[R.O. 2011 §510.020; CC 1971 §17.1(1); Ord. No. 77-15 §1, 9-21-1977]
For the purposes of this Article, the following terms shall
be deemed to have the meanings indicated below:
The area on, below or above a public roadway, highway, street
or alleyway in which the City has an ownership interest, but not including:
The airwaves above a public right-of-way with regard to cellular
or other non-wire telecommunications or broadcast service;
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad
facilities; or
Pipes, cables, conduits, wires, optical cables, or other means
of transmission, collection or exchange of communications, information,
substances, data, or electronic or electrical current or impulses
utilized by a municipally owned or operated utility pursuant to Chapter
91 or pursuant to a charter form of government.
Shall include that portion of the right-of-way wherein grading,
clearing, compaction, macadamizing, asphalting, the spreading of gravel
or concrete or other surfacing material, and other improving has taken
place in order to enhance the transportation throughout the City of
motor vehicles, including streets, alleys, highways, and other lanes
of public ambulation.
Shall include but is by no means confined to the following:
All of the public way, as defined in Subsection (1) above; and in
addition, all of the area between the public way, extending perpendicularly
in either direction to the point where the public property ends.
[R.O. 2011 §510.030; CC 1971 §§17.1(2), 17.3; Ord. No. 206-3 §§1 — 5, 8-15-1961; Ord. No. 77-15 §2, 9-21-1977]
A.
No
person shall make or cause to be made any cuts or excavations in,
through or under any public way, right-of-way, or public place in
the City for any purpose whatsoever without a permit therefor being
first obtained from the City Official in charge of public works, which
permit shall not be issued until the applicant has complied with the
Sections of this Article.
B.
The
installation, constructing, repair or changing of any culvert, drain
or driveway opening in any street right-of-way in the City of Riverside
is hereby prohibited unless a permit is first obtained from the City.
[R.O. 2011 §510.040; CC 1971 §17.1(3); Ord. No. 77-15 §3, 9-21-1977]
All applications for a permit under the provisions of this Article
shall be signed by the person, or his/her duly authorized representative,
who desires to do the work designated in the application. Such application
shall not be assignable. The applicant for permit shall designate
on a map or diagram attached to the application, the location of the
proposed cut or excavation to be made, in such a manner that the house
number or lot number in front of which and the side of the street
upon which the same is to be made is plainly indicated. The map or
diagram shall also show the dimensions and character of the proposed
cut or excavation. The applicant will provide satisfactory evidence
of liability insurance of at least $100,000.00/$300,000.00/$50,000.00
including the City as an additional insured.
[R.O. 2011 §510.050; CC 1971 §17.1(4); Ord. No. 77-15 §4, 9-21-1977]
A sum equal to one percent (1%) of the bond required by Section 510.060 of this Article with a minimum of one hundred dollars ($100.00) shall be charged for each permit issued under this Article. Such fee, if paid by a negotiable instrument shall be made payable to "City of Riverside, Missouri". If paid by cash, such cash
shall be remitted to the City with the application and shall be deposited
to the credit of the General Fund.
[R.O. 2011 §510.060; CC 1971 §17.1(5); Ord. No. 77-15 §5, 9-21-1977]
A.
Amount, Purpose. Before any permit under this Article shall
be issued, the applicant for such permit shall have deposited with
the City Treasurer an amount equal to thirty dollars ($30.00) per
square foot of cut or excavation in, through or under any public way,
right-of-way, or public place with a minimum fee of five hundred dollars
($500.00) lawful money of the United States. This money shall be maintained
and held, and shall constitute a special deposit, the object of such
deposit being to protect the City on account of any expense it may
incur in repairing, refilling, paving or resurfacing to its prior
condition any public way, right-of-way, or other public place damaged
by any unrepaired, cut or excavation that was made pursuant to the
permit.
B.
Withdrawal. Any person desiring to withdraw the deposit
shall notify the City Official in charge of streets who shall thereupon
certify to the Director of Public Works as to the amount of unexpended
balance of such deposit, together with a statement of any charge due
the City growing out of any liability herein provided for, and after
deducting all lawful charges due or to become due the City for any
liability hereunder, the balance shall be returned to such person.
[R.O. 2011 §510.070; CC 1971 §17.1(6); Ord. No. 77-15 §6, 9-21-1977]
A.
Prior
to abandoning a permit site, the permittee shall restore, repair,
and otherwise reconstruct all public ways, which permittee's activities
have damaged to their previous condition and cuts through City's streets
shall be refilled with crushed limestone material equal to AB-3 and
six (6) inch high layers compacted to ninety-five percent (95%) of
standard protraction and surfaced with same material in the same thickness
as removed in accordance with specifications of Kansas City Chapter
of A.P.W.A. (American Public Works Association) which is on file in
the City offices marked Exhibit "A" and made a part of this Article
as though fully set out therein and in addition shall remove and dispose
of extracted earth. Such reconstruction and repairs shall restore
all grades, slope and curve elevations. This Section applies with
equal force to disturbed drives and crossings within the City's right-of-way
boundaries.
B.
All
construction outside of the public way but within the right-of-way
or in any other public place shall be restored to at least ninety
percent (90%) compaction and the pertinent grade and curve elevation
shall be maintained and the area shall be returned to its pre-existing
natural state including resodding.
C.
Restoration By A Public Utility Right-Of-Way User.
1.
A public utility right-of-way user, after an excavation of a
public right-of-way, shall provide for restoration of the right-of-way
and surrounding areas, including the pavement and its foundation,
in accordance with the standards and conditions of the political subdivision,
unless the City, at its option, chooses to perform its own street
restoration, in which case the public utility right-of-way user shall
be responsible for reimbursing the City its reasonable actual restoration
costs within thirty (30) days of invoice. Restoration of the public
right-of-way shall be completed within the dates specified in the
right-of-way permit, unless the permittee obtains a waiver, extension
or a new or amended right-of-way permit. Every right-of-way user to
whom a right-of-way permit has been granted shall guarantee for a
period of four (4) years the restoration of the right-of-way in the
area where such right-of-way user conducted excavation and performed
the restoration.
2.
If a public utility right-of-way user fails to restore the public
right-of-way by the date specified in the right-of-way permit, or
has not acquired a waiver or extension to such permit, the City is
authorized to perform its own restoration required as a result of
the excavation, and require the public utility right-of-way user to
reimburse the City for the actual costs of such restoration.
[R.O. 2011 §510.080; CC 1971 §17.1(7); Ord. No. 77-15 §7, 9-21-1977]
The time for a permit to expire shall be shown on the face thereof
but in no event shall such permit exceed ninety (90) days duration.
[R.O. 2011 §510.090; CC 1971 §17.1(8); Ord. No. 77-15 §8, 9-21-1977]
The City Engineer is authorized to post with the City Clerk
a list of streets where no cutting can take place and where drilling
under the public way is required. On those streets the applicant is
required to drill under the public way in a manner approved by the
City Engineer.
[R.O. 2011 §510.100; CC 1971 §17.1(9); Ord. No. 77-15 §9, 9-21-1977]
A.
For
failure to comply with this Article by the permittee or for cuts or
excavation exceeding permit specifications, the City has the following
cumulative remedies:
1.
The City may bill the permittee or the non-permitted excavator or
cutter for the costs of any and all repair and construction necessitated
by the damage.
2.
The City may retain and apply against the repair cost all or any
portion of the prerequisite deposit.
3.
The City may debar and otherwise suspend the permittee or non-permitted
excavator or cutter from eligibility for future permits until said
costs are reimbursed.
4.
The City may repair damages and if relief against the permittee or
non-permitted excavator or cutter is not otherwise available, assess
costs or repair against the abutting tract of private land as a public
lien thereon.
[R.O. 2011 §510.110; CC 1971 §17.1(10); Ord. No. 77-15 §10, 9-21-1977]
A.
It
shall be unlawful for any person to deposit, place, erect or maintain
any structure, material, article, substance, decoration or thing on,
in or above any public way, right-of-way, or any other public place
except as specifically otherwise provided for by ordinance.
B.
Passage
of this Article shall constitute notice to the public generally, and
all encroachments and obstructions existing on, in or over such public
ways, rights-of-ways and other public places shall be removed promptly
and in any event not later than sixty (60) days after passage of this
Article.
[R.O. 2011 §510.120; CC 1971 §17.1(11); Ord. No. 77-15 §11, 9-21-1977; Ord. No. 1520 § 1, 3-7-2017]
The Chief of Police is authorized to grant emergency permits
under such terms as he/she may deem appropriate, in the event of a
necessity for an emergency utility repair or other compelling reason.
