[1]
State Law Reference — As to opening, vacation, etc.,
of streets, sidewalks, etc., generally in fourth class cities, see
RSMo., § 88.667 et seq.
[Ord. No. 437 § 84, 12-4-1950; Ord.
No. 2745 § 1, 12-16-2013]
Every person and contractor making an excavation in any street,
alley or public place, or on any private premises adjacent to any
alley, street or public place and not separated by a substantial fence
or structure shall guard and protect the same by barriers. Every person
or contractor digging or causing any such excavation to be dug and
every person who shall occupy or cause to be occupied any portion
of any public street, alley, or highway with building materials or
any obstruction permitted by law or ordinance shall cause sufficient
warning lights to be securely and conspicuously posted on or near
such excavation, building materials or obstructions as will notify
travelers of the existence of the same, and shall keep such lights
burning during the entire night.
[Ord. No. 437 § 85, 12-4-1950; Ord.
No. 2745 § 2, 12-16-2013]
Any person who shall excavate in the paved portion of any public
street, roadway, alley or sidewalk pursuant to a permit obtained from
the City Administrator or a designated representative, as provided
for in this chapter, shall remove all materials excavated and shall
dispose of the same as soon as possible and prior to placing any backfill
material into such excavations. Excavated materials shall be placed
where they will cause the least possible inconvenience to the public.
The width of excavation shall be no greater than necessary for doing
the work.
[Ord. No. 2745 § 3, 12-16-2013]
A.
Paved Streets. Any person who shall excavate in
the paved portion of any public street, roadway, alley or sidewalk
shall backfill such excavation with one-inch clean rock. Backfill
material shall be compacted by mechanical tamping or vibration.
B.
Unpaved Streets. Any person who shall excavate in
any unpaved portion of any public street, roadway, alley or sidewalk
shall backfill such excavations as is provided for backfilling excavations
in paved public streets, alleys, and sidewalks or, upon the approval
of the City Administrator or a designated representative, the rock
or aggregate material removed from such excavation may be used for
a portion of the backfill, provided such material is placed in the
excavation in lifts not exceeding six (6) inches and each lift being
mechanically compacted to a relative density of ninety-five percent
(95%). Such backfill shall be inspected by the City Administrator
or a designated representative to determine whether the requirements
of this Section have been fulfilled.
C.
Parkways And Grass Areas. Excavations in parkways,
outside of the paved area of streets or walks, may be backfilled with
earth, and all grass areas shall be returned to their original condition.
D.
All backfill and resurfacing shall be in accordance with the City
of Centralia's "Specifications for Excavation Work," which shall
be available from the City upon request.
[Ord. No. 2745 § 3, 12-16-2013]
Any person who shall excavate in the paved portion of any public street, roadway, alley or sidewalk shall obtain the approval of the City Administrator or a designated representative, that the backfill meets the requirements of this Article, and shall then resurface such excavation. Such resurfacing shall be subject to the inspection and approval of the City Administrator or a designated representative. Such resurfacing may be performed by the excavator or his contractor; or, at the request of such excavator, such resurfacing may be performed by the Street Department at the cost of such excavator. The surface course shall be at least eight (8) inches thick and shall be placed so as to cover all of the excavation and an area that extends at least one (1) foot beyond the edge of the excavation. Whether the original surface was concrete or asphalt, the replacement shall be a lift of at least eight (8) inches of Portland Concrete Cement prepared to Missouri Department of Transportation standards for rapid curing (otherwise known as "highway early"). Surface replacement for original concrete streets shall be connected to the adjacent pavement by No. 4 rebar pinned at thirty-inch intervals. Inspections shall be arranged in advance and shall be conducted during regular City business hours, except as provided below. City inspections requested to be conducted outside of regular business hours shall result in an additional permit fee as set forth in Subsection B of Section 30-13.3.
[Ord. No. 2745 § 3, 12-16-2013]
A.
Except as provided below, no person shall make or cause to be made
within the City any excavation in any public street, place, walkway,
right-of-way or easement unless and until written permit for such
excavation has been obtained from the City Administrator or a designated
representative in accordance with the provisions of this Article.
No exception to the requirements shall be permitted except:
B.
Application for an excavation permit shall be made in writing to
the City Administrator. The application shall contain such information
as the City Administrator may require regarding the purpose, location
and size of the proposed excavation and the approximate time when
the work thereon will be commenced and completed. A separate permit
shall be required for each excavation and a fee of twenty dollars
($20.00) shall be paid by the applicant to the City for each such
permit issued. When work performed under a permit requires that inspection
or inspections be performed outside of regular City business hours,
the fee shall be doubled to forty dollars ($40.00).
C.
Franchise utility services making several excavations as a part of
a larger project shall have the option, with the permission of the
City Administrator or a designated representative, to apply for a
general permit for the entire project for a fee of twenty dollars
($20.00). Application for such a general permit shall include a set
of plans, site plans, and specifications as used by the utility's
employees or contractors for said project. Franchise utility services
having occasion to make frequent excavations in any public place,
street, walkway, right-of-way or easement shall not be required to
pay the permit fee each time an application is made therefor, but
may be billed on a monthly basis for such fees and costs.
D.
Every applicant for an excavation permit shall register with the City Clerk proof that the applicant is maintaining liability insurance in the sum of three hundred thousand dollars ($300,000.00) covering liability for death, bodily injury and property damage attributable to the excavation or resurfacing work done under a City permit or in consequence of any neglect in safeguarding such work. Such liability insurance shall be in such form as to hold harmless and indemnify the City from all claims and damages arising from any cause of action for such excavation and resurfacing work and activities incident thereto. The insurance policy shall list the City as an additional named insured, shall be carried with an insurance company which has been licensed or permitted to carry on such business in the State of Missouri, and shall be kept and maintained continuously in force and effect so long as the excavation and resurfacing work shall be in process. Before issuance of the excavation permit, the applicant shall furnish the City with a certificate of the insurer that the policy is in full force and effect and that the policy will not be altered, amended, or terminated without notice having been given to the City prior thereto. The proof of insurance required for issuance of a plumber's license pursuant to Section 23-65 shall be deemed to satisfy the requirements of this Subsection.
E.
In lieu of the insurance as provided above, the applicant may deposit
a surety bond satisfactory to the City Administrator in the sum of
three hundred thousand dollars ($300,000.00), conditioned that the
applicant will pay any judgment recovered by any person by reason
of death, bodily injury or property damage attributable to the excavation
or resurfacing work done under a City permit or in consequence of
any neglect in safeguarding such work. Such bond shall be in such
form as to hold harmless the City from all claims and damage arising
from any cause of action for such excavation and restoration work
and activities incident thereto.
F.
If the insurance policy provided for in this Section lapses and is
not immediately renewed, or any bond terminates in any manner whatsoever
and a substitute in lieu thereof is not deposited, the permit for
the excavation is hereby revoked.
G.
When the resurfacing work referred to in Section 30-13.2 is done by the person making, or causing to be made, the excavation, the street surfacing so replaced shall, for a period of one (1) year following the date of restoration, be the responsibility of the excavator, who shall bear all costs of maintenance on the repaved portion for such time. Failure to comply with the requirements of this Section shall constitute a violation thereof, and the City may, in addition to prosecution for violation, properly maintain or repair any unsatisfactory replacement of street surface and charge the excavator for the cost and labor of such work, and no further excavation permits shall be issued by the City to any person who has not corrected any deficiencies or paid such costs.
H.
In case of an emergency where the public safety is in danger and
the office of the City Administrator is not open, the provisions of
this Article relating to the issuance of permits prior to commencement
of work of excavation shall not apply. In such case the person making
the excavation shall notify the Centralia Police Department dispatcher
that the emergency work is being commenced and the location thereof
and the work may proceed immediately, following the provisions set
forth in this Article. Final surfacing or temporary patches shall
not be applied to the excavations until such time as the City Administrator
or a designated representative has inspected and approved the backfill
and issued a permit therefor. Application for the permit shall be
made on the first day on which the office of the City Administrator
is open after the work is commenced.
I.
No application for an excavation permit shall be required for excavations
made to install utilities and other features within any proposed public
lands or rights-of-way of any proposed subdivision until a final plat
for said subdivision is approved by the City and recorded with the
Boone County Recorder of Deeds.
