-of-way is excavated, detour signs shall be posted and located as required by the Public Works Director.
[Ord. No. 1867 §I, 7-21-2009]
At the completion of any work requiring excavation of a street, alley or sidewalk, such excavation shall be immediately backfilled by filling the excavation in six (6) inch lifts of crushed limestone. Each lift shall be well tamped. Compaction will be to the satisfaction of the Public Works Director.
[Ord. No. 1867 §I, 7-21-2009]
When an excavation has been made within the limits of any street, alley or sidewalk and after the same has been properly backfilled and open to traffic a sufficient length of time to insure proper settling, which time shall be at least thirty (30) days, the person making the excavation shall notify the Public Works Director that the same is ready for final repair. The Public Works Director or the City's designee shall immediately inspect the same and if he/she finds that such excavation has been properly backfilled and has settled sufficiently to permit final repair, shall authorize the person making such excavation to proceed with final repair. Applicant shall maintain surface until ordered to final patch. After the person makes such final repair in accordance with Section 520.120 and acceptance by the City, the City shall relieve the person making excavation from further liability in connection therewith, except for the payment of the final repair and except that on the parkway and shoulders of unpaved streets, the person making the excavation shall be responsible for the same for a period of not less than ninety (90) days and until final repair is accepted by the City. The judgment of the Public Works Director as to when an excavation has been properly backfilled and has settled sufficiently to permit final repairs shall be conclusive.
[Ord. No. 1867 §I, 7-21-2009]
A. 
After inspection and acceptance of excavation by the City, the person making the excavation shall proceed with the final repair of such excavation in the following manner:
1. 
High-type surface. If the excavation is in the paved portion of any street, alley or sidewalk:
a. 
The backfill shall be removed to a depth of eight (8) inches below the riding surface.
b. 
High-type asphaltic concrete and Portland cement concrete pavement will be repaired by sawing the pavement in a straight line a minimum of eighteen (18) inches on each side of the excavation. If the cut is within four (4) feet of a longitudinal or transverse joint or crack, the cut will be extended to that joint or crack. Portland cement concrete surfaces will be replaced with an eight (8) inch thickness of Portland cement concrete. Asphaltic concrete surfaces will be replaced with a six (6) inch thickness of limestone base topped with a two (2) inch thickness of asphaltic concrete for a wearing course. If the excavation is within a blacktop or bituminous roadway, the applicant shall place six (6) inches, after compaction, of limestone base material and two (2) inches of a commercial mix bituminous material.
2. 
Low-type surface. If the excavation is within the limits of any low-type surface street, alley or sidewalk, the person making repairs shall remove the top six (6) inches of the backfill and refill the same with four (4) inches of limestone base and the final two (2) inches of material equal to or better that the type of original surface removed.
3. 
If the excavation is within the parkway or shoulder of any paved or unpaved street or alley or in any excavation on low-type surface, the same shall be maintained by the person making the excavation for a minimum period of ninety (90) days. Should the person making the excavation fail to properly maintain it for such period, then the City will assume the responsibility of the maintenance and a charge for such maintenance will be made and paid for from deposit or surety bond.
[Ord. No. 1867 §I, 7-21-2009]
Encasement requirements will be specified by the Public Works Director in accordance with the City's standards.
[Ord. No. 1867 §I, 7-21-2009]
Cable, wire, small diameter pipe and other such utility appurtenances extending from the surface of the ground shall be equipped with covers or guards to improve their visibility.
[Ord. No. 1867 §I, 7-21-2009]
Street ditches, culverts and other such devices used to carry surface runoff will be kept open, free and clear at all times.
[Ord. No. 1867 §I, 7-21-2009]
All voids resulting from boring or pushing casings or other facilities under roadways or approaches will be filled to the satisfaction of the Public Works Director by a method and with a material approved by him/her in accordance with the City's standards.
[Ord. No. 1867 §I, 7-21-2009]
Top grade for all manholes will conform to any transverse or longitudinal slope and the top shall be two (2) inches below finished ground line.
[Ord. No. 1867 §I, 7-21-2009]
A. 
Street plant materials, including trees and shrubs, shall be protected. Such materials and turf which are disturbed will be restored as directed by the Public Works Director or engineer. Trees and shrubs will not be trimmed, cut, moved or sprayed without specific permission from the engineer.
B. 
All sidewalks, steps, driveway approaches, drainage facilities, erosion protection and/or highway appurtenances in general which are removed or damaged as a result of the work herein will be repaired or replaced to the satisfaction of the engineer. Applicants will be responsible for such repairs for one (1) year from the date the permit is released.
C. 
In case the damage to private property located on City right-of-way with the permission of the City or engineer, applicant will repair or replace such property to the satisfaction of the owner. In all cases, applicant will notify the owner of such damage immediately.
[Ord. No. 1867 §I, 7-21-2009]
Construction materials and equipment will not be stored on the roadway or shoulders and will remain as near the right-of-way line as possible. If the applicant is performing work or has a right to the property adjacent to the City's right-of-way, all materials and equipment will be stored on the property.
[Ord. No. 1867 §I, 7-21-2009]
The total cost of all construction, maintenance and removal of facilities and their appurtenances installed or placed under this permit shall be borne by the applicant, his/her grantees, successors, heirs and assigns.