[R.O. 2017 § 515.010; Ord. No. 96-082201 § 2, 8-22-1996]
As used in this Chapter, the following
terms shall have these prescribed meanings:
Any person making application for permit to excavate.
Drilling or pushing casing under a street without affecting
its top surface.
City of Battlefield, Missouri.
Any engineer or his/her authorized representative retained
or employed by City of Battlefield.
Any cutting, digging, boring, pushing casings under or through
or the making of any opening.
Any hot asphaltic concrete surface or Portland 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.
[R.O. 2017 § 515.020; Ord. No. 96-082201 § 3, 8-22-1996]
A.
No person shall cut through, dig into or
make any opening in any hot asphaltic concrete street surface or any
Portland cement street surface within the City of Battlefield 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.
[R.O. 2017 § 515.030; Ord. No. 96-082201 § 4, 8-22-1996]
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 Clerk, 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.
[R.O. 2017 § 515.040; Ord. No. 96-082201 § 5, 8-22-1996]
A.
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 Clerk:
1.
For excavation in any City right-of-way,
a cash deposit or surety bond in the minimum amount of ten thousand
dollars ($10,000.00) or such other amount as determined by the City
Administrator.
2.
In lieu of such cash deposit, the
applicant may file with the City Clerk 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.
3.
Such deposit shall be returned ninety
(90) days after the excavation has been backfilled and after the Engineer
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.
[R.O. 2017 § 515.050; Ord. No. 96-082201 § 6, 8-22-1996]
Every person making an excavation
in a street, alley or sidewalk shall pay to the City Clerk, for the
inspection and permits required by this Section, a permit fee of twenty-five
dollars ($25.00).
[R.O. 2017 § 515.060; Ord. No. 96-082201 § 7, 8-22-1996]
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 non-performance of said work or the
existence of facilities and/or appurtenances thereof.
[R.O. 2017 § 515.070; Ord. No. 96-082201 § 8, 8-22-1996]
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 City Engineer, and the same shall be
located and installed in accordance with the policies of the City.
[R.O. 2017 § 515.080; Ord. No. 96-082201 § 9, 8-22-1996]
All underground water line installations
will have a minimum cover of thirty (30) inches. All other underground
installations will have a minimum cover of twenty-four (24) inches,
except parallel direct burial underground telephone cable which may
have a minimum of twenty-one (21) inches of cover. Greater minimums
may be required by the Engineer.
[R.O. 2017 § 515.090; Ord. No. 96-082201 § 10, 8-22-1996]
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.
[R.O. 2017 § 515.100; Ord. No. 96-082201 § 11, 8-22-1996]
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 as provided by
the Engineer or his/her designee. Compaction will be to the satisfaction
of the Engineer.
[R.O. 2017 § 515.110; Ord. No. 96-082201 § 12, 8-22-1996]
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 insure proper settling, which time shall be at least ten (10) days, the person making the excavation shall notify the City Clerk that the same is ready for final repair. The City Engineer or his/her duly authorized agent 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 515.100 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 ninety (90) days and until final repair is accepted by the City Engineer or his/her designee. The judgment of the City Engineer or his/her authorized agent as to when an excavation has been properly backfilled and has settled sufficiently to permit final repairs shall be conclusive.
[R.O. 2017 § 515.120; Ord. No. 96-082201 § 13, 8-22-1996]
A.
After inspection and acceptance of excavation
by the City Engineer or his/her authorized agent, the person making
the excavation shall proceed with the final repair of such excavation
in the following manner:
1.
High-Type Surface. If the excavation
is in the paved portion of any street, alley or sidewalk:
a.
The backfill shall be removed to
a depth of eight (8) inches below the riding surface.
b.
High-type asphaltic concrete and portland
cement concrete pavement will be repaired by sawing the pavement in
a straight line a minimum of eighteen (18) inches on each side of
the excavation. 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. 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 (6) inches, after compaction, of limestone
base material and two (2) inches of a commercial mix bituminous material.
2.
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 (6) inches of the
backfill and refill the same with four (4) inches of limestone base
and the final two (2) inches of material equal to or better that the
type of original surface removed.
3.
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 ninety (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.
[R.O. 2017 § 515.130; Ord. No. 96-082201 § 14, 8-22-1996]
Encasement requirements will be specified
by the Engineer in accordance with the City's standards.
[R.O. 2017 § 515.140; Ord. No. 96-082201 § 15, 8-22-1996]
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.
[R.O. 2017 § 515.150; Ord. No. 96-082201 § 16, 8-22-1996]
Street ditches, culverts and other
such devices used to carry surface runoff will be kept open, free
and clear at all times.
[R.O. 2017 § 515.160; Ord. No. 96-082201 § 17, 8-22-1996]
All voids resulting from boring or
pushing casings or other facilities under roadways or approaches will
be filled to the satisfaction of the Engineer by a method and with
a material approved by him/her in accordance with the City's standards.
[R.O. 2017 § 515.170; Ord. No. 96-082201 § 18, 8-22-1996]
Top grade for all manholes will conform
to any transverse or longitudinal slope and the top shall be two (2)
inches below finished ground line.
[R.O. 2017 § 515.180; Ord. No. 96-082201 §§ 19 — 21, 8-22-1996]
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 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 (1) year from
the date the permit is released.
C.
In case the damage to private property
is 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.
[R.O. 2017 § 515.190; Ord. No. 96-082201 § 22, 8-22-1996]
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.
[R.O. 2017 § 515.200; Ord. No. 96-082201 § 23, 8-22-1996]
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.
