[R.O. 2012 §515.010; Ord. No. A-6342 §1, 8-9-1996]
A. No
person shall make an excavation within the right-of-way limits of
any street, alley or sidewalk without first obtaining a permit from
the City Clerk; provided, that in the case of 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 persons
making such excavation or opening in streets, alleys or sidewalks
obtain a permit where such permit cannot be obtained immediately and
before starting such excavation or opening. The permit, or a copy
thereof, shall be kept at the work site and exhibited to any Police
Officer, inspector or agent of the City Clerk or Utilities Superintendent
asking for same.
B. For
purposes of this chapter, the word "person" shall
include individuals, agents, corporations, public and private utilities,
political subdivisions, departments and agencies of the State of Missouri
and the United States government, firms, partnerships, associations
and any other group acting as a unit.
C. Public
utilities, political subdivisions, departments and agencies of the
State of Missouri and the United States government shall be required
to secure permits under the terms of this Chapter but shall be required
to post bonds or deposits.
D. 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. 2012 §515.020; Ord. No. A-6342 §1, 8-9-1996]
A. Where
it shall be necessary to make an excavation within the limits of any
existing street, alley or sidewalk, the applicant for an excavation
permit shall, before receiving a permit, deposit with the City Clerk
an amount of money equal to two dollars ($2.00) per square foot of
estimated excavation area.
B. In
lieu of such deposit, the applicant may file with the City Clerk a
surety bond sufficient in amount to insure payment for the proper
repair of such excavation in accordance with the terms of this Code
and other City ordinances and to insure and protect the City from
all damages that may arise from such excavation prior to acceptance
by the City, after proper backfilling.
C. Such
deposit shall be returned ninety (90) days after the excavation has
been backfilled and after a street inspector shall have reported the
excavation to have been properly repaired and payment made therefore
and to his/her knowledge no damage to any person or property has occurred
by reason of such excavation prior to acceptance by the City.
D. Any
person who is issued a permit under the provisions of this Chapter
shall as a condition to the granting of such permit agree to indemnify
and hold harmless the City from any claims and damages because of
bodily injury, including death, and claims for damages to property
which may arise out of and during operations under the permit whether
such operations be by the applicant or by any subcontractor or anyone
directly or indirectly employed by the applicant.
[R.O. 2012 §515.030; Ord. No. A-6342 §1, 8-9-1996]
Every person making an excavation in a street, alley or sidewalk
shall pay to the City Clerk for the inspections and permits required
in this Section a fee of five dollars ($5.00).
[R.O. 2012 §515.040; Ord. No. A-6342 §1, 8-9-1996]
A. Where
an application is made for an excavation permit (excepting for the
installation of a sewer or water connection) the applicant shall submit
a drawing or plat showing the location where the proposed main or
cable is to be placed.
B. All
underground water mains and their lateral lines and valve boxes and
all underground gas mains and lateral lines and appurtenances thereto
and all underground telephone cables, junction boxes and appurtenances
thereto shall, wherever practicable, be placed between the curb line
and sidewalk or sidewalk line in the Section of the street known as
the parkway. Where the street pavement and the sidewalk occupy the
entire street, the underground water, gas mains, telephone cables
and lateral lines, valve boxes, junction boxes, and other appurtenances
thereto shall, where practicable, be placed under the sidewalk. When
any of the aforesaid mains, cables, or appurtenances thereto are placed
under the sidewalk, the sidewalk shall be removed to the full width,
except where the sidewalk is of such width and construction as to
permit removal of a part of the sidewalk to a longitudinal joint.
[R.O. 2012 §515.050; Ord. No. A-6342 §1, 8-9-1996]
All excavation shall be barricaded in such a manner as to protect
such pedestrians and vehicular traffic. Such excavation 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 surplus excavation materials, tools or supplies
at the site of the excavation shall be barricaded and lighted at night
in the manner described in this Section. All barricades and lights
shall be in accordance with the Manual on Uniform Traffic Control
Devices (MUTCD).
[R.O. 2012 §515.060; Ord. No. A-6342 §1, 8-9-1996]
At the completion of any work requiring the excavation of a
street, alley or sidewalk, such excavation shall be immediately backfilled
with material meeting the gradation requirements of Section 02222-Granular
Stone Bedding and Backfill as specified in the City of Monett standard
construction specifications. All surplus material shall be removed
from the area by the person making the excavation.
[R.O. 2012 §515.070; Ord. No. A-6342 §1, 8-9-1996]
When an excavation has been made within the limits of any street,
alley or sidewalk, and after the same has been properly backfilled
and opened to traffic, the person making the excavation shall immediately
notify the City Clerk that the same is ready for final repair. The
Superintendent of Streets 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,
he/she shall accept the same for the City and relieve the person making
the excavation from further liability in connection therewith, except
for the payment of the charge set out in this Chapter for paving,
surfacing or maintenance for a period of ninety (90) days of such
street, alley or sidewalk. If requested by the Superintendent of Streets,
the person making the excavation shall place a temporary surface consisting
of at least one and one-half (1½) inches of cold mix asphalt
over the backfill prior to acceptance. After such acceptance, the
City shall be solely liable for maintenance and repair of such excavation;
except, that on the parkways and the shoulders of unpaved streets,
the person making the excavation shall be responsible for the same
for a period of ninety (90) days. The judgement of the Superintendent
of Streets or his/her duly authorized agent as to when an excavation
has been properly backfilled and has settled sufficiently to permit
final repair shall be conclusive.
[R.O. 2012 §515.080; Ord. No. A-6342 §1, 8-9-1996]
A. After
inspection and acceptance of excavation by the Superintendent of Streets,
he/she shall proceed with the final repair of such excavations in
the following manner:
1. Paved streets. If the excavation is in the paved
area of any street, alley or sidewalk:
a. For concrete streets, the backfill shall be removed to a depth equal
to the thickness of the existing concrete. For streets surfaced with
asphalt or other material, the backfill shall be removed to a depth
of six (6) inches below the lower side of the surface course.
b. The existing paving shall than be broken out and all materials removed
to the above depth and for a distance of twelve (12) inches on each
side of the original excavation. The paving shall be broken with care
so as to insure a straight edge and a uniform patch. Concrete streets
shall be patched with Portland cement concrete of the same thickness
but not less than six (6) inches. Other types of pavement may be patched
with a two (2) inch layer of bituminous surface over a six (6) inch
Portland cement concrete base.
2. Streets with bituminous seal coat or oiled surface. If the excavation is within the limits of any street with a bituminous
seal coat or oiled surface, the Superintendent of Streets shall remove
the top two (2) inches of the backfill and refill the same with plant
mix bituminous surface to the level of the existing surface.
3. Parkways. The person making the excavation shall
be responsible for the protection and private property adjacent to
the work and shall exercise due caution to avoid damage to such property.
The person making the excavation shall repair or replace all existing
improvements (e.g., curbs, sidewalks, driveways, fences, wells, signs,
utility installations, etc.), which are damaged or removed as a result
of these operations. Repairs and replacements shall be at least equal
to existing improvements and shall match them in finish and dimension.
a. Trees, lawns and shrubbery shall be protected from damage or injury.
If damaged or removed because of the operations, they shall be restored
or replaced in as near the original condition and location as is reasonably
possible. After the backfill has settled sufficiently at least six
(6) inches of topsoil shall be replaced on excavated areas, removing
backfill material as necessary in order that the final surface may
match the previously existing grade. The disturbed area shall be fertilized
with a mixture consisting of thirteen (13) pounds of soluble nitrogen
phosphoric acid and potash per one hundred (100) pounds of mixture.
The area shall then be raked to a smooth even surface, the soil loosened
to a depth of at least one (1) inch and seeded. The seed shall be
a mixture containing fifty percent (50%) Park's Kentucky Bluegrass,
forty percent (40%) Creeping Red Fescue, five percent (5%) Dutch White
Clover, and five percent (5%) Annual Rye Grass. The seed shall be
free from Johnson Grass, Canadian Thistle or field bindweed seed and
shall not contain more than two percent (2%) of other weed seeds.
The seed shall be evenly distributed over the area at a rate of three
(3) pounds per one thousand (1,000) square feet. On areas subject
to wash or on slopes steeper than three (3) to one (1), the seeded
areas shall be covered by straw approximately one quarter (¼)
inch in depth. The area shall be maintained by the person making the
excavation for a period of ninety (90) days.
4. Unsurfaced or aggregate surfaced streets. If the excavation is within the limits of any unsurfaced or aggregate surfaced street, the same shall be maintained by the person making the excavation for a 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 as provided in Section
515.090 of this Chapter.
[R.O. 2012 §515.090; Ord. No. A-6342 §1, 8-9-1996]
A. Upon
completion of the repairs to excavation, the Superintendent of Streets
shall compute the area of patch work done by the City in repairing
such excavation and the person making the excavation shall pay the
City Clerk for such repairs in accordance with the following schedule
of prices:
1. Six (6) inch Portland cement concrete, per square foot (SF) $4.50
2. Portland cement concrete, per inch over six (6) inches, per SF 0.50
3. Four (4) inch concrete sidewalk, per SF 4.00
4. Two (2) inch bituminous mix, per SF 2.00
5. Concrete curb and guttering, per lineal foot (LF) 9.00
9. Permit for excavation in surfaced R/W, each 5.00
10. New residential driveway permit (improved) 30.00
11. New commercial driveway permit (improved) 35.00
12. New commercial driveway permit (unimproved) 35.00
[R.O. 2012 §515.100; Ord. No. A-6342 §1, 8-9-1996]
Failure of the person making the excavation to comply with the provisions of this Chapter shall be deemed cause for revocation of the bond or deposit. Failure of the person making such excavation to make corrections to comply with the provisions of this Chapter within three (3) days after notice being given of the defect, shall constitute cause for the City to refuse to issue further excavation permits to such person until the failure is corrected. Any person who shall violate any provisions of this Chapter shall, upon conviction, be punished as provided in Section
100.080 of the Monett City Code.
[Ord. No. 8759, 4-20-2020]
A. To
be eligible for reimbursement, the owner or contractor shall have
a permit approved by the City Engineer or his/her authorized representative
to be presented along with a claim for payment by the City upon completion
of the work. The permit shall have supporting documentation that clearly
describes the scope of the improvements.
B. If
said improvements are approved for payment by the City Engineer, the
City shall reimburse the property owner at the rate of ten dollars
($10.00) per linear foot.
C. Sidewalks
that are determined by the City Engineer to require an ADA-accessible
ramp, shall be the responsibility of the City and that work shall
be done by City personnel or by an approved contractor with all costs
borne by the City.
D. The
City Engineer or his/her authorized representative shall have discretion
in granting approval for repairs, replacements and the extension of
sidewalks taking into consideration their connectivity to the City's
existing sidewalk and trail network.