[R.O. 2006 §510.220; Ord. No. 00.19 §4, 6-1-2000]
Except as otherwise provided herein, this Article applies to
the construction of utility trenches in general, trenches within City
utility easements, and trenches or other appurtenances that require
roadcuts in City streets or parking areas.
[R.O. 2006 §510.230; Ord. No. 00.19 §4, 6-1-2000]
A.
Monuments
of concrete, iron, or other lasting materials set for the purpose
of locating or preserving property lines or subdivision lines or precise
survey reference points or bench marks within the City shall not be
removed or disturbed without the written permission of the City Building
Official. Monuments, control points or bench marks disturbed or removed
must be re-established by a registered land surveyor at the expense
of the permit holder.
B.
Utility
trenches made in City streets and easements shall be constructed in
accordance with the City of Osage Beach Design Guidelines and these
regulations. A concrete backfill as detailed in the manual is required
on trenches across or along streets unless specifically excepted in
writing by the City Building Official or the Public Works Director.
Trenches across or along City streets shall not be kept open more
than forty-eight (48) hours. The street shall be kept open for one-way
traffic at all times unless specifically excepted in writing by the
City Building Official.
[Ord. No. 13.57 §5, 9-19-2013]
C.
All
underground power trenches less than sixty (60) inches in depth for
power lines of more than four hundred eighty (480) volts AC shall
be covered with a minimum of three (3) inches of concrete as detailed
in the City of Osage Beach Design Guidelines. The minimum depth of
cover for primary powerline is thirty-six (36) inches.
D.
All
trenches shall be barricaded, fenced or otherwise protected to prevent
vehicles, persons or animals from inadvertently falling into the open
excavation.
E.
Work
authorized by this permit shall be performed between the hours of
7:00 A.M. to 7:00 P.M. Monday through Saturday unless the permit holder
obtains written variance from the City Building Official.
F.
Trenches
in City streets and parking areas shall be repaired as detailed in
the City of Osage Beach Design Guidelines. The finished surface shall
be hot mix asphalt pavement or concrete finished to lines and grades
matching the existing street. Finish tolerance shall be a maximum
variance under a ten (10) foot long straight edge of one-quarter (¼)
inch.
[R.O. 2006 §510.240; Ord. No. 00.19 §4, 6-1-2000]
The work authorized under the permit issued shall be inspected
while in progress and upon completion by the City Building Official.
[R.O. 2006 §510.250; Ord. No. 00.19 §4, 6-1-2000]
It shall be unlawful for any person to make an excavation for
a utility trench for any utility excavation within a City street or
parking area, or excavation or fill in or over a City utility or street
easement without obtaining a trench excavation or roadcut permit.
In the case of a bona fide emergency the applicant may proceed with
the work and obtain the permit at the earliest possible opportunity.
[R.O. 2006 §510.260; Ord. No. 00.19 §4, 6-1-2000]
An application for the trench excavation or roadcut permit shall
be made to the City Building Official and shall be accompanied by
two (2) sets of drawings detailing the proposed work.
[R.O. 2006 §510.270; Ord. No. 00.19 §4, 6-1-2000]
Every applicant for a permit required by this Article shall
agree to hold the City, its officials, and employees or agents harmless
from any and all costs, damages and liabilities which may have accrued
by reason of any work performed under a permit issued hereunder. The
acceptance of such permit shall constitute such agreement by the applicant.
[R.O. 2006 §510.280; Ord. No. 00.19 §4, 6-1-2000]
Work for which a permit has been issued under this Article shall
commence within thirty (30) calendar days of the date of issue or
it will be considered as terminated.
[R.O. 2006 §510.290; Ord. No. 00.19 §4, 6-1-2000]
The fee for this permit shall be set by the Board of Aldermen.
[R.O. 2006 §510.300; Ord. No. 00.19 §4, 6-1-2000; Ord.
No. 06.31 §1, 7-6-2006; Ord. No. 18.22, 5-17-2018]
A.
No
person shall be issued a permit under this Article without first registering
with the City proof that there is being maintained and carried liability
insurance covering personal injury and property damage which may arise
from or out of the performance of the proposed work.
B.
Such insurance for personal injury shall be an amount not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($1,000,000.00) for each accident and for property damage shall be in an amount not less than one million dollars ($1,000,000.00) and not less than one million dollars ($1,000,000.00) for all accidents. Such certificate of insurance shall also be accompanied by a two thousand dollars ($2,000.00) certified performance bond or in such other higher amount as deemed necessary by the Building Official. In lieu of submission of the evidence and documents hereinabove provided in Subsection (A) of this Section, a person proceeding under this Article may submit to the City evidence that he or it qualifies as a self insurer and has the financial ability to meet liabilities of the type and in the amounts hereinabove specified.
C.
Each person, firm, corporation, partnership or other entity of any kind which apply for a permit under this Article, including Section 510.250, shall provide to the City a Certificate of Insurance listing the City as a named insured in the amounts set forth in Section 510.300(B) above.
[R.O. 2006 §510.310; Ord. No. 00.19 §4, 6-1-2000]
A.
A permit
required by this Article shall be issued and shall remain in force
only upon compliance with the following requirements:
B.
This
Section pertains to the installation of public utilities, private
utilities, drainage structures or any other cause to excavate trenches
in public streets or within City utility easements.
[R.O. 2006 §510.320; Ord. No. 00.19 §4, 6-1-2000]
Permits issued under this Article are not transferable, and
the work shall not be made in any place other than the location specifically
designated in the permit.
[R.O. 2006 §510.330; Ord. No. 00.19 §4, 6-1-2000]
Every permit under this Article shall expire at the end of the
period of time set out in the permit. If the permittee shall be unable
to commence or to complete the work within the specified time, he
shall, prior to the expiration date, present in writing to the Building
Official a request for an extension of time, setting forth the reasons
for the requested extension. If, in the opinion of the Building Official,
such an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time for the completion of
the work.
[R.O. 2006 §510.340; Ord. No. 00.19 §4, 6-1-2000]
A.
Any
permit issued under this Article may be revoked by the Building Official,
after notice to permittee, for the following grounds:
B.
The
Building Official is authorized to revoke any grading permit whenever
he shall find the work covered by said permit has been extended or
altered without permission previously having been granted to do so,
or whenever he shall find that any retaining walls, curbing, drainage
structures or other protective devices as shown on the approved plans
and specifications submitted with the application for the permit have
not been constructed as proposed and approved nor maintained in good
order and repair.
C.
Written
notice of any of the above designated violations or conditions shall
be served upon the holder of the permit or his agent engaged in the
work. Such notice shall be given either by personal delivery thereof
to the person to be benefited or by certified or registered mail addressed
to such person. When any permit has been revoked, and the work authorized
by the permit has not been completed, the Building Official is hereby
authorized to take such steps as may be necessary to restore the excavation
or grading to as good condition as existed before the opening or grading
was commenced. All such expenses incurred in such restoration shall
be recovered from the bond required under the terms of this Article.
