[R.O. 1992 § 520.090; Ord. No.
2049-04 § 1, 12-7-2004]
Except as otherwise provided herein, this Article applies to
all grading and excavation plans and operations.
[R.O. 1992 § 520.100; Ord. No.
2049-04 § 1, 12-7-2004]
A.
Permit Required. A permit is required prior to grading or excavation
operations being conducted, such permit requirements to be as set
forth in this Article. Permits shall be issued in the name of the
landowner and shall be signed by the landowner or his/her representative.
B.
Call For Utility Marking Prior To Excavation. Prior to any excavation
being conducted in the City of Camdenton, such persons causing excavation
to be made and those persons making such excavation shall request
all applicable utility providers, including the City of Camdenton,
to mark the location of utilities in the area of the proposed excavation.
No excavation shall be started prior to such utilities being marked.
If the City of Camdenton is a member of a statewide notification center,
such as Missouri One Call System, Inc., requests for City marking
of utilities shall be made through such notification center.
C.
Other Permits May Be Required. The applicant for a permit hereunder
assumes the responsibility of obtaining any other necessary permits
or permission for excavation.
D.
Monuments And Markers. Monuments and markers set for the purpose
of locating or preserving property lines or subdivision lines or precise
survey reference points or a permanent survey bench mark shall not
be removed or disturbed or caused to be removed or disturbed unless
permission to do so is first obtained in writing from the Building
Inspector. Permission shall be granted only upon condition that the
permittee under this Article shall pay all expenses incident to the
proper replacement of the marker.
E.
Drainage. When excavation is conducted or other work done which may
interfere with established drainage systems, provision shall be made
to provide proper drainage to the satisfaction of the Public Works
Director and/or Building Inspector. No alteration of established drainage
shall be made prior to issuance of a permit as required herein.
F.
Barricades. No person shall make, or cause to be made, any excavation
without adequately protecting the same so as to prevent persons, animals
or vehicles from falling into the excavation.
G.
Debris On Streets. When any earth, gravel or other excavated or grated
material is caused to roll, flow or wash upon any street, the permittee
shall cause the same to be removed from the street within four (4)
hours after deposit. In the event such material is not removed, the
Public Works Director shall cause such removal and the cost incurred
shall be paid by the permittee or deducted from the bond amount set
out in this Chapter.
H.
Times Of Work. Work authorized by the permit shall be performed between
the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday, unless
the permittee obtains written consent from the Building Inspector
to do the work at an earlier or later hour. Such permission shall
be granted only in case of an emergency.
[R.O. 1992 § 520.110; Ord. No.
2049-04 § 1, 12-7-2004; Ord. No. 2397-11 § 1, 3-1-2011]
A.
Permit Required. No person shall make or cause to be made any excavation
with any mechanical dirt moving machine without first securing a permit
from the City for each separate undertaking.
B.
Exceptions To Permit Requirement. No permit shall be required in
the following circumstances:
1.
Nothing herein contained shall apply to excavations or openings
for utility poles.
2.
A permit shall not be required for grading for the foundation
of basement of any building, structure or swimming pool for which
a building permit has been duly issued or for grading of property
for or by any governmental agency in connection with the public improvement
or public works on said property.
3.
A permit shall not be required for grading in connection with
any subdivision when the plat plans have been approved in accordance
with the laws and regulations of the City; provided however, that
all information required by this Article shall be submitted to the
Building Inspector and all grading plans shall be approved prior to
the approval of the final plat of any subdivision.
4.
A permit shall not be required when adding materials and/or
spreading materials on an existing site when such materials are no
more than five (5) yards of material in any sixty-day period.
C.
Emergency Work. Permits prior to conducting excavation shall not
be required for maintaining pipes, lines or other underground facilities
in or under the surface in the event of emergency circumstances which
require the work to be done immediately if the permit cannot reasonably
and practically have been obtained beforehand. Permits for emergency
work shall be applied for on the first regular day on which the City
Hall is open for business.
D.
Permitted Work Only. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
or quantity greater than specified in the permit, except that upon
approval of the Building Inspector, additional work may be done under
the provisions of the permit in an amount not greater than ten percent
(10%) of that specified in the permit.
E.
Permit Fee. A fee of fifty dollars ($50.00) shall be submitted with
each application for an excavation permit as required in this Section.
F.
Commencement Of Work. Work for which a permit has been issued under
this Article shall commence within thirty (30) days after the issuance
of the permit and if not so commenced, such permit shall be deemed
terminated.
G.
Transfer. Permits issued under this Article are not transferable
and the work shall not be made in any place other than the location
specifically designated in the permit.
[R.O. 1992 § 520.120; Ord. No.
2049-04 § 1, 12-7-2004]
A.
Application Form. An application for the permit required by this
Article shall be filed with the Building Inspector accompanied by
the fee required herein. Applications shall be accompanied by duplicate
copies of an excavation and/or grading plan showing the work proposed
to be performed. Applications shall, in addition, present information
that all materials, labor and equipment which may be needed to complete
the proposed work are available. If requested, applicants shall furnish
a list of owners and tenants of all properties abutting the area where
the proposed work is to be performed.
B.
Hold Harmless Agreement. Every applicant for a permit required by
this Article shall agree to hold the City, its officers, employees
and agents harmless from any and all costs, damages and liabilities
which may accrue or be claimed to have accrued by reason of any work
performed under a permit issued hereunder. The acceptance of a permit
shall constitute such an agreement by the applicant.
[R.O. 1992 § 520.130; Ord. No.
2049-04 § 1, 12-7-2004]
A.
Insurance. No person shall be issued a permit under this Article
without first registering with the City proof that there is being
maintained and carried liability insurance covering personal injury
and property damage which may arise from or out of the performance
of the proposed work. Such insurance for personal injury shall be
an amount not less than three hundred thousand dollars ($300,000.00)
for each person and not less than one hundred thousand dollars ($100,000.00)
for each accident and for property damage shall be in an amount not
less than one hundred thousand dollars ($100,000.00) and not less
than one million dollars ($1,000,000.00) for all accidents.
B.
Performance Bond Or Deposit. Such certificate of insurance shall
also be accompanied by a cash deposit or certified performance bond
in the amount of five hundred dollars ($500.00) when excavation is
going to be made in any public right-of-way area. The return of such
bond shall be conditioned upon restoration of such areas as nearly
as possible to their original condition. The deposit may be a higher
amount as deemed necessary by the Public Works Director.
C.
Exemption. Proof of insurance and performance bond as required in
this Section shall not be required in the event the applicant has
at least twenty-five million dollars ($25,000,000.00) in net assets
and does not have a history of non-compliance with permits granted
by the City [said exemption being granted pursuant to Section 67.1830(6)(a),
RSMo.)].
[R.O. 1992 § 520.140; Ord. No.
2049-04 § 1, 12-7-2004]
A.
A permit required by this Article shall be issued and shall remain
in force only upon compliance with the following requirements:
1.
Adequate provision shall be made to prevent any surface water
from damaging the cut-face and excavation of the sloping surface of
a fill.
2.
All drainage provisions shall be of such design as to carry
surface water to the nearest practical storm drain or natural water
course as approved by the Building Inspector or Public Works Director
as a suitable place to deposit and receive such water.
3.
No excavation or grading shall be made so close to the property
line as to endanger any adjoining public or private street without
supporting and protecting such public or private street of property
from settling, cracking or other damage.
4.
No fill shall be made so as to cause or allow the same to be
deposited upon or to roll, flow or wash upon or over the premises
of another without the express written consent of the owner of such
premises so effected or upon or over any public street, walks, place
or way; nor so close to the top of a bank of a channel as to create
the possibility of bank failure and sliding.
5.
Limitation On The Use Of Various Kinds Of Materials. Frozen
material or soft, mucky, friable, easily compressible materials shall
not be incorporated in fills intended to support buildings, structures,
sewers or conduits or in the embanked ends of fills.
6.
Timber, logs, trees, brush, vegetable matter and rubbish of
any description shall be removed and disposed of so as to leave the
disturbed area with a neat and finished appearance.
7.
All slopes shall be brought to finished grade.
8.
All excavated areas and fill areas, including areas of piles
of dirt, shall be graded smooth to uniform slopes concurrent with
excavation and/or filling operations. The portion of the areas no
longer being excavated or filled shall be seeded and maintained.
[R.O. 1992 § 520.150; Ord. No.
2049-04 § 1, 12-7-2004]
Upon completion of all work under the provisions of the permit,
the permittee shall notify the Building Inspector. The Building Inspector
shall make a final inspection to determine whether the work has been
accomplished in conformity with the requirements of this Article.
[R.O. 1992 § 520.160; Ord. No.
2049-04 § 1, 12-7-2004]
A.
Any permit issued under this Article may be revoked by the Building
Inspector after notice to the permittee for the following grounds:
B.
The Building Inspector is authorized to revoke any grading permit
whenever he/she shall find the work covered by said permit has been
extended or altered without permission previously having been granted
to do so or whenever he/she shall find that any retaining walls, curbing,
drainage structures or other protective devices as shown on the approved
plans and specifications submitted with the application for the permit
have not been constructed as proposed and approved nor maintained
in good order and repair.
C.
Written notice of any of the above designated violations or conditions
shall be served upon the holder of the permit or his/her agent engaged
in the work. Such notice shall be given either by personal delivery
thereof to the person to be notified or by certified or registered
mail addressed to such person. When any permit has been revoked and
the work authorized by the permit has not been completed, the Building
Inspector is hereby authorized to take such steps as may be necessary
to restore the excavation or grading to as good condition as existed
before the opening or grading was commenced. All such expenses incurred
in such restoration shall be recovered from the bond required under
the terms of this Article.
[R.O. 1992 § 520.170; Ord. No.
2049-04 § 1, 12-7-2004; Ord. No. 2082-05 § 1, 9-6-2005]
A.
Permit Required. No person shall cut or otherwise damage the pavement
on City streets and roads or any City sidewalk for any purpose without
prior approval of the Public Works Director. The permit shall be the
same as required in this Chapter for excavation but shall be issued
by the Public Works Director.
B.
Criteria For Approval. The City shall not unreasonably withhold approval
and in making his/her determination in each individual case shall
take consideration of all relevant factors including, but not limited
to, the following:
1.
Width, length and depth of the proposed road cut;
2.
Age and condition of the pavement in the area to be cut;
3.
The ability to make the cut without endangering traffic;
4.
Projected time before the next overlayment;
5.
Length of time traffic would be closed or partially closed for
the cut and work to be completed.
C.
Requirements.
1.
Insurance And Performance Deposit. Insurance shall be required
as set forth in this Section. A refundable cash deposit shall be made
to assure adequate completion of the requirements of this Section.
The amount of such cash deposit shall be five hundred dollars ($500.00)
for street cuts estimated to be less than sixty (60) square feet in
area. For areas over sixty (60) square feet a cash deposit of five
hundred dollars ($500.00) shall be required plus six dollars ($6.00)
for each square foot over sixty (60) square feet in area. Proof of
insurance and cash deposit as required in this Section shall not be
required in the event the applicant has at least twenty-five million
dollars ($25,000,000.00) in net assets and does not have a history
of non-compliance with permits granted by the City [said exemption
being granted pursuant to Section 67.1830(6)(a), RSMo.].
2.
Maintenance. The applicant shall keep the street cut filled
to street level with gravel or other suitable material prior to its
permanent repair.
3.
Inspection. The applicant shall notify the Public Works Director
prior to the street cut being made for inspection of the marked area
to be cut and for inspection each time the street cut is temporarily
filled or refilled and for final inspection after repairs are made.
4.
Final Repair. Final repair shall be made within thirty (30)
calendar days unless extended by written permission of the Public
Works Director. Upon completion of final repair, the Public Works
Director shall be notified within fifteen (15) days to make a final
inspection. In the event the inspection is made and the repair has
been satisfactorily completed, the deposit required herein shall be
refunded.
5.
Deposit Forfeiture. In the event the final repair is not made
properly or completed within the time specified herein or should the
City be required to keep the street cut filled to adequate level,
the City may forfeit the cash deposit to the extent necessary.
D.
Exemption. This Section shall not be construed so as to prohibit
the under-street boring for the placement of said utilities.
