[CC 1984 §8.010; Ord. No. 13 §8.010; Ord. No. 267, 7-17-1984; Ord. No. 344 §8.010(6,7), 9-20-1988; Ord. No. 527A §8.010(2), 10-5-1998]
A.
No person,
firm or corporation shall grade, construct, repair or reconstruct
any curb, gutter or driveway within the public right-of-way from any
public street or roadway to any property line unless and until a permit
for such grading, constructing, repair or reconstruction has been
obtained from the Planning and Zoning Board, provided however, that
in the event of an emergency, application for a permit may be made
to the Mayor.
B.
Anyone
applying for such a permit shall submit to the City an application
including plans indicating a location, character and extent of the
work to be done. All applications for a permit to construct a driveway
or other structure crossing in a street, drain or ditch shall include
in the plans and specifications a drain pipe or culvert with a minimum
diameter of fifteen (15) inches, so as to provide for the free flow
of water in such a ditch or drain.
C.
All applications
and the accompanying plans shall be submitted to the Planning and
Zoning Board for their approval or disapproval. In the event the application
or accompanying plans are disapproved by the Planning and Zoning Board,
the applicant may appeal this decision to the Board of Alderpersons
who shall hear the appeal and approve or disapprove the application.
D.
If the
application is approved and a permit is issued, the applicant must
perform all grading, construction, repair or reconstruction in accordance
with and in compliance with the plans and specifications which were
submitted with the application.
E.
It shall
be the duty of the property owners to maintain all pipes or culverts
under any driveway or other crossing of a street, ditch or drain adjoining
their property and to keep such pipe or culvert free from dirt or
debris so as not to obstruct the free flow of water in that ditch
or drain.
F.
Any new street to be constructed within the City limits of Weatherby Lake, Missouri, irrespective of whether the street is in a subdivision, shall meet all requirements of the regulations as set forth in Chapter 410, Subdivision Regulations.
G.
Any new
street shall be curbed, guttered and constructed in a manner approved
by the City Engineer.
[CC 1984 §8.020; Ord. No. 267, 7-17-1984; Ord. No.
527A §§8.020, 8.020(5b — 5c, 5e, 5g, 6 —
7), 10-5-1998]
A.
No person,
firm or corporation shall excavate, trench, dig or cut upon any public
street, sidewalk or right-of-way or shall utilize or maintain any
public utility equipment, apparatus, pipe, wire or paraphernalia of
any kind upon any public street, sidewalk or right-of-way within the
City limits of the City without first obtaining a permit from the
City allowing such construction, installation or maintenance. Any
permit obtained in this manner shall be subject to annual renewal
at the discretion of the City. It is the obligation of any person
or corporation to comply with the underground Facility Safety and
Damage Prevention Act in the Missouri Statutes (Sections 319.010 —
319.050, RSMo.) sometimes known as DIG RITE and to make the appropriate
notifications when required by the Statute.
B.
The applicant
must file a written application with the Mayor. The application shall
include plans and specifications describing with specificity the location
and nature of the work to be performed. The application shall also
include a description of all steps to be taken by the applicant to
preserve the ecology and sanitation of the lake and to restore any
shoreline, public or private, which may be damaged or altered by the
proposed work. The applicant shall agree that the doctrines of waiver
or estoppel shall not be applicable against the City by virtue of
the granting of the permit. All bonds required by this Section shall
accompany the application.
C.
All applications
and the accompanying plans and specifications shall be submitted to
the Mayor for approval or disapproval.
D.
If the
work involves a cutting or excavation on any public street, sidewalk
or right-of-way, a cash bond shall be required in the amount of two
hundred fifty dollars ($250.00) plus the sum of five dollars ($5.00)
per foot for the first (1st) one hundred (100) feet of any cutting
or excavation and the sum of two dollars ($2.00) per foot for each
additional running foot of a cutting or excavation. If the work does
not involve any type of cutting or excavation, the bond shall be in
the amount of five hundred dollars ($500.00). The bond deposit shall
remain with the City for one (1) year after the work is completed.
The bond shall be conditioned upon the performance and completion
of the work without damage and upon the replacement and restoration
of any real or personal property damaged or altered by that work.
If the City deems it necessary to inspect the project, it may hire
inspectors and the expense incurred shall be deducted from the bond
amount. At the end of the one (1) year time period, the balance of
the bond remaining after deduction of any proper claims or charges
shall be returned to the applicant.
The bond may be deposited by the City in an interest-bearing
account and any interest earned shall be the property of the City
and not of the applicant.
E.
In addition
to the cash bond required in the prior Subsection, a performance bond
shall be deposited with the City in the amount of five thousand dollars
($5,000.00). The bond shall be subject to the following conditions:
1.
The
performance and completion of the work without adversely affecting
the condition of Weatherby Lake by casting materials into the lake
or by causing effluent or waste material to escape and enter the water
of the lake.
2.
The
placement, repair and restoration of any real or personal property
damaged or altered by the work to its pre-existing condition. The
sufficiency of any repair, replacement or restoration shall be determined
solely by the City. Additionally, applicant shall, when applicable,
notify utilities pursuant to the Underground Facility Safety and Damage
Prevention Act (sometimes known as DIG RITE) at Sections 319.010 —
319.050, RSMo., and neither utility nor any other person doing damage
shall conceal or attempt to conceal damage, dislocation or repairs
to City property from the City.
3.
Performance
of the work in a manner to protect, shore, brace, support and maintain
all underground pipes, conduits, drains and other underground construction
uncovered or otherwise affected by any excavation work performed by
the applicant. Any replacements of any underground construction or
surface materials shall be made with new materials, as described in
the following sentences: Rolled stone base shall be applied for the
repair of all streets or drives to the thickness of eight (8) inches
over the trench area. All streets which are asphalt or which were
built under the City's subdivision regulations prior to May 19, 1998,
may be repaired with three (3) inches of concrete or six (6) inches
of asphalt unless the Director of Public Works makes different repair
requirements.
4.
Performance
of the work in such a manner as to interfere as little as possible
with public travel. Whenever it is necessary to cross, obstruct or
close roads, driveways and walks, whether public or private, the applicant
shall at his/her own expense provide and maintain suitable and safety
detours or other temporary expedients for the accommodation of public
and private travel and he/she shall give reasonable notice to all
owners of private drives before interfering with them. However, the
applicant may interfere with travel without providing detours or temporary
expedients if he/she shall reach agreement with the affected individuals
regarding the time and manner of the obstruction.
5.
Provision
of effective barricades on which shall be placed acceptable warning
signs. Barricades shall be located at the nearest intersection public
highway or street on each side of the blocked section. All open trenches
and other excavations shall be provided with suitable barriers, signs
and lights to the extent that adequate protection is provided to the
public. Obstructions, such as material piles and equipment, shall
be provided with similar warning signs and lights. All barricades
and obstructions shall be illuminated by means of warning lights at
night. All lights used for this purpose shall be kept burning from
sunset to sunrise. Materials stored upon or alongside public streets
and highways shall be so placed and the work at all times shall be
so conducted as to cause the minimum obstruction and inconvenience
to the traveling public. All barricades, signs, lights and other protective
devices shall be installed and maintained in conformity with applicable
statutory requirements and where within the public right-of-way as
required by the authority having jurisdiction hereof.
6.
The
applicant shall be responsible for all damage to streets, shoulders,
ditches, embankments, culverts, power transmission lines, gas lines
or other public or private property or facility, regardless of location
or character, which may be caused by the performance of the work.
The applicant shall repair and restore all damages to the City's streets
and rights-of-way over which construction vehicles and equipment have
traveled. The maximum load permitted for construction vehicles and
equipment traveling over the City's streets shall be eight (8) tons.
7.
The
applicant shall remove from all public and private property all temporary
structures, rubbish, excess excavation and waste materials resulting
from his/her operations. He/she shall clean all dirt from paved surfaces,
not allowing that dirt to pack on the roadway or to create a traffic
nuisance. Insofar as practical, he/she shall clean all dirt from gravel
and oil aggregate surfaces. All existing sod areas shall be hand raked.
All ditches shall be properly graded, sloped, seeded or sodded.
8.
The
applicant expressly agrees that any damage to City property may be
repaid or replaced at applicant's expense from the deposit of bond
money. The bond money shall be held for a one (1) year period following
the completion of the work. If during that year the repairs and restoration
performed by the applicant are found to be unsatisfactory to the City,
the City shall give the applicant written notice of such deficiencies.
If after thirty (30) days the applicant has not made satisfactory
repairs, the City may forfeit any cash bond. After such forfeiture,
the City may use the money from said bond to do the work required
to repair and restore the real and personal property of the City and
its property owners. The balance of the money from any such forfeited
bond after completion of the work shall be returned to the applicant.
9.
The
applicant shall promptly remove from the public streets, highways
and right-of-ways all equipment, supplies or construction materials
as soon as the project is complete but in no event for longer than
thirty (30) days. In the event an applicant fails to remove its equipment
as required, then the City may enforce this Subsection by giving applicant
seven (7) days' notice to remove his/her property from public streets,
highways and right-of-ways of the City and if not removed, the City
may remove the equipment or facilities. Provided however, in the event
that facilities are required for longer than the thirty (30) day period
during or after the completion of the project, then the facilities
may be allowed to remain on the City right-of-way only after receiving
written consent from the Director of Public Works.
