[Ord. No. 890 §2, 8-16-1983; Ord. No. 2453 §3, 11-4-2008]
No person shall make or cause to be made any cuts, tunneling or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever without a permit therefore being first obtained. Except as otherwise provided for in this Chapter, this Chapter shall not govern the relationship between the City and all public utilities who have valid franchise agreements with the City of Parkville and are regulated by the appropriate State or Federal regulatory agency.
[Ord. No. 890 §3, 8-16-1983]
All applications for a permit under the provisions of this Chapter shall be signed by the person, or his duly authorized agent, who desires to do the work designated in the application. Such application shall not be assignable and no person shall allow his name to be used to obtain a permit for any other person. The applicant for permit shall designate on a map or diagram attached to the application, the location of the proposed cut, tunnel 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 shall be plainly indicated. The map or diagram shall also show the dimensions, depth and character of the proposed cut, tunnel or excavation. The application must be accompanied by any bond or deposit that may be required to insure compliance by permittee with the terms of this Chapter.
[Ord. No. 890 §4, 8-16-1983; Ord. No. 2891 § 1, 3-21-2017]
Permits associated with this Chapter shall be charged a fee as set forth in the schedule of fees adopted by the Board of Aldermen by resolution as authorized by Section 800.010 of the Municipal Code.
[Ord. No. 890 §5, 8-16-1983; Ord. No. 923 §1, 1-22-1985]
Amount, Purpose. Before any permit under this Chapter shall be issued for excavating in, through, or under any street, sidewalk, alley or public place in the City, the applicant for such permit shall have deposited with the City Treasurer the sum of five hundred dollars ($500.00) lawful money of the United States. In lieu of depositing five hundred dollars ($500.00) in lawful money the individual seeking a permit may file a five hundred dollar ($500.00) bond. Performance of such bond shall be guaranteed or secured by good and sufficient sureties whose sufficiency shall be approved by the Street Committee of the Board of Alderman. This money shall be maintained and held, and shall constitute a special deposit, the object of such deposit being to reimburse the City for any expense it may incur in repairing, refilling, paving or resurfacing any cut or excavation that may be made in or under the streets, sidewalks, alleys or public places, if the applicant shall fail to do so as provided herein.
Additional Deposits. After the aforesaid deposit is made, no applicant or grantee shall be required to make any additional deposit unless the Board of Aldermen shall determine that the nature and extent of the proposed work and the number of permits already issued to the said applicant are such that a larger deposit would be necessary to reimburse the City for any cost or expense incurred by it in repairing or completing said work in accordance with the terms of this Chapter, in the event the applicant shall fail to do so as herein provided. If the Board of Aldermen shall so determine, then the amount of additional deposit shall be deposited with the City Treasurer as a prerequisite to the issuance of the permit. All deposits hereunder shall be kept intact at all times unless the City is required to use all or any portion thereof for the purpose of repairing or completing said work in accordance with the terms of this Chapter, in the event the applicant shall fail to do so as herein provided. Provided further, that when the City is required to use any part of the cash deposit for any purpose under this Chapter, no applicant shall be entitled to further permits until such deposit is restored to at least five hundred dollars ($500.00).
[Ord. No. 890 §6, 8-16-1983]
Prior to any permit being issued under this Chapter, the applicant shall furnish the City a certificate of insurance from a company approved by the City Clerk evidencing that he has a comprehensive general liability and property damage policy that includes contractual liability coverage with minimum limits of:
This certificate of insurance shall include a provision naming the City as additional insured and that the company shall notify the City in writing of any change or cancellation of such insurance ten (10) days prior thereto.
[Ord. No. 890 §7, 8-16-1983]
Contents. A permittee in accepting a permit hereunder agrees that when the permittee or his subcontractors or agents make an excavation or cut in a street, sidewalk, alley, curb, or public place in the City, or tunnel thereunder, the permittee will:
Indemnify, save harmless and defend the City from any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of such work done by the permittee, his subcontractor or agent.
Indemnify, save harmless and defend the City from any and all liability for any claim for negligence of the City hereunder. This indemnification agreement covering the City's liability for its own negligence shall not apply to injuries or damages sustained while City employees are present at the excavation pouring cement or asphalt therein, unless such injuries or damages are caused by the negligence of permittee.
The permittee assumes the sole responsibility for maintaining proper barricades and/or lights as required by this Chapter from the time of the opening of the excavation until the excavation is resurfaced and opened for travel.
Duration. These indemnifying agreements shall not cover accidents occurring after a period of two (2) years from the date of the completion of the resurfacing.
[Ord. No. 890 §8, 8-16-1983]
Barriers, Lights Required. Any person who shall for any purpose make or cause to be made any excavation in, upon, under or adjoining any street, sidewalk, alley or other public place and shall leave any part or portion thereof open or shall leave any part or portion thereof obstructed with rubbish, building or other material during the daytime or nighttime, shall cause the same to be enclosed with good, substantial and sufficient barriers not less than three (3) feet high and shall cause one (1) light to be securely and conspicuously posted in or near such excavation, building material or obstruction, providing such obstruction does not extend more than ten (10) feet in length and, if over ten (10) feet and less than fifty (50) feet in length, two (2) lights, one (1) at each end, shall be so placed, and one (1) additional light for each additional fifty (50) feet or part thereof, and shall keep such lights flashing or burning during the entire period from the time of the opening of the excavation or cut until the excavation has been resurfaced and opened for travel. The maintenance of these barricades or lights in and around this excavation during this entire period is the sole responsibility of the person making the excavation.
Work to be Done With Dispatch. The making of such cut or excavation, the placing or repairing of facilities therein and the refilling of the cut or excavation shall be done as expeditiously as possible consistent with good construction practice, and if same is not so done, in the opinion of the Board of Aldermen of the City, the City shall have the right to perform or cause to be performed the remaining work and to collect the cost thereof from the person to whom the permit was issued.
[Ord. No. 890 §9, 8-16-1983]
Unless other specifications shall be agreed to by the Board of Aldermen at the time of issuance of the permit, the refilling of all cuts and excavations made in any street, sidewalk, alley or public place in the City shall be done in the following manner:
Refilling streets. All street cuts shall be refilled with compacted crusher run rock to a point six (6) inches below the surface of the pavement. The final or top six (6) inches shall be refilled with the same material as the existing pavement. Refilling with dirt or any other substance is prohibited. All excavated dirt shall be removed by the permittee.
Refilling other than streets. For all repairs in places other than a street, the excavation may be refilled with the excavated material, provided that the material is dry and fully compacted. The surface shall be returned to a state substantially as it was prior to the excavation.
Unsatisfactory refill. If the Board of Aldermen of the City determine that the refill is not satisfactory, the City shall have the right to take out all of the filled material from the excavation and to have the same refilled at the expense of the person to whom the permit was issued and to collect the cost thereof from the permittee.
Failure to refill. In the event of failure to refill said excavation, the City shall have the right to make any and all refills and to require reimbursement of the cost thereof from the person making the excavation. However, the person making said excavation has the sole responsibility to see that said excavation is properly barricaded with barricades and/or lights as required by Section 515.070 A, but if such person shall fail to do so, the City may do so and collect the cost thereof from the permittee.
Failure to restore. In the event of failure to satisfactorily restore the pavement, the City shall have the right to restore the pavement and to collect the cost thereof from the person to whom the permit was issued.
Removing surplus material. The person making such refill shall be required to clean up and haul away all surplus earth, rock or rubbish within twenty-four (24) hours after the refill has been completed and in the event of default thereof, the City shall have the right to remove such earth, rock or rubbish and collect the cost of such removal from the person to whom the permit was issued.
Guarantee of refill. In the event of settlement due to defective refill, occurring within two (2) years after the completion of repaving, the City shall have the right to make whatever repairs are required to restore the excavation and repaving to a proper condition and to collect the cost thereof from the person to whom the permit was issued.
[Ord. No. 890 §10, 8-16-1983]
Emergency excavations may be made without first obtaining a permit, when necessary to restore a utility service that has suffered a sudden breakdown. A permit shall be secured as soon as practicable after the repair, and all work shall be expeditiously done as previously provided in this Chapter. Except for the requirement of a prior permit, any such emergency excavation shall be made in accordance with the terms of this Chapter.
[Ord. No. 2453 §4, 11-4-2008]
Every public utility, cable company, video service provider and other users of the City rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below ground facilities that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas.
Except where limited by other provisions of the Parkville Municipal Code, accessory utility facilities shall be subject to the following supplementary regulations:
Approval — design — location — application. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. In considering individual or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subjept to the requirements and approvals as set forth herein. Unless otherwise prohibited, utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.3, RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An application fee shall be required per Title VIII of the Parkville Municipal Code and an inspection fee shall be required per Chapter 500 of the Parkville Municipal Code all to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.
General regulations. The following general regulations apply to all accessory utility facilities:
All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
All facilities and utility boxes shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the utility.
Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.
Utility facilities placed in the Old Town District, other designated historic areas or other planned zoning districts may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.
Any damage to landscaping or vegetation,on private or public property during installation or maintenance of facilities shall be promptly remedied by the facility owner.
At least forty-eight (48) hours prior to any installation, replacement or expansion of any facility located on private property, the facility owner shall provide notice to all property owners within one hundred eighty-five (185) feet from the site. Notice shall include detailed description of work to be done, the exact location of work and the time and duration when it will be undertaken.
No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
Residential districts. In residential districts, accessory utility facilities less than three and one-half (3.5) feet in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the Public Works Director. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit in accordance with Chapter 470 of the Parkville Municipal Code. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the Board of Aldermen upon a determination that all other alternatives are not feasible.
Non-residential districts. In non-residential districts, accessory utility facilities with a height of less than four (4) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the Public Works Director. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit in accordance with Chapter 470 of the Parkville Municipal Code. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.
Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities taller than two (2) feet in height or covering in excess of two (2) square feet in size. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the Public Works Director prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair and replacement of screening materials. Alternative screening or concealment providing equal or greater opacity may be approved by the Public Works Director to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property and (2) more than two (2) residential dwelling units.
Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.
[Ord. No. 890 §11, 8-16-1983]
Any person violating any Section of this Chapter and who cuts, tunnels, excavates in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever without a permit shall be deemed guilty of a misdemeanor and shall be punished for a first offense by a fine of not more than five hundred dollars ($500.00), or imprisonment of not more than ninety (90) days in jail, or both. Each day the street, sidewalk, alley or public place remains broken without a permit having been properly issued, shall constitute a separate offense.