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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.
[R.O. 1996 § 505.010; 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.
[R.O. 1996 § 505.011; 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.
Any excavation that extends from one (1) side of the street
to beyond the center line from which the excavation started.
Any excavation from the center line of the street in one
(1) direction to the limits of the right-of-way.
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.
Any land that has been deeded, leased, purchased or under
the jurisdiction of the City for use by the public.
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.
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.
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.
[R.O. 1996 § 505.020; 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.
[R.O. 1996 § 505.030; 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.
[R.O. 1996 § 505.031; 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.
[R.O. 1996 § 505.032; Ord. No. 2088, 5-24-2010]
A.
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 be set back from the property line a minimum of one (1)
foot.
B.
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:
1.
Obstruction to be created as a result
of the installation of a fence restricting the flow of water, especially
in designated drainage easements.
2.
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.
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The Engineering/Planning Division
of Public Works will provide guidance and current standard methods
for managing water discharges properly.
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[R.O. 1996 § 505.040; 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 an ordinance violation.
[R.O. 1996 § 505.050; 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.
[R.O. 1996 § 505.060; Code 1985,
§ 90.020; CC 1990 § 19-42; Ord.
No. 1195 § 5, 7-27-1998; Ord. No. 1957, 3-10-2008]
A.
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.
B.
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.
[R.O. 1996 § 505.070; 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 as set
forth in the comprehensive fee schedule which shall be retained by
the City as a processing and inspection fee.
[R.O. 1996 § 505.080; Code 1985,
§ 90.040; CC 1990 § 19-44; Ord.
No. 1957, 3-10-2008]
A.
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.
B.
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.
C.
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.
D.
Permittee shall 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:
1.
The violation of any material provision
of the right-of-way permit;
2.
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;
3.
Any material misrepresentation of
any fact in the permit application;
4.
The failure to maintain the required
bond or insurance;
5.
The failure to complete the work
in a timely manner;
6.
The failure to correct a condition
indicated on an order issued pursuant to this Section;
7.
Repeated traffic control violations;
or
8.
Failure to repair facilities damaged
in the right-of-way.
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If the City Engineer or designee
determines that the permittee has committed a substantial breach of
any law or condition placed on the right-of-way permit, the City Engineer
or designee shall make a written demand upon the permittee to remedy
such violation. The demand shall state that the continued violation
may be cause for revocation of the permit or legal action if applicable.
Further, a substantial breach, as stated above, will allow the City
Engineer or designee, at his discretion, to place additional or revised
conditions on the right-of-way permit, specifically related to the
manner in which the breach is cured by the permittee. Within five
(5) calendar days of receiving notification of the breach, permittee
shall contact the City Engineer or designee with a plan acceptable
to the City Engineer or designee for correction of the breach. The
permittee shall implement said acceptable plan within six (6) months
after acceptance from the City Engineer or designee. Permittee failure
to contact the City Engineer or designee, permittee failure to submit
an acceptable plan or permittee failure to reasonably implement the
approved plan shall be cause for immediate revocation of the right-of-way
permit. If a right-of-way permit is revoked, the permittee shall also
reimburse the City for the City's reasonable costs, including administrative
costs, restoration costs and the costs of collection and reasonable
attorneys' fees incurred in connection with such revocation.
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E.
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.
F.
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.
[R.O. 1996 § 505.090; 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.
