[Ord. No. 38 §23]
No person shall excavate a hole or cut in any sidewalk, street or alley in the City without first obtaining a permit to do so as provided by this Chapter.
[Ord. No. 38 §24; Ord. No. 99-021, 8-9-1999]
The fee for the permit required by this Chapter shall be in the amount of twenty-five dollars ($25.00).
[Ord. No. 38 §25]
A. 
The permit required by this Chapter shall be issued by the City Clerk.
B. 
No permit to excavate a hole or cut in a sidewalk, street or alley in this City shall be issued except to persons or companies properly licensed and bonded, if otherwise required, to do business in this City.
[Ord. No. 38 §26; Ord. No. 54 §1; Ord. No. 570, 8-8-1994]
A. 
No permit shall be issued unless the applicant shall deposit with the City a sum of three hundred dollars ($300.00). Such deposit shall not be refunded until thirty (30) days after the completion of the excavation and final inspection thereof. If, upon inspection, it is found that the completed excavation is not in accordance with the standards prescribed by this Chapter, notice shall be given to the permittee to correct such defects within such time specified therein. Upon refusal of the permittee to correct such defects, the City shall correct them and deduct its costs so incurred from the amount of deposit and refund the balance to the permittee.
B. 
Permit — Continuing Bond For Utilities. Public utilities which have lines, cables, mains, poles or other constructions within the City of Herculaneum may post a five hundred dollars ($500.00) bond for excavations provided for by this Section in lieu of the one hundred dollars ($100.00) deposit in Subsection (A). Such bond when filed with the City Clerk shall authorize said utilities to carry on emergency excavations without the permit required herein. Provided however, that such utility furnishing such bond shall obtain a permit from the City Clerk on the next business day after such emergency excavation is commenced.
C. 
Indemnity. As a condition of the issuance of any permit or authorization to excavate under the terms of this Section to any utility, such utility will indemnify and save harmless the City from any damages, costs or attorneys fees for any cause of action against the City which may arise from any excavation or construction by said utility under the terms of this Section.
[Ord. No. 38 §27]
Any person having been issued a permit to make a cut or hole in a sidewalk, street or alley of this City, shall remove all earth and dirt excavated from each excavation from the site of such excavation within forty-eight (48) hours of the commencing of such excavating procedure. Each day in excess of forty-eight (48) hours after the commencing of such excavating procedure that such earth and dirt is not so removed shall be considered a separate violation of the provisions of this Section.
[Ord. No. 38 §28]
A. 
Upon the completion of the installation of the utility in question, the person having been issued a permit to make a cut or hole in a sidewalk, street or alley of this City shall refill such excavation using the following method, to-wit:
1. 
Earth or mud or dirt shall not be used to fill such excavation. The only materials that may be used shall be one of the following:
a. 
So-called waste white silica sand, or
b. 
One (1) inch minus, crushed limestone, or
c. 
Screened gravel passing through a one inch sieve.
2. 
Water jetting shall be used as is necessary to allow and cause compaction of the backfill.
3. 
Pavement removed during the course of such excavation shall be replaced with material of the same or similar content or composition as that of the street, sidewalk or alley in which the excavation was made.
There shall not be any exceptions, exemptions or waivers of the provisions of this Section relating to the method of refilling holes or cuts made in the sidewalks, streets or alleys of this City by any person issued a permit for such purpose under this Chapter.
[Ord. No. 38 §29]
Violation of any of the provisions herein shall be a misdemeanor and punishable, upon conviction, by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00).
[Ord. No. 375 §§1 — 2, 9-26-1988; Ord. No. 06-2018 § 1, 2-5-2018; Ord. No. 31-2019, 8-5-2019]
A. 
Drilling, digging, enlarging or deepening of water wells or reopening of abandoned water wells within the boundaries of the City, except by the City, and the taking of water from wells hereafter dug or drilled within the City, except by the City, is hereby prohibited, except as provided for in Subsection (C).
B. 
The taking of water from now existing wells within the City, except by the City, for use in or about buildings or other structures hereafter constructed or hereafter substantially renovated, remodeled or increased in dimension, is hereby prohibited, except as provided for in Subsection (C).
C. 
For any property annexed into the City after September 26, 1988, if the installation of a water service extension to provide water pursuant to Chapter 630 would be unreasonable due to the extension consisting of more than four hundred (400) feet, then the property owner may drill a water well and take water from the well. If the property owner would needs to enlarge or deepen the water well or re-open it after abandoning it and, at the time of enlargement, deepening or re-opening of a well, a water service line is located less than four hundred (400) feet from the property, then the property owner shall be required to install a water service extension and obtain water from the City.