[R.O. 2016 § 515.350; Ord. No. 820-08 § 1, 3-1-2009[1]]
For the purposes of Article V of this Chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa and the masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory and "may" is permissive. Unless otherwise expressly stated or clearly contrary to the context, terms, phrases, words and abbreviations not defined herein shall be given the meaning set forth in the City Code and, if not defined therein, their common and ordinary meaning.
The person applying for and the person receiving a permit under Article V of this Chapter and any person on whose behalf an application is made or received.
That form designed by the Director of Public Works which
an applicant must use to obtain a permit.
The City of Park Hills, Missouri.
The City Administrator or his/her designee.
The Director of Public Works or his/her designee.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
drilled, bored, removed or otherwise displaced by means of any tools,
equipment or explosives.
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, picocell,
repeater, amplifier or other device, material, apparatus or medium
usable (whether actually used for such purpose or not) for the transmission
or distribution of any service or commodity installed below or above
ground within the public rights-of-way of the City, whether used privately
or made available to the public.
A permit granted by the Director of Public Works to excavate
within the public rights-of-way.
An individual, partnership, association, joint stock company,
trust, organization, limited liability company, corporation or other
entity or any lawful successor thereto or transferee thereof, but
such term does not include the City.
[R.O. 2016 § 515.360; Ord. No. 820-08 § 1, 3-1-2009]
No person or department of the City
shall excavate within, through or under the improved portion of any
public street, alley, curb or sidewalk within the City for any purpose
whatsoever without first obtaining a permit for same from the Director
of Public Works. A permit shall be obtained prior to the start of
work.
[R.O. 2016 § 515.370; Ord. No. 820-08 § 1, 3-1-2009]
All applications for a permit shall
be on the forms provided for the purpose. Applications shall clearly
state the street address most adjacent to the proposed work; the purpose
of the proposed work; the type of machinery to be used for excavation;
the name, address and telephone number of the applicant; the name,
address and telephone number of the person, firm or company performing
the work; the width, length and depth of all proposed excavation;
the proposed start date of the work; and a sketch showing the location
of the proposed work. Applications shall be signed by the applicant
and shall not be assignable or transferable. The applicant, as stated
on the application, shall be responsible for compliance with the regulations
set forth in this Article and shall be solely responsible for all
fees, bonds and penalties.
[R.O. 2016 § 515.380; Ord. No. 820-08 § 1, 3-1-2009]
The sum of twenty dollars ($20.00)
shall be charged for each permit issued under the provisions of this
Section. Permit fees shall be non-refundable. Public utilities operating
under a franchise agreement and departments of the City of Park Hills
shall not be charged a permit fee when conducting work with their
own employees and equipment. Contractors or subcontractors of the
City of Park Hills or any public utility shall not be exempt from
the permit fees set out herein.
[R.O. 2016 § 515.390; Ord. No. 820-08 § 1, 3-1-2009]
A.
A bond shall be required for all work under
permit to assure the proper repair of the street, alley, curb, sidewalk
or public place. Bonds shall be in the form of cash, check or bank
draft made payable to the City of Park Hills. Bond amounts shall be
determined based upon the area to be disturbed and shall be calculated
to the nearest square foot based upon the type of surface being disturbed
by the proposed work. The following values shall be used for calculation
of bond amounts:
|
Type of Surface
|
Bond Amount
|
|---|---|
|
Gravel
|
$4.50 per square foot
|
|
Asphalt
|
$6.00 per square foot
|
|
Concrete
|
$7.50 per square foot
|
|
Curb/sidewalk
|
$15.00 per square foot
|
B.
Public utilities operating under a franchise
agreement and departments of the City of Park Hills shall not be required
to post a bond when conducting work with their own employees and equipment.
Contractors or subcontractors of the City of Park Hills or any public
utility shall not be exempt from the requirements to post a bond as
set out herein.
C.
The full value of the bond shall be refunded
to the applicant following inspection and acceptance of the work by
the Director of Public Works. Failure to make acceptable repairs to
the disturbed surface will result in forfeiture of the bond amount.
[R.O. 2016 § 515.400; Ord. No. 820-08 § 1, 3-1-2009]
All work under a permit shall be
fully completed and the right-of-way surface shall be fully restored
within thirty (30) days from the start of work. One (1) extension,
not exceeding fifteen (15) additional days, may be granted by the
Director of Public Works for good cause shown. Excavations not repaired
within forty-five (45) days from the start of work shall be repaired
by the City and the cost of said repair shall be the full responsibility
of the applicant. The cost of repair shall be calculated based on
the actual cost of materials and labor used and the allowable Federal
reimbursable rates for machinery and equipment on an hourly basis
plus a fee of one hundred dollars ($100.00) less any posted bond amount
on file. Failure to fully pay the City for repairs shall result in
the denial of future permits and other action to collect as allowed
by law.
[R.O. 2016 § 515.410; Ord. No. 820-08 § 1, 3-1-2009]
All work shall be performed continuously
and without undue delay and in a manner consistent with good workmanship
and the requirements of this Article. The applicant shall bear full
responsibility for repair of all surfaces disturbed under a permit
for a period of one (1) year from the date of completion and shall
warrant all work for a period of one (1) year.
[R.O. 2016 § 515.420; Ord. No. 820-08 § 1, 3-1-2009]
Nothing in this Article shall be
construed to prevent franchised or public utilities from making such
excavations as may be necessary for the preservation of life or property
or for the location of trouble in conduit or pipe or for making repairs
of damaged utility facilities, provided that the person making such
excavations shall apply to the Director of Public Works for such permit
on the first working day after such work is commenced.
[R.O. 2016 § 515.430; Ord. No. 820-08 § 2, 3-1-2009]
A.
The Director of Public Works may deny an
application, if denial is deemed to be in the public interest, for
the following reasons:
1.
Delinquent fees, costs or expenses
owed by the applicant/contractor from previous permits;
2.
Failure to provide information requested
by the application;
3.
Failure to properly repair a previous
excavation under permit, provided that the Director may require the
repair of a previous excavation prior to the issuance of a permit
for a new excavation;
4.
Other reasons deemed valid by the
Director of Public Works with the approval of the City Administrator.
B.
The Director of Public Works may require
that the application be modified in scope, method, timing, equipment
to be used or method of repair for the following reasons:
1.
Public safety;
2.
Traffic safety, flow or congestion;
3.
Proposed public improvements to the
area where the excavation is proposed;
4.
Where proposed work will seriously
impact the usable life of the roadway surface;
5.
Other reasons deemed valid by the
Director of Public Works with the approval of the City Administrator.
[R.O. 2016 § 515.440; Ord. No. 820-08 § 2, 3-1-2009]
Failure to obtain a permit prior
to the start of work shall be subject to a fee of one hundred dollars
($100.00) in addition to the normal permit fee.
[R.O. 2016 § 515.450; Ord. No. 820-08 § 2, 3-1-2009]
All paved surfaces shall be sawed
full depth prior to removal of the surfacing material. Saw cuts shall
be in straight lines. Hydraulic or impact breakers shall not be used
to cut pavement surfaces without first sawing the area to be removed.
Curbing and sidewalks removed during excavation shall be removed to
the nearest control joint with said joint being sawed full depth to
prevent damage to adjoining sections. Curbing and sidewalks shall
not be undermined by excavations and left in place.
[R.O. 2016 § 515.460; Ord. No. 820-08 § 2, 3-1-2009]
All excavations shall be backfilled
with compacted clean granular material, in lifts not exceeding six
(6) inches in depth. All backfill shall be tamped in place and well
compacted. Broken rock removed from excavations shall not be placed
back in the trench as backfill.
[R.O. 2016 § 515.470; Ord. No. 820-08 § 2, 3-1-2009]
All pavement edges shall be neatly
trimmed to a vertical face and aligned with the center of the excavation.
Unstable pavement surfaces shall be removed over cave-outs and over
breaks and the sub-grade shall be treated as the main excavation trench.
Cut-outs outside of the normal line of the trench shall be parallel
to the trench.
[R.O. 2016 § 515.480; Ord. No. 820-08 § 2, 3-1-2009]
A.
Gravel Surfaces. All excavations in gravel
surfaces (such as alleys or roadway shoulders) shall be repaired by
means of full depth compacted granular fill. The surface of the area
disturbed shall match the grade of the areas immediately adjacent.
B.
Asphalt Surfaces. All excavations in asphalt
surfaces shall be repaired by means of compacted granular fill being
placed to within eight (8) inches of the top of the excavation. Six
(6) inches of the remaining depth shall be filled with a portland
cement mix concrete consisting of a five-bag mix. High-early type
concrete may be used in areas where high traffic volume warrants,
with the approval of the Director of Public Works. Portland cement
mix concrete shall be allowed to cure a minimum of twenty-four (24)
hours. The remaining two (2) inches of the excavation shall be filled
with commercial hot-mix asphalt and rolled. No excavation shall be
narrower than two (2) feet in width.
C.
Concrete Surfaces. All excavations in concrete
surfaces shall be repaired by means of compacted granular fill being
placed to within seven (7) inches of the top of the excavation. The
remaining seven (7) inches shall be filled with a portland cement
mix concrete consisting of a five-bag mix. High-early type concrete
shall be used in areas where high traffic volume warrants, at the
direction of the Director of Public Works. Portland cement mix concrete
shall be allowed to cure a minimum of twenty-four (24) hours prior
to being placed under traffic loads. Concrete street or roadway pavement
will be repaired by full-depth sawing the pavement in a straight line
a minimum of twelve (12) inches on each side of the excavation. No
excavation shall be narrower than four (4) feet in width [inclusive
of the required twelve (12) inch over-sawing required]. 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. The existing pavement
edges shall be drilled and #4 rebar dowels shall be inserted every
twelve (12) inches around the perimeter of the cut.
D.
Curbing. Curbing removed or damaged during
excavation shall be replaced to the nearest control joint. Curbing
shall be constructed of portland cement mix concrete of a six-bag
mix and shall match the existing curbing in depth, height and profile.
E.
Sidewalks. Sidewalks removed or damaged
during excavation shall be replaced to the nearest control joint.
Sidewalks shall be constructed of portland cement mix concrete of
a five-bag mix and shall match the existing sidewalk in thickness,
width and grade. In no case shall sidewalks be less than four (4)
inches in thickness.
[R.O. 2016 § 515.490; Ord. No. 820-08 § 2, 3-1-2009]
The repair of all surfaces is subject
to an inspection during backfilling and during the placement of concrete.
The Director of Public Works shall be notified a minimum of four (4)
hours prior to the backfilling of any excavation or the placement
of any concrete in order that an inspection of the work can be made.
Required notice must be made during normal working hours of the Department
of Public Works and may be made via telephone or in person. Failure
to obtain an inspection shall result in the forfeiture of the bond
amount and rejection of the work.
[R.O. 2016 § 515.500; Ord. No. 820-08 § 2, 3-1-2009]
Any and all excavations made shall
be barricaded in such a manner as to adequately protect traffic, both
vehicular and pedestrian. All excavations, barricades, excavated materials,
tools, supplies or equipment at the excavation site shall be lighted
with proper and suitable danger signals in such a manner that all
traffic may be amply and duly warned of the existence of the excavations,
barricades, materials, tools, supplies or equipment and in conformity
with the Manual on Uniform Traffic Control Devices. The Director of
Public Works may require additional traffic control measures to protect
the traveling public, should it be deemed necessary.
[R.O. 2016 § 515.510; Ord. No. 820-08 § 2, 3-1-2009]
Whenever, by reason of any change
in the grade of a street or any widening of a street or any change
in the location or manner of constructing a street, curb, sidewalk,
retaining wall, water main, drainage channel, drainage pipe, sewer
main or other City-owned underground or above ground structure, it
is deemed necessary by the City to move, alter, change or adapt any
underground or above ground facility, the owner of each such facility
and each user of each such facility shall have a joint and several
obligation to make the moves, alterations, changes and adaptations
on the right-of-way or on an alternative right-of-way provided by
the City, at the City's option, as soon as practicable after being
so ordered in writing by the City Administrator without claim for
reimbursement or damages against the City. Prior to the issuance of
any order under this Section, the City Administrator shall afford
opportunity to be heard as is required by law.
[R.O. 2016 § 515.520; Ord. No. 820-08 § 2, 3-1-2009]
Any person violating the provisions
of this Article is guilty of an ordinance violation and upon conviction
thereof shall be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).
