City of Louisiana, MO Article III Excavations

Section 510.110 Definitions. [1]

[R.O. 2008 §510.120; Code 1968 §24-17; CC 1988 §26-66; Ord. No. 6336 §1(a), 10-6-1986; Ord. No. 24-2007 §12, 12-13-2007]

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

ADMINISTRATOR

The City Administrator of the City of Louisiana.

[1] Cross Reference — Definitions and rules of construction generally, §100.060.

Section 510.120 Placement of Materials — Width — Drainage.

[R.O. 2008 §510.130; Code 1968 §24-93; CC 1988 §26-67]

In making an excavation in any public place, the excavated materials shall be placed where they will cause the least possible inconvenience to the public. The width of the excavation shall be no greater than necessary for doing the work. Adequate provisions for proper drainage of the area surrounding the work shall be maintained at all times.

Section 510.130 Barricades, Signs, Lights and Warning Signals.

[R.O. 2008 §510.140; Code 1968 §24-31; CC 1988 §26-68]

Every person who shall make or cause to be made any excavation in or adjoining any public street, alley, highway or public place shall provide, erect and maintain at all times along the line of work all such barricades, signs, lights and warning signals as may be necessary to protect the public from the hazards arising from the operation.

Section 510.140 Removal of Materials — Cleanliness of Site.

[R.O. 2008 §510.150; Code 1968 §24-24; CC 1988 §26-69]

Excavation materials from excavations made in or under streets, walks or driveways shall be removed from the site of the work as soon as practical after the excavation is made, and no such material shall be unduly allowed to accumulate on the site. The location of the work shall be swept and cleaned following the excavation work.

Section 510.150 Obstructing Public Use — Driveways — Detours.

[R.O. 2008 §510.160; Code 1968 §24-30; CC 1988 §26-70; Ord. No. 24-2007 §12, 12-13-2007]

When possible, all excavations shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the streets, avenues, alleys, sidewalks or other public places. When public use is unavoidably obstructed, the person making such excavation shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. In cases where excavations are made entirely across a public highway and an adequate detour for traffic is not available, a substantial driveway shall be maintained across such excavation until such excavation is refilled. Detours may not be established except upon special permit from the Administrator and then only after notice to the Fire Department and Police Department.

Section 510.160 Backfill Materials — Streets, Walks or Driveways.

[R.O. 2008 §510.170; Code 1968 §24-24; CC 1988 §26-71; Ord. No. 24-2007 §12, 12-13-2007]

A. Excavations made in or under streets, walks or driveways shall be backfilled with granular material or a material approved by the Administrator thoroughly compacted into place and the pavement surface restored to its original condition or better.

B. Approved granular backfill material shall be composed of either crushed rock, gravel or sand, free from clay lumps, trash or dust-sized particles. Other material may be used only with the approval of the Administrator. The maximum size shall not exceed one (1) inch. Quarry materials, gravel or sand shall be placed in horizontal layers no greater in final thickness than six (6) inches and shall be densified by mechanical tamping or vibration. The minimum density of such material shall be not less than one hundred five (105) pounds per cubic foot dry weight basis.

Section 510.170 Backfill Materials — Parkways and Grass Areas.

[R.O. 2008 §510.180; Code 1968 §24-25; CC 1988 §26-72]

Excavations in parkways outside of the paved area of streets or walks may be backfilled with earth, and all grass area shall be returned to their original condition. Earth backfill shall be in accordance with the Specifications for Excavation Work.

Section 510.180 Restoration Generally — Performance Guaranty — Inspections.

[R.O. 2008 §510.190; Code 1968 §24-26; CC 1988 §26-73; Ord. No. 6336 §1(d), 10-6-1986; Ord. No. 6498 §26-73, 4-10-1995; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 14-2017 §§ 1 — 2, 7-24-2017]

A. The work of placing, compacting, backfilling and resurfacing excavated areas is to be performed at the sole cost of the person making the excavation. When the person is not sufficiently qualified to perform resurfacing work, the City Street Department may perform such work and make the necessary charges as contained in Section 510.190.

B. Contractors and utility companies engaged in the construction, replacement or repair of utility lines in paved areas shall be required to perform backfilling and repaving operations as part of the construction or replacement project and to furnish the City a satisfactory guaranty covering performance of the work in accordance with the City specifications.

1. All areas to be patched shall be sawed a minimum sixteen (16) inches larger, each way, then the actual excavation so the patch will bear on undisturbed base.

2. Replacement of pavement where trenching has been performed in concrete pavement shall be from the normal control joints of the Section of pavement. Load transfer bars and reinforcement shall be to Administrator's specification.

3. Patching or resurfacing material shall be the same material as removed, or better.

4. Patched areas in asphalt pavement shall be sealed at the edges.

5. All pipe crossings under paved streets shall be sleeved from two (2) feet beyond edge of pavement.

C. An inspection fee of twenty dollars ($20.00) per hour while backfilling and repairing are in process shall be paid to the City by any contractor, utility company or corporation performing such work when such inspection is required. For the purposes of this Section, inspection shall be required only when the person doing the work has either:

1. Never satisfactorily performed any restoration work; or

2. When the last prior restoration work performed by such person that was done without inspection was not done in accordance with the requirements of this Article.

D. All sidewalks, crosswalks, curbs, gutters, streets, avenues, alleys or public places disturbed, interfered with or injured in making any excavation shall be restored, replaced and repaired to a condition as good as before such excavation was made.

E. When either vertical or horizontal boring was the method used to install the infrastructure, the contractor shall have or shall cause to have an audit of existing infrastructure performed at each area where the bore either crossed or ran parallel to existing infrastructure.

1. Audit shall be performed at the contractors expense.

2. Audit shall be performed after any and all infrastructures, which were listed on the permit, have been installed.

3. Audit shall be conducted on all storm sewer, sanitary sewer mains, and sanitary sewer service connections.

4. Audit shall be conducted by cctv or equal, approved by the Superintendent of Public Works, and digitally recorded. The digital recording shall include the full interior circumference of the structure, shall be a minimum of fifty (50) feet upstream and fifty (50) feet downstream of the bore area.

5. Audit shall have accurate labeling of location, type of pipe, time and date.

6. A digital copy of the audit shall be submitted to the Superintendent of Public Works, immediately after completion of the audit.

7. Contractor will be responsible for any and all damages and repairs to the existing infrastructure.

All repairs and/or replacements of damages will require pre-approval and inspection by the Superintendent of Public Works.

Section 510.190 Fees For Repaving By City.

[R.O. 2008 §510.200; Code 1968 §24-28; CC 1988 §26-74; Ord. No. 24-2007 §12, 12-13-2007]

A. The approximate cost of repaving, when performed by the City, for the person desiring to make the excavation will be estimated at the time the application for an excavation permit is submitted, and such cost, so estimated, shall be deposited with the City Treasurer as a prerequisite to the issuance of the permit. The rates to be charged in preparing cost estimates shall be as follows:

1. For all permanent type streets of concrete, asphalt or brick pavement, per square foot: $ 20.00

2. For all sealcoated or unpaved streets, per square foot: $ 7.00

B. Upon completion of the repaving by the City, a final estimate of the actual quantities of work done will be prepared by the Administrator and if such final estimate of quantities is less than the original estimate a refund will be made; if the estimate is greater an additional charge will be made for the difference, and no subsequent permit will be issued until such balance has been paid.

Section 510.200 Time Period For Warranty of Restoration — Violation.

[R.O. 2008 §510.210; CC 1968 §24-27; CC 1988 §26-75; Ord. No. 6495 §26-75, 4-10-1995]

A. When the restoration work referred to in Section 510.180 is done by the person making or causing to be made the excavation, the street surfacing so replaced shall, for a period of three (3) years following the date of restoration, be the responsibility of the excavator who shall bear all costs of maintenance on the repaired portion for such time.

B. Failure to comply with the requirements of this Section shall constitute a violation of this Article and the City may, in addition to prosecution for such violation, use such portion of the bond deposit provided in Section 510.240 as is necessary to maintain or repair unsatisfactory replacement of the street surface, and no further permits shall be issued to any person whose bond deposit has been thus depleted or diminished.

Section 510.210 Opening New or Resurfaced Streets — Penalty For Restoration Costs.

[R.O. 2008 §510.220; Code 1968 §24-29; CC 1988 §26-76; Ord. No. 6499 §26-76, 4-10-1995; Ord. No. 24-2007 §12, 12-13-2007]

When contractors or utility companies have been given notice of construction or resurfacing of streets, walks, alleys or ways at least ninety (90) days in advance by the Administrator, no opening shall be permitted on such new streets, walks, alleys or ways for a period of ten (10) years unless in an emergency and where tunnelling or other suitable methods cannot be employed. No openings in new streets will be permitted except by permission of the Administrator when the public health or safety is endangered. Should any excavation as herein permitted be made, the party making such excavation shall repave the entire block wherein such excavation is made except when the Administrator certifies such work to be necessary to protect the public health or safety.

Section 510.220 Permit Required — Exceptions — Transferability.

[R.O. 2008 §510.230; Code 1968 §24-18; CC 1988 §26-96; Ord. No. 24-2007 §12, 12-13-2007]

A. No person shall make or cause to be made within the City any excavation in any public street, place, walkway, alley, right-of-way or easement unless and until a permit for such excavation has first been obtained from the Administrator in accordance with the provisions of this Article.

B. No exception to this requirement shall be permitted except:

1. Public work done by authority of the State Highways and Transportation Commission or of the City; and

2. Emergency work done under the provisions of Section 510.270.

C. Such permits shall not be transferable.

Section 510.230 Permit Application.

[R.O. 2008 §510.240; Code 1968 §24-20; CC 1988 §26-97; Ord. No. 24-2007 §12, 12-13-2007]

Application for an excavation permit shall be made in writing to the Administrator. The application shall contain information regarding the purpose, location and size of the proposed excavation and the approximate time when work on the excavation will commence and be completed.

Section 510.240 Permit Fee — Deposit. [1]

[R.O. 2008 §510.250; Code 1968 §24-20; CC 1988 §26-98; Ord. No. 6336 §1(b), 10-6-1986; Ord. No. 6494 §26-98, 4-10-1995; Ord. No. 24-2007 §12, 12-13-2007]

A. 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. Before any excavation permit is issued, the applicant shall furnish proof of liability insurance as set forth in Section 510.250 which will save harmless the City from all claims for damages arising from the prosecution of the work.

B. Each person who seeks one (1) or more excavation permits from the City shall, prior to the issuance of any such permit, deposit and maintain with the City a sum as determined by the Administrator as a standing deposit or performance bond to secure compliance with the provisions of this Article. This deposit or the balance remaining, if any, shall be refunded to the person making and maintaining such deposit upon such person's certification that he/she no longer intends to engage in any activity involving excavations within the City under the provisions of this Article and after deduction from such deposit of all amounts due to the City for permits issued or services performed by the City for such person in securing compliance with the provisions of this Article.

[1] Cross Reference — Licenses, permits and miscellaneous business regulations, §§605.010 et seq.

Section 510.250 Permit — Liability Insurance or Bond.

[R.O. 2008 §510.260; Code 1968 §24-21; CC 1988 §26-99; Ord. No. 6336 §1(c), 10-6-1986; Ord. No. 6496 §26-99, 4-10-1995]

Every applicant for an excavation permit shall register with the City proof that the applicant is maintaining liability insurance in the sum of one million dollars ($1,000,000.00) for any injuries or damages received or sustained by any person or property because of the excavation work or because of or in consequence of any neglect in safeguarding the work. Such insurance shall be carried with a company that has been licensed or permitted to carry on such business in the State and shall be kept and maintained continuously in force and effect so long as the excavation work shall be in process. A verified copy of the insurance policy is in full force and effect and that such insurance shall not be altered, amended, terminated or ended without notice to the City. In lieu of the insurance required by this Section, the applicant may deposit a corporate or other surety bond in the penal sum of one million dollars ($1,000,000.00), conditioned that he/she will pay any judgment recovered by any person injured or any property damage incurred because of the excavation work or because of or in consequence of any neglect in safeguarding the work. If the insurance policy provided for in this Section lapses and is not immediately renewed or if any bond terminates in any manner whatsoever and a substitute in lieu thereof is not deposited, the permit for such excavation shall be revoked immediately.

Section 510.260 Permit Fees — Monthly Billing For Fees and Costs.

[R.O. 2008 §510.270; Code 1968 §24-22; Ord. No. 6497 §26-100, 4-10-1995]

Any person having occasion to make frequent excavations in any public place, street, walkway, alley, right-of-way or easement or any licensed plumbing contractor having his/her principal place of business in the City who shall make frequent excavations shall not be required to pay the permit fee each time application for the permit is made but may be billed on a monthly basis for such fees and costs, but permits are to be secured prior to commencing work.

Section 510.270 Emergency Work.

[R.O. 2008 §510.280; Code 1968 §24-19; CC 1988 §26-101; Ord. No. 24-2007 §12, 12-13-2007]

In cases of an emergency where the public health or safety is in danger and the office of the Administrator is not open, the provisions of this Article relating to the issuance of permits prior to commencement of excavation shall not apply. In such case, the person making the excavation shall notify the Police Department that the emergency work is commencing and the location of the excavation, 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 excavation until such time as the Administrator has inspected and approved the backfill and issued a permit therefor. Application for the permit shall be made on the first (1st) day on which the office of the Administrator is open after the work commences.