[Ord. No. 1089 §§2-9, 2-12-1974]
As used in this Chapter the following terms have these prescribed meanings:
- Pertains to a public thoroughfare for limited traffic use. All alleys within the City shall by ordinance, be established as being twenty-five (25) feet wide.
- Pertains to a person, firm or corporation, who is a legal resident or property owner of the City, an authorized assignee or representative empowered to conduct business or provide services within the corporate limits of the City.
- CERTIFICATE OF APPROVAL
- A duly authorized certificate issued by the Street Superintendent as the result of investigation, supervision and inspection, and/or by reasons of accepted principals, that all work indicated on the permit has been completed satisfactorily and in accordance with the stipulations of this Chapter.
- The City of Plattsburg, Missouri.
- Pertains to a parcel of land that is used for the installation of utilities on private property.
- A duly authorized covenant between the Applicant and the City, attesting that all work authorized by the permit will be completed in accordance with the stipulation of this Chapter.
- Pertains to a public thoroughfare for general vehicular traffic use. All street right of ways within the City shall, by ordinance, be established as being sixty (60) feet wide. Streets may be measured from gutter line to gutter line in the case of paved streets, and thirty (30) feet on each side of the center of the street in the case of unpaved streets.
- STREET SUPERINTENDENT
- Pertains to the Street Superintendent of the City, or to a duly authorized representative of the City, to act on its behalf. The Street Superintendent, or representative, shall be authorized to perform all functions pertaining to investigation, supervision, inspection and approval of all work as indicated herein.
[Ord. No.1089 §§ 10-13, 2-12-74]
Permit Required. No person, firm or corporation shall dig upon or penetrate the surface of any street, alley or utility easement within the corporate limits of the City without having first obtained a permit from the City Clerk of the City.
Emergency Provision. In the case of an emergency, the Street Superintendent shall be notified of the emergency conditions, thereupon, after review and approval by the Street Superintendent, remedial action may be undertaken. It shall thereafter become the responsibility of the prospective applicant to obtain a permit from the City Clerk within forty-eight (48) hours after the emergency condition was discovered.
Information Required Before Permit Issuance. No permit shall be issued to any applicant until adequate information is furnished to the City Clerk covering the character, amount, kind of proposed work and location and/or any other information that may be requested or required for review purposes at the time of applying for said permit.
Permit Fees. No permit shall be issued unless the applicant shall have first paid a permit fee to the City Clerk in accordance with the following Fee Schedule:
Minimum fee, up to a maximum distance of twenty-five (25) feet: $25.00.
From twenty-five (25) feet to fifty (50) feet: $1.00/ft.
From fifty (50) feet to one hundred (100) feet: $.50/ft.
All excavation in excess of one hundred (100) feet: Ten percent (10%) of the estimated construction/material costs.
[Ord. No. 1089 §14, 2-12-1974]
All work authorized by the permit shall be expediently performed by the applicant or his assignees, and in a workman like manner.
[Ord. No. 1089 §15, 2-12-1974]
At all times while any work is being performed, or is under construction on the streets, alleys and easements, the applicant to whom the permit is issued, will cause to be displayed applicable warning signs, barricades, lights and flares, for the safety and welfare of motorists and pedestrians, as described in the Manual on Uniform Traffic Control Devices, ASA D6, 1-1961, as adopted by the State of Missouri Highway Commission. In addition, flagmen shall be posted to the satisfaction of the Street Superintendent, whenever he shall so indicate the need for such posting.
[Ord. No.1089 §§17-18, 22, 27, 2-12-74]
The applicant shall not place or allow to be placed on or over any street or alley, or right of way, any sign, device or material which can be construed to be of an advertising nature relative to the permit.
The applicant shall be responsible for all plant materials adjacent to excavation. Such plant materials as trees, shrubs and turf, if disturbed or destroyed during construction phases, will be replaced by the applicant to the same, or near likeness as possible, to the satisfaction of the Street Superintendent and/or the affected property owner.
The applicant shall be responsible for removing all excavated material from the excavation site in an expedient manner. No material or debris shall be permitted to accumulate on the streets, alleys or easements as a result of the excavation.
The applicant shall be responsible for finishing all repair or restoration work to the street(s), alley(s) or easements, for which the permit covers, using materials that are the same, or better, than the original materials of the street or alley and of a thickness equal to or exceeding that which was removed during excavation.
[Ord. No. 1089 §16, 2-12-1974]
Construction materials, related machinery and/or equipment shall not be stored on any street, alley or utility easement unless authorized by, and in a manner prescribed by the Street Superintendent.
[Ord. No. 1089 §20, 2-12-1974]
All roadway ditches, culverts and other such devices used to carry surface run-off water will be kept open, free and clear at all times.
[Ord. No.1089 §§21,23, 2-12-74]
Trench width as indicated herein shall not be exceeded when excavating in any street or alley, unless otherwise authorized by the Street Superintendent. All excavation measurements shall be made from the street or alley finished grade, as follows: For excavation depth to two (2) feet, twenty-four (24) inches; for depths to four (4) feet, thirty-six (36) inches; for depths to six (6) feet, forty-eight (48) inches; for depths to eight (8) feet, sixty (60) inches and for depths to ten (10) feet, seventy-six (76) inches.
All trench excavations in excess of forty-eight (48) inches in depth shall be shored or reinforced in an approved manner to reduce the possibility of trench wall cave-ins, unless otherwise approved by the Street Superintendent.
[Ord. No. 1089 §24, 2-12-1974]
Only sand or gravel shall be permitted to be used as backfill material. The sand shall be free from debris, or other objectionable, unstable materials. Tamping of backfill material shall be done in a manner or by a method approved by the Street Superintendent, prior to tamping. After the excavation has been filled, it shall be flooded and then retamped and filled to the underside (bottom) of the adjacent hard surface of the street or alley, or to the top of the street or alley, as the case may be.
[Ord. No. 1089 §§25-26, 2-12-1974]
All excavations made into any street, alley or utility easement shall be refilled as soon as feasible. The applicant shall not proceed, however, to close, backfill or resurface any street or alley or easement without first notifying the Street Superintendent that such excavation is ready and his inspection of the same has been completed.
The Street Superintendent shall be responsible for witnessing and approving backfill operations and for making final inspections of completed work; together with issuing Certificates of Approval ninety (90) days after all work is completed by the applicant.
[Ord. No. 1089 §28, 2-12-1974]
Repairs to the street(s), alleys(s) or easements effected by the permit shall be satisfactorily maintained by the applicant for ninety (90) calendar days after the restoration work is completed. If within any part of the ninety (90) calendar day period, the work deteriorates or becomes unsatisfactory in any manner or fails to comply with the stipulations or intent of this Chapter, and said deficiency is not put into satisfactory condition by the applicant within seventy-two (72) hours after notification by the Street Superintendent, then the Street superintendent shall proceed to correct said deficiency and shall make a reasonable charge thereto. Any and all such charges shall be indicated on the Certificate of Approval.
[Ord. No. 1089 §29, 2-12-1974]
Whenever the applicant shall present to the City Clerk a Certificate of Approval as approved and issued by the Street Superintendent, the City Clerk shall refund to the applicant the permit fee, after a deduction for investigation, supervision and inspection services performed by the City, based upon the rates indicated herein has been made, together with collecting any rework charges incurred to the applicant:
Service fee covering excavation to a maximum distance of twenty-five (25) feet: $2.00.
Service fee covering excavation to a maximum distance of fifty (50) feet: $2.50.
Service fee covering excavation to a maximum distance of one hundred (100) feet: $3.00.
Service fee covering excavation exceeding one hundred (100+) feet: $4.00 for first one hundred (100) feet, plus four dollars ($4.00) for each additional one hundred (100) feet or fraction thereof.
[Ord. No. 1089 §30, 2-12-1974]
The issuance or granting of a permit to excavate on any street, alley or utility easement, or the approval of plans and/or specifications, shall not be deemed or construed to be a permit for, or approval of, any violation of the stipulations of this Chapter. No permit purporting to give authority to violate, or cancel the stipulations of this Chapter shall be valid.
[Ord. No. 1089 §31, 2-12-1974]
The issuance or granting of a permit upon plans and/or specifications shall not prevent the City or it's duly authorized representatives from thereafter requiring the correction of errors in said plans and/or specifications, or from preventing work being carried on thereunder, when in violation of this Chapter.
[Ord. No. 1089 §32, 2-12-1974]
This Chapter shall not be construed as imposing upon the City any liability or responsibility for damage resulting from material or workmanship covering the installation of the same thereof, nor shall the City, or any official or employee thereof be held as assuming any such liability or responsibility by reason of investigation, supervision or inspection authorized thereunder.
[Ord. No. 1089 §33, 2-12-1974]
Any person, firm or corporation violating any of the stipulations of this Chapter shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense, for each and every day or portion thereof, during which, any violation of any stipulation of this Chapter is committed, continued or permitted, and upon conviction of any such violation(s), such person, firm or corporation shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) for each offense or imprisoned in the City Jail for not more than thirty (30) days, or by both, such fine and imprisonment.