[HISTORY: Adopted 9-12-2022 by Ord. No. 1014. Amendments noted where
applicable.]
For the purpose of this chapter, the following terms mean:
Any person making application for permit to excavate.
Drilling or pushing casing under a street without affecting
its top surface.
City of Moscow Mills, Missouri.
Any engineer or his/her authorized representative retained
or employed by City of Moscow Mills.
Any cutting, digging, boring, pushing casings under or through
or the making of any opening.
Any hot asphaltic concrete surface or cement concrete surface
or better, any chip and sealed surface, or any other all-weather type
surface.
Any surface of lesser grade than high-type surface which
would include aggregate, gravel or dirt.
Any person, partnership, corporation or other entity.
A.
No person shall cut through, dig into or make any opening in any
hot asphaltic concrete street surface or any 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 this chapter 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.
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.
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:
A.
For excavation of high-type surface, not less $2,000.
B.
For excavation of low-type surface, not less than $1,000.
C.
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.
D.
Such deposit shall be returned 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 therefor
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.
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 $50.
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 nonperformance of said work or the existence of facilities and/or
appurtenances thereof.
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.
All underground water line installations will have a minimum
cover of 30 inches. All other underground installations will have
a minimum cover of 24 inches, except parallel direct burial underground
telephone cable which may have a minimum of 21 inches of cover. Greater
minimums may be required by the Public Works Director.
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.
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-inch lifts of crushed limestone.
Each lift shall be well tamped. Compaction will be to the satisfaction
of the Public Works Director.
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 ensure proper settling, which time shall be at least 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 91.120 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 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.
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:
A.
High-type surface. If the excavation is in the paved portion of any
street, alley or sidewalk.
1.
The backfill shall be removed to a depth of eight inches below the
riding surface.
2.
High-type asphaltic concrete and cement concrete pavement will be
repaired by sawing the pavement in a straight line a minimum of 18
inches on each side of the excavation. If the cut is within four 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-inch thickness of Portland cement concrete.
Asphaltic concrete surfaces will be replaced with a six-inch thickness
of limestone base topped with a two-inch thickness of asphaltic concrete
for a wearing course. If the excavation is within a blacktop or bituminous
roadway, the applicant shall place six inches, after compaction, of
limestone base material and two inches of a commercial mix bituminous
material.
B.
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 inches of the backfill and refill the same with
four inches of limestone base and the final two inches of material
equal to or better that the type of original surface removed.
C.
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 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.
Encasement requirements will be specified by the Public Works
Director in accordance with the City's standards.
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.
Street ditches, culverts and other such devices used to carry
surface runoff will be kept open, free and clear at all times.
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.
Top grade for all manholes will conform to any transverse or
longitudinal slope and the top shall be two inches below finished
ground line.
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 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.
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.
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.
