[R.O. 1993 § 540.010; CC 1988 § 24-131; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
No person shall make or suffer to be made within the City any excavation in any public street, place, walkway, right-of-way or easement unless and until a permit for such excavation has been obtained from the City Planning and Zoning office in accordance with the provisions of this Chapter. No exception to this requirement shall be permitted except:
[R.O. 1993 § 540.020; CC 1988 § 24-132; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 94-2152 § 1, 6-27-1994; Ord. No. 95-2204 § 1, 11-28-1995; Ord. No. 96-2225 § 1(A), 3-12-1996; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2013-2952 § 1, 5-28-2013; Ord. No. 2018-3143, 3-27-2018]
Application for an excavation permit shall be made with the Building Inspector or his/her designated representative. An application shall be made in writing, or under specified circumstances, by telephone. The application shall contain such information as the Building Inspector or his/her designated representative may require regarding the purpose, location and size of the proposed excavation and the approximate time when the work thereon will be commenced and completed. When it is not practical to obtain a written permit prior to excavation, the person or business may request a permit by telephone or facsimile communication. In order to obtain a permit without a written application, the person or business must have on file with the Building Inspector or his/her designated representative the name, address and telephone number of the person's or business's primary business location and a copy of a current business license. If a telephone application is made, then the person or business requesting the permit shall file, within two (2) working days, a written application with the Building Inspector or his/her designated representative. A separate permit shall be required for each excavation, and a fee of one hundred fifty dollars ($150.00) will be charged for cuts up to and including forty-eight (48) square feet. For cuts over forty-eight (48) square feet, additional charges of three dollars and fifty cents ($3.50) per square foot will be added.
[R.O. 1993 § 540.030; CC 1988 § 24-133; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
The Building Inspector shall prepare and keep at least one (1) copy of the City's specifications for excavation work on file in the City Clerk's office and the City Planning and Zoning office to be available to the public for inspection and use during all regular business hours. Such specifications shall state the minimum requirements for cutting of any street or public way, backfill, required compaction, resurfacing material and time for completing project.
[R.O. 1993 § 540.050; CC 1988 § 24-135; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
Every person who makes or causes to be made any excavation in or adjoining any public street, sidewalk or public place shall provide, erect and maintain at all times along the line of work all such barricades, signs, lights and warning signals as may be necessary to protect the public from the hazards arising from the operation.
Every person who makes or causes to be made any excavations shall indemnify the City against all liability arising by reason of such excavations.
[R.O. 1993 § 540.060; CC 1988 § 24-136; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011]
The permit holder shall be liable for any damages occurring by reason of an excavation and shall save the City harmless from any claims, damages or causes of action.
[R.O. 1993 § 540.070; Code 1972 § 32-23; Ord. No. 80-1785 § 1, 12-8-1980; CC 1988 § 24-137; Ord. No. 2011-2905 § 1, 5-24-2011]
All utility companies shall at the option of the City be billed at the end of each month for all permits, inspections, fees and charges, and costs herein provided incurred by them during the month.
Firms, corporations and other persons who perform excavating shall be billed at the time of obtaining their permit for all costs herein incurred.
[R.O. 1993 § 540.080; Code 1972 § 32-24; CC 1988 § 24-138; Ord. No. 94-2152 § 2, 6-27-1994; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
General Excavation Fill Requirements. Upon completion of any City street or alley cut excavation repair, the excavation site or street/alley cut shall be inspected. No backfill material shall be introduced without the presence of the Building Inspector or a designated City employee. The utility company may bed any utility lines as per utility company standards, including but not limited to the use of sand or pea gravel. The remaining area of the excavation site or street/alley cut shall be backfilled with three-fourths (3/4) clean rock and capped with a minimum of compacted eighteen (18) inches of crushed base rock material as approved by the Public Works Director, Building Inspector or a designated City employee. Backfilling should be done in such a manner as to match the existing grade of the street prior to excavation, leaving the surface of the street compacted firm, free from broken chunks or sections of street asphalt or concrete, mud, and to prevent the paved street or public place from becoming a sinkhole and to not cause further damage to the surrounding street surface. The permit holder would be required to maintain the crushed base rock to street level, from natural erosion, or public/private vehicle contact for a minimum period of two (2) weeks, allowing for natural settling to take place, or until the City’s Public Works Department completes the asphalt repair. Alleys that have not been paved will require the same fill regulations for all City streets, except for replacing the top six (6) inches of excavated area with like materials as the existing alley.
City Completes Certain Street Or Alley Repair. Following the approved backfill of all paved City street or paved alley excavation sites or street cuts by the Building Inspector or designated City employee, the City Public Works Department will complete restoration repairs of the excavation site street cut with asphalt mix to City street standards, at which time the utility company or permit holder is released from any maintenance issues of the excavation site.
Excavation Site Repairs Or Reentry. If any excavation site is found to be improperly made or maintained, the Building Inspector or designated City employee shall have the site redone properly and charge the costs thereof against the utility company or person to whom the City’s excavation street/alley cut permit was granted. When the excavation is made in a non-paved area, excluding a City alley, the original excavated material may be approved as backfill material by the Building Inspector or designated City employee.
Once the asphalt repair is made by the City’s Public Works Department, if the utility company must reenter the same excavation site for any reason, a new street cut permit will be required.
[R.O. 1993 § 540.090; CC 1988 § 24-139; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
The work of placing, compacting, and backfilling excavated areas shall be performed at the sole cost of the person making the excavation. If such person is not sufficiently qualified to perform the excavation work, the person making the excavation may hire an independent contractor to perform such work to make the necessary changes so as to conform with the City's specifications for excavation work. Charges and expenses to perform such work shall be paid by the applicant.
[R.O. 1993 § 540.120; Code 1972 § 32-26; CC 1988 § 24-142; Ord. No. 2011-2905 § 1, 5-24-2011]
The Planning and Zoning Director or designated inspector, or the Public Works Department shall inspect every excavation made under the provisions of this Chapter as often as he/she may deem necessary.
[R.O. 1993 § 540.140; Code 1972 § 32-27; CC 1988 § 24-144; Ord. No. 2011-2905 § 1, 5-24-2011]
In making excavations in streets, alleys or sidewalks for laying service pipes or making repairs, or for any other purpose, the earth, plank, brick, paving stones or other material removed shall be deposited in a manner that occasions the least inconvenience to the public and provides for the passage of water along the gutters.
If any spoils and fill material transported to and from the excavation site are spilled onto any public street, paved alley or other public place in the City, they shall be immediately cleaned up by the individual or company performing the excavation with the expense of the cleanup to be the sole responsibility of said individual or company.
[R.O. 1993 § 540.150; CC 1988 § 24-145; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2002-2514 § 1, 7-9-2002; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018]
Any person, firm or corporation who violates any provisions of this Chapter, or when repair work has not been completed within two (2) weeks, shall be subject to a fine as set forth in Section 100.220 of this Code per day until work is completed, unless special written permission from the Planning and Zoning Director or Public Works Director or designated agent thereof is granted.
[Ord. No. 2016-3056 § 1, 1-26-2016]
Sections 319.010 through 319.050, "Underground Facility Safety and Damage Prevention," also known as "The Missouri One Call Law," are hereby incorporated by reference into the Aurora Municipal Code of Ordinances. One (1) copy of the Underground Facility Safety and Damage Prevention Statute is on file in the office of the City Clerk and marked "Official Copy."