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City of Frontenac, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference — As to streets and sidewalks generally, see ch. 520.
[Ord. No. 2000-1155 §1, 1-25-2000]
No person shall make or cause to be made any excavation on any street, highway, alley, road or other public thoroughfare without express written permission of the Building Commissioner and Zoning Administrator to do so, except public work under the authority of the Board of Aldermen.
[Ord. No. 2000-1155 §1, 1-25-2000]
Before the Building Commissioner and Zoning Administrator shall issue any permit under this Chapter, the person desiring to make such excavations shall make application in writing, setting out the location and size of the proposed excavation and approximately when the same shall be commenced.
[Ord. No. 2000-1155 §1, 1-25-2000]
A. 
Before any permit is issued under this Chapter, there shall be paid to the City Clerk the sum of twenty-five dollars ($25.00), as a permit and inspection fee, for each proposed opening less than ten (10) square feet in area, plus an additional fifty cents ($.50) per square foot, or fraction thereof, for each square foot, or fraction thereof, of each proposed opening exceeding ten (10) square feet in area; and, in addition, the applicant shall deposit a cash bond or provide a bond with good and sufficient surety, on forms to be provided by the City, in the sum of five hundred dollars ($500.00) for a proposed excavation opening not exceeding ten (10) square feet in area; in the sum of one thousand dollars ($1,000.00) for a proposed excavation opening over ten (10) square feet in area but not exceeding twenty-five (25) square feet in area; in the sum of ten thousand dollars ($10,000.00) for a proposed excavation opening over twenty-five (25) square feet in area but not exceeding one hundred (100) square feet in area; and, in the case of a proposed excavation opening exceeding one hundred (100) square feet in area, the cash or surety bond shall be in the face amount of ten thousand dollars ($10,000.00) plus one thousand dollars ($1,000.00) for every one hundred (100) square feet of excavation opening or part thereof greater than one hundred (100) square feet. Utility companies having a franchise to operate in the City of Frontenac, in lieu of providing individual bonds for each permit they are issued for each excavation, may provide one (1) blanket surety bond at the beginning of each calendar year, on forms to be provided by the City, in the sum of ten thousand dollars ($10,000.00). Cash deposit bonds shall be retained by the City for one (1) year from the date of the refilling of any street, sidewalk or alley. All bonds submitted by applicants for excavation permits shall run in favor of the City, its residents and its landowners and shall be conditioned:
1. 
To insure that the applicant will faithfully perform, complete and pay for the costs of all necessary refilling and repairs to the streets, sidewalks or alleys in which the applicant shall excavate;
2. 
To indemnify the City, its residents and its landowners against any loss or expense arising from the applicant not filling such excavations, making all necessary repairs and maintaining each site for one (1) year;
3. 
To indemnify the City, its residents and its landowners against any and all costs and damages and claims of damages of any and all kinds and character arising from or in any way connected with the failure of the applicant to properly refill, replace, repair and maintain for one (1) full year from the date of refilling the portion of any street, sidewalk or alley so excavated under any such permit; and
4. 
To indemnify the City against any and all costs of the enforcement of the requirements of the Code of Ordinances of the City of Frontenac. The Building Commissioner and Zoning Administrator shall inspect all excavations, refilling and repairs to the street, sidewalk or alley affected both at the time of refilling and repair and one (1) year from the date thereof as well as at such other times as he/she may deem appropriate. No cash or surety bond shall be released by the City until the Building Commissioner and Zoning Administrator shall have inspected the site and given his/her written approval for such release.
[Ord. No. 2000-1155 §1, 1-25-2000]
Inspections under this Chapter shall be made by the Road Superintendent or the Building Commissioner and Zoning Administrator with all inspection fees to be paid into the Treasury of the City.
[Ord. No. 2000-1155 §1, 1-25-2000]
The provisions of this Chapter relating to issuance of a permit prior to commencement of work of an excavation shall not apply in case of emergency where public safety or health is endangered, but the work may proceed immediately and the permit may be applied for as soon as practicable after the work is initiated.
[Ord. No. 2000-1155 §1, 1-25-2000]
On application by the permittee under this Chapter to the Building Commissioner and Zoning Administrator not less than one (1) year from the date of the permit, and when the work of refilling such excavation and restoration of the surface of the area to its former condition shall be completed to the satisfaction of the Building Commissioner and Zoning Administrator, the deposit shall be returned by the City Treasurer.
[Ord. No. 2000-1155 §1, 1-25-2000]
Any person who shall make or cause to be made any excavation on any street, road, highway, alley or public or private thoroughfare within the confines of the City shall provide and maintain adequate barricades protecting such excavation and shall cause the same to be properly lighted by flares, mechanical flashers, lanterns or other approved means from sundown to sunup. Failure to provide proper barricades and illumination shall cause an arrest notice to be issued by the Police Department. Any barricades or lighting provided by the City to protect such excavation shall be charged to the permit holder or be deducted from the deposit placed with the City at the time of the issuance of an excavation permit.
[Ord. No. 2000-1155 §1, 1-25-2000]
Every applicant under this Chapter, when an excavation is completed, shall forthwith refill such excavation, and within a reasonable time thereafter or upon notification of the Building Commissioner and Zoning Administrator to do so, at his/her own cost and expense forthwith restore the surface of the area of such street, highway, alley, road or other private or public thoroughfare to its former condition. All deficiencies in material shall be made good by the person making the excavation. Such refilling, restoration and resurfacing shall be under the supervision and inspection of the Building Commissioner and Zoning Administrator and to his/her satisfaction.
[Ord. No. 2000-1155 §1, 1-25-2000]
Upon application to the City, the trustees of private subdivisions within the confines of the City may avail themselves of inspection and supervision of openings and excavations within their respective subdivisions. Such application shall include specific permission for the City to conduct inspections and supervise such excavations or openings. Permit fees, deposits and bonds shall be paid and posted with the City by the person making such openings or excavation in accordance with the provisions of this Chapter.
[Ord. No. 2000-1155 §1, 1-25-2000]
It shall be the duty of the Building Commissioner and Zoning Administrator to keep a full complete account in a book for that purpose of all permits issued showing the date of issue, party to whom issued, location, money collected on account thereof and bonds posted, which money and bonds shall be turned over to the City Treasurer when and as received and shall become a part of the General Revenue Fund. The Building Commissioner and Zoning Administrator shall submit evidence of inspections made and make an accounting of the inspection fees due the City. The Building Commissioner and Zoning Administrator shall make a report to the Board of Aldermen showing the number of permits issued and of the accounts turned over to the City Treasurer.