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.
