City of Trenton, MO Article III Excavations Generally

Section 530.110 Permit From City — Required. [1]

[R.O. 2011 §530.200; Code 1967 §21-17; CC 1975 §27-19]

It shall be unlawful for any person to excavate, open or dig into, over, along or under any street, avenue, alley or thoroughfare, or the pavement of any paved street or the sidewalk or curb of any street, avenue, alley or thoroughfare in the City, for the purpose of making connections with or repairs to any water, gas, oil or sewerage pipes or mains laid beneath the surface of such street, avenue, alley or thoroughfare or for any other purpose, without first having obtained a permit to do so from the City Administrator or City Engineer.

[1] Cross Reference — As to prohibition of issuance of permits to persons delinquent in payment of license taxes, personal taxes, etc., §605.070.

Section 530.120 Permit From City — Application.

[R.O. 2011 §530.210; Code 1967 §21-18; CC 1975 §27-20]

Any person seeking to excavate or dig into any of the streets, avenues, alleys or thoroughfares in the City for any purpose provided for in Section 530.110, shall, before so doing, make a written application to the City Administrator or City Engineer, giving the location, width, length and depth of such excavation and the purpose for which the excavation is to be made.

Section 530.130 Permit From City — Determination of Fee — Determination of Best Method of Making Excavation.

[R.O. 2011 §530.220; Ord. No. 90-10 §1, 2-14-1990; Ord. No. 91-2 §1, 1-9-1991]

A. It shall be the duty of the City Administrator, Building Inspector or Street Supervisor, upon the application of any person for a permit to excavate, open or dig into any street, avenue, alley, or thoroughfare in the City, for any purpose provided in Section 530.110, to obtain a sworn statement as to the maximum square feet of the surface of such street, avenue, alley, thoroughfare and to determine the cost of such permit according to information on the forms, Application for Right-of-Way Excavation Permit and Right-of-Way Permit available at City Hall or on-line at trentonmo.com.

B. The City Administrator, Building Inspector or Street Supervisor shall determine and instruct the person seeking the permit on the best method of making the excavation or opening, and on concrete, brick, asphalt, paved or hard surface streets, alleys, sidewalks or curbs, any excavations or openings shall be made by using an appropriate saw.

C. Any property owner performing work or for whom work is performed necessitating the issuance of a permit under this Article shall be notified of the actual cost for the issuance of such a permit by the City Administrator, Building Inspector, or Street Supervisor. In consideration of the granting of said permit, the permittee shall indemnify and hold the City, its officers, agents, and employees, harmless from any and all claims, demands, actions or causes of action arising from the performance or non-performance of any duties or obligations created as a result of the issuance of such a permit, including, but not limited to, compliance with all existing City ordinances. As further consideration for and as a prerequisite to the issuance of a permit hereunder, the owner or contractor shall provide the City with evidence of general contractor's liability insurance coverage or other appropriate insurance coverage acceptable to the City in amounts deemed sufficient by the City to protect it from liability which may arise as a result of any construction activities performed pursuant to the permit.

Section 530.140 Permit From City — Deposit of Fee Prerequisite To Issuance.

[R.O. 2011 §530.230; Code 1967 §21-20; CC 1975 §27-22]

Before any permit is issued by the City Administrator or City Engineer as provided in Section 530.130, the parties seeking to make such excavation in such street, avenue, alley or thoroughfare shall pay to the City and deposit in cash with the City Administrator or City Engineer the amount determined by Section 530.130.

Section 530.150 Permit of City — Disposition of Funds.

[R.O. 2011 §530.240; Code 1967 §21-21; CC 1975 §27-23]

All funds received by the City Engineer for permits for the excavation of or digging into the streets, avenues, alleys or thoroughfares in the City, as provided in this Article, shall be deposited in the City Depository in a special account to be known as the Street Replacement Fund.

Section 530.160 Supervision of, Method of Making, Etc., Repairs — Itemization of and Warrant For Total Cost of Repairs.

[R.O. 2011 §530.250; Code 1967 §21-22; CC 1975 §27-24]

It shall be the duty of the City Engineer to supervise the Street Supervisor and Street Department, during such times as there shall be appointed a City Engineer and a Street Supervisor, and during such times as such Officers shall not be appointed, it shall be the duty of the City Administrator to supervise the Street Department, in making repairs to all excavations. The making of such repairs shall be done according to the plans and profile thereof as furnished by the City Administrator or City Engineer. The repairs shall be so made as to leave the street, avenue, alley or thoroughfare, and the sidewalk, curbing and paved portions thereof, in as good condition as when entered upon by the party doing such excavation. When the street, avenue, alley or thoroughfare has been repaired, the Street Supervisor shall furnish to the City Engineer an itemized account of the total cost of the repairs thereto, including the cost of all materials and labor and the supervision cost of the Street Supervisor and of the City Engineer; provided, that when such officers have not been appointed, it shall be the duty of the City Administrator to furnish such accounts. It shall be the duty of the City Administrator or City Engineer, as applicable, to certify to the City Clerk the amount of the total cost of the repairs and the amount due to the party by whom the deposit was made, and it shall then be the duty of the City Clerk to draw and execute a warrant on the Street Replacement Fund for the difference between the cost of such repairs and the amount of the deposit and deliver the warrant to the person by whom the deposit as provided in this Article was made.

Section 530.170 Backfilling, Compacting and Resurfacing.

[R.O. 2011 §530.260; Code 1967 §21-23; CC 1975 §27-25]

Any person who shall excavate, open or dig into any street, alley, thoroughfare, sidewalk or curbing in the City shall refill such excavation and compact the same to ninety-five percent (95%) of original compaction and notify the City Administrator or City Engineer of such conditions. Thereafter, the City shall resurface the disturbed portion of the street, in the manner and to the extent to replace it in its original condition as provided by Section 530.160.

Section 530.180 Permit From State Highways and Transportation Commission.

[R.O. 2011 §530.270; Code 1967 §21-24; CC 1975 §27-26; Ord. No. 2449 §§1 — 2, 4-2-1969]

No person shall make any excavation within the right-of-way for Route 6 inside the City, Route 65 from north City limits station 702+60 southerly to south City limits station 722+26 or Route AA from existing Route 65 and AA easterly to station 15+55, without first obtaining from the proper agent or representative of the State Highways and Transportation Commission a permit for the particular work, and any person performing any such work under a permit obtained from such agent or representative of the State Highways and Transportation Commission shall perform such work only in accordance with the terms thereof. Any person who violates the terms of this Section shall be deemed guilty of an ordinance violation.