Cross References — Buildings and building regulations, ch. 500; fire prevention and protection, ch. 205; flood damage prevention and control, ch. 415; mobile homes and trailers, ch. 410; motor vehicles and traffic, ch. 300; parks and recreation, ch. 120; police, ch. 200; utilities, ch. 700; sewers and sewage disposal, §705.010 et seq.
[Code 1985, §90.060; CC 1990 §19-26; Ord. No. 1195 §2, 7-27-1998; Ord. No. 1957, 3-10-2008]
Any person making a cut or excavation or construction or refilling the same within any public right-of-way or utility easement or public place shall do so in a manner designated and required by the City Engineer and/or his/her designated representative who is hereby authorized to promulgate regulations and specifications for the making of excavation or construction or refilling the same within public rights-of-way and utility easements and to provide for the safety and convenience of the public.
[Ord. No. 1195 §8, 7-27-1998; Ord. No. 1957, 3-10-2008; Ord. No. 2457, 2-11-2019]
As used in this Article, the following terms shall have the following meanings unless otherwise stated or reasonably required by the context, and other forms of any defined word shall have a parallel meaning:
- To construct, install, erect, build, affix or otherwise place any fixed structure, towers and related tower structures, wireless communications equipment, material or object in, on, under, through or above any public right-of-way, utility easement or public place.
- Any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth of any public right-of-way, utility easement and/or public place.
- FULL STREET CUT PERMIT
- Any excavation that extends from one (1) side of the street to beyond the center line from which the excavation started.
- HALF STREET CUT PERMIT
- Any excavation from the center line of the street in one (1) direction to the limits of the right-of-way.
- PAVED SURFACE
- Portland cement concrete pavement, asphalt concrete surfacing, double asphalt surface treatment, roads with base of AB-3, surface asphalt treatment roads of soil base, or any bituminous surface of any base in the public right-of-way.
- PUBLIC PLACE
- Any land that has been deeded, leased, purchased or under the jurisdiction of the City for use by the public.
- PUBLIC RIGHT-OF-WAY
- Street, highway, road, alley, right-of-way and other land dedicated to or otherwise subject to public use, whether improved by paving, curbing, guttering or otherwise improved or not.
- RIGHT-OF-WAY USER
- A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility services and who has a right under law, franchise or ordinance to use the public right-of-way.
- UTILITY EASEMENT
- Any land that been designated by a plat registered with the County Recorder's office or land otherwise subject to public use for the purpose of placing public utilities in, on or above the ground.
[Code 1985, §90.070; CC 1990 §19-27; Ord. No. 1195 §3, 7-27-1998]
Any person making any cut or excavation or construction in any public right-of-way or any utility easement or public place shall, in addition to the provisions contained herein, resurface such excavation or cut site or construction so that the site of such cut or excavation or construction shall be the same as the surrounding area of such public right-of-way or utility easement or public place.
[Code 1985, §90.080; CC 1990 §19-28; Ord. No. 1195 §4, 7-27-1998; Ord. No. 1957, 3-10-2008]
Every person who shall in any manner render or cause to be dangerous any public right-of-way or utility easement by the making of an excavation or cut or construction shall, from sunset to sunrise, provide and properly place such barriers and lights around such dangerous area as will prevent persons, animals or vehicles from falling into said excavation and shall take such other precautions as may be reasonably required by the City Engineer and/or his/her designated representative. Whenever any person shall excavate a sidewalk, it shall be his/her duty to place a suitable footbridge over such excavation in the line of the sidewalk at least five (5) feet wide and securely anchored on each end, or in lieu thereof, to provide adequate protection for pedestrian traffic to go around such excavation.
[Ord. No. 1195 §9, 7-27-1998; Ord. No. 1957, 3-10-2008]
No person performing excavation work shall cause any street to be closed for any purpose for duration of more than two (2) hours without the giving notice to and receiving approval from the City Engineer or his/her designated representative.
[Ord. No. 2088, 5-24-2010]
All drainage facilities shall be designed and constructed to carry storm water to the nearest drainage way, conveyance structure or other approved point of collection and conveyance. Proper erosion control measures are required when drainage ways or swales are altered unless otherwise approved by the City Engineer or the Building Inspector. Abutting property lines between dwellings shall be designed to function as drainage ways to the right-of-way or the street. The toe (lowest point) of the slopes of the drainage way shall set back from the property line a minimum of one (1) foot.
To avoid compromising the integrity or reducing the life of the streets; or causing property damage or life, safety and health nuisances to adjacent property owners, no person shall allow or cause any of the following:
Obstruction to be created as a result of the installation of a fence restricting the flow of water, especially in designated drainage easements.
Water from intermittent sources such as discharges from sump pumps, downspouts, foundation drains or other similar sources (excluding lawn sprinklers) to be discharged closer than five (5) feet to any adjoining property line or closer than ten (10) feet from the back of curb. Sump pumps, downspouts or drain tile can be connected to available storm boxes with prior approval by the City Engineer. Any drainage from swimming pools must either be contained on the pool owner's property, connected to an existing storm box when available or flow directly to the sanitary sewer system with prior approval of the City Engineer.
[Code 1985, §90.090; CC 1990 §19-29]
Any person who shall violate, fail, neglect, or refuse to comply with any provision or requirement of this Chapter or of any regulation or requirement made pursuant to it shall be guilty of a misdemeanor.
[Code 1985, §90.010; CC 1990 §19-41]
No person shall make or cause to be made any cut or excavation in, through, or under any street, sidewalk, alley, easement, public place or right-of-way in the City for any purpose whatsoever without a permit therefor being first obtained from the City Clerk in accordance with the provisions of this Article. A separate permit shall be obtained for each cut or excavation to be made.
[Code 1985, §90.020; CC 1990 §19-42; Ord. No. 1195 §5, 7-27-1998; Ord. No. 1957, 3-10-2008]
An application for a permit under the provisions of this Article shall be signed by the person who desires to do the work designated in the application or by his/her duly authorized agent. Such application shall not be assignable and no person shall allow his/her name to be used in any permit for any other person. The applicant for the permit shall designate on a map or diagram placed upon or attached to the application the location of the proposed cut or excavation to be made in such a manner that the house number or lot number in front of which, and the side of the street upon which the same is to be made, is plainly indicated. The map or diagram shall also show dimensions and character of the proposed cut or excavation.
The application shall take such forms and required information as is deemed necessary by the City Engineer or his/her designated representative to ensure that the work is being done in an acceptable and approved manner and that said excavation of any public right-of-way, utility easement or public place will be restored in an acceptable condition.
[Code 1985, §90.030; CC 1990 §19-43; Ord. No. 1195 §6, 7-27-1998; Ord. No. 1880 §§1 — 3, 2-12-2007; Ord. No. 1957, 3-10-2008]
Before any permit referred to in this Article shall be issued for excavation in, through or under any public right-of-way or public place in the City of Grain Valley or any property under the jurisdiction of the City of Grain Valley, the applicant for such permit shall pay to the City Clerk the sum of thirty-five dollars ($35.00) for a half street cut permit and sixty dollars ($60.00) for a full street cut permit which shall be retained by the City as a processing and inspection fee.
[Code 1985, §90.040; CC 1990 §19-44; Ord. No. 1957, 3-10-2008]
If the City Engineer or designee determines that there is a potential for injury, damage or expense to the City as a result of damage to persons or property arising from an applicant's proposed use of any right-of-way, the applicant shall be required to make a cash deposit or provide a bond in a form acceptable to the City Engineer or designee for the activities described in the subject permit. The amount of the deposit or bond shall be determined by the City Engineer or designee and shall be based on one hundred percent (100%) of current market value of labor and materials associated with the proposed activities within the right-of-way application.
As determined by the City Engineer or his designee, the requirements for cash deposits or bonds are based on considerations of permittee prior performance, permittee ability to pay, nature of the proposed use, costs of the activity, length of use, public safety, potential damage to right-of-way and potential liability or expense to the City.
When there is a need to ensure conformance with the City's development standards, City or State construction standards or other requirements, the applicant shall be required to provide a guarantee of workmanship and materials for the period of one (1) year. Such guarantee may be in the form of a cash deposit or a maintenance bond in a form and amount approved by the City Engineer or designee.
Permittee hold right-of-way permits issued pursuant to this Section as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any right-of-way permit, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or the right-of-way permit. A substantial breach shall include, but not be limited to, the following:
The violation of any material provision of the right-of-way permit;
An evasion or attempt to evade any material provision of the right-of-way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
Any material misrepresentation of any fact in the permit application;
The failure to maintain the required bond or insurance;
The failure to complete the work in a timely manner;
The failure to correct a condition indicated on an order issued pursuant to this Section;
Repeated traffic control violations; or
Failure to repair facilities damaged in the right-of-way.
No maintenance or performance bond will be required of any government entity or residential property owner excavating or working in the right-of-way adjacent to his/her residence who does not utilize a contractor to perform the excavation or work.
As a condition to the issuance of any permit under this Chapter, the permittee shall agree to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all suits, claims or liabilities caused by or arising out of any use authorized by any such permit.
If all the requirements of this Article shall be fulfilled, and after inspection, such bond amount shall be fully returned to the applicant. If all such requirements are not completed in accordance with the requirements herein within ten (10) working days, the total amount of the bond shall be retained by the City as herein provided. If the City is to make a refund hereunder, the same may be deferred for a period of no longer than sixty (60) days to permit evaluation of lasting qualities of repair made by the applicant and whether any future or further repairs shall be required. If so, such future and further repairs and the bond shall be handled in the same manner as set forth above herein.
[Code 1985, §90.050; CC 1990 §19-45; Ord. No. 1195 §7, 7-27-1998; Ord. No. 1957, 3-10-2008]
Each cut, excavation or construction for which a permit is granted under this Article shall be for the duration of thirty (30) days from the date of the issuance of the permit. All work must be completed within the time limit of the permit. Should the cut, excavation or construction be required to remain for a longer period than the permit, the applicant will cause the City Engineer or his/her designated representative to be notified in written form as to the reason for extended duration.