City of Poplar Bluff, MO ARTICLE III Excavations

Section 510.540 Permit Required.

[R.O. 2007 §32-96; Ord. No. 6512 §1, 7-15-2002]

No person shall dig into, construct, repair, use, alter or in any way disturb any public alley, parkway, street, highway or sidewalk without first obtaining a permit to do so from the Street Superintendent.

Section 510.550 Application for Permit.

[R.O. 2007 §32-97; Ord. No. 6512 §1, 7-15-2002]

Any person desiring a permit required by this Article shall make application therefor to the Street Superintendent on forms provided by the City for such purpose.

Section 510.560 Fees.

[R.O. 2007 §32-98; Ord. No. 6512 §1, 7-15-2002; Ord. No. 19-26, 5-6-2019]

A. The Street Superintendent shall receive the following fees for issuing the permit required by this Article, to wit:

1. For excavation in sidewalks or perpendicular to any street, alley or highway in which the excavation is made:

a. For sidewalks, the sum of twenty dollars ($20.00).

b. For gravel surface, the sum of twenty-five dollars ($25.00).

c. For blacktopped surface, the sum of thirty-five dollars ($35.00).

d. For concrete surface, the sum of thirty-five dollars ($35.00).

2. For curb cuts that are parallel to the alley, street, highway or sidewalk, or parkways in which the excavation is made, the sum of fifteen dollars ($15.00).

3. For driveway installation of CMP pipe, the sum of fifteen dollars ($15.00).

4. In no event shall any agency or department of the City be charged a fee for a permit.

Section 510.570 Bond Required.

[R.O. 2007 §32-99; Ord. No. 6512 §1, 7-15-2002]

A. The Street Superintendent shall not issue the permit required by this Article unless the applicant therefor has first executed unto the City and deposited with the Street Superintendent a bond with a corporate surety in the sum of three thousand dollars ($3,000.00), conditioned that said applicant will perform faithfully all work with due care and skill and in accordance with the provisions of this Code, ordinances and regulations of the City.

B. In lieu of the required surety bond, an applicant may deposit with the Street Superintendent a certified check drawn on some good and solvent bank in the amount of three thousand dollars ($3,000.00) and payable to the City. Said check shall be kept by the Street Superintendent to insure that applicant will perform faithfully all work with due care and skill and in accordance with the provisions of this Code, ordinances and regulations of the City. In the event that applicant fails to perform all work with due care and skill or in the event that applicant violates the provisions of this Code, regulations and ordinances of the City, said check shall be forfeited to the City and cashed by the City Clerk and the proceeds of said check shall be used to pay for any damage occasioned by said failure.

Section 510.580 Liability Insurance Required.

[R.O. 2007 §32-100; Ord. No. 6512 §1, 7-15-2002]

A. The Street Superintendent shall not issue the permit required by this Article unless the applicant shall deposit a policy of liability insurance which shall be in full force and effect. Said policy shall provide for the payment of all claims of every kind and nature which applicant shall become legally obligated to pay by reason of the unskillfulness or negligence on the part of the applicant or his/her employees in performing the work for which the said permit was obtained. Said policy of insurance shall be in the following amounts:

1. For bodily injury liability for each person, fifty thousand dollars ($50,000.00),

2. For bodily injury liability for each occurrence, one hundred thousand dollars ($100,000.00), and

3. For property damage liability for each occurrence, one hundred thousand dollars ($100,000.00).

Section 510.590 Excavation in Concrete and Asphalt Streets.

[R.O. 2007 §32-101; Ord. No. 6512 §1, 7-15-2002]

A. When using any mechanical device having steel pads or tracks for excavations on asphalt or concrete streets, said pads or tracks shall be covered with suitable material so as to not mar the asphalt or concrete surface of the street.

1. Excavations in concrete streets or sidewalks. All cuts in concrete shall be a minimum of four (4) feet wide and shall be made with approved cutting tools so as to have a straight edge on the adjoining pavement.

All excavations in concrete shall have not less than six (6) inches of undisturbed soil on either side of the trench between trench and edge of adjoining concrete.

2. Excavations in asphalt streets. All cuts in asphalt streets shall be made by proper cutting tools so as to not crack or disturb asphalt beyond width of trench.

Section 510.600 Restoration of Excavations.

[R.O. 2007 §32-102; Ord. No. 6512 §1, 7-15-2002]

A. Excavations in public parkways shall be filled with dry dirt from bottom to top and tamped in layers not to exceed six (6) inches in depth. The holder of the permit shall restore the parkway to the same condition as existed before the excavation.

B. Excavations in concrete streets or sidewalks shall be filled with crushed stone no larger than one (1) inch with all fines left in it from bottom to within six (6) inches of the top of the existing concrete. The remaining six (6) inches shall be filled with Portland cement mix as may be prescribed by the Street Superintendent. The holder of the permit shall replace said concrete to the same level as the adjoining concrete and where the new joins the old concrete that a firm bond is obtained. The top finish of the new concrete shall be the same as the old concrete it joins.

C. Excavations in asphalt streets or alleys shall be filled with crushed stone no larger than one (1) inch with all fines left in it from the bottom to within six (6) inches of the top. The remaining six (6) inches of the excavation shall be filled and tamped with hot mix asphalt. The new asphalt shall be well compacted and where the new asphalt joins the old asphalt, a firm bond shall be obtained and the level of the new asphalt surface shall be the same as the old asphalt surface it joins.

D. Excavations in gravel streets or alleys shall be filled with crushed stone no larger than one (1) inch with all fines left in it and tamped in layers not to exceed six (6) inches in depth.

Section 510.610 Protection of Public.

[R.O. 2007 §32-103; Ord. No. 6512 §1, 7-15-2002]

Whoever shall in this City dig, make or cause to be dug any excavation in any street, avenue, alley or other public place or in any place immediately adjoining the same and shall fail or neglect to place or cause to be placed around and along such excavation such barriers as shall be sufficient to prevent persons, animals or vehicles from falling into such excavation or shall fail or neglect to keep or cause to be kept a flashing light burning during the night or other warning device approved for use after dark at each end of such excavation shall be deemed guilty of an ordinance violation.

Section 510.620 Permit Restrictions.

[R.O. 2007 §32-104; Ord. No. 6512 §1, 7-15-2002]

A. Where the excavation extends across the entire street, the street may not be closed to traffic without permission of the Street Superintendent and then not for more that four (4) hours. The permit holder shall notify the Fire Department, Police Department and ambulance services of the time the street will be closed and opened.

B. All excavations in gravel and asphalt streets, including parkways, shall be completed within five (5) days after date of issuance. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixth (6th) day and continuing until completion unless an extension of time is granted by the Street Superintendent upon request of permit holder prior to expiration date.

C. All excavations in concrete streets and sidewalks shall be completed within fifteen (15) days after issuance of permit. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixteenth (16th) day and continuing until completion unless an extension of time is granted by the Street Superintendent upon request of permit holder prior to expiration date.

The permit holder shall keep barricades around the concrete excavation area for five (5) days after replacement to give sufficient time for curing of new concrete. Where excavation extends across an entire street, the permit holder shall replace the concrete on one-half (½) of the street at a time.

D. In the event the permit holder shall fail to complete an excavation as set forth in Subsections (B) or (C) of this Section, the City shall take measures to repair the excavation. Upon such completion by the City, the surety bond or check shall be forfeited to the City. Any remaining cost for repairs shall be assessed against the permit holder.

E. The permit holder shall be responsible for maintenance of any excavation made in streets, sidewalks and parkways for a period of six (6) months from date of issuance of permit. Upon notice by the Street Superintendent, the permit holder shall make any necessary repairs within eight (8) hours after notification.

Should the permit holder fail to make repairs within said time, the necessary repairs shall be made by the City and all costs shall be charged to the permit holder.