City of Farmington, MO Excavations

No person shall make or cause to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever without a permit therefor being first obtained from the Building Inspector, which permit shall not be issued until the applicant has complied with the Sections of this Article requiring payment of a fee therefor.

Section 510.130 Application for Permits.

[CC 1984 §25-27; Ord. No. 5-88 §2, 6-16-1980]

All applications for a permit under the provisions of this Article shall be signed by the person, or his/her duly authorized agent, who desires to do the work designated in the application. No such application shall be assignable and no person shall allow his/her name to be used to obtain a permit for any other person.

The applicant for permit shall designate on the map, or diagram placed upon the back of 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 shall be plainly indicated. The map or diagram shall also show the dimensions and character of the proposed cut or excavation, as well as the method and character of the proposed repavement or resurfacing of the proposed cut or excavation.

Applications shall be submitted to the Building Inspector.

Section 510.140 Permit Fee.

[CC 1984 §25-28; Ord. No. 5-88 §3, 6-16-1980; Ord. No. 5-88A §1, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010; Ord. No. 15-13, 5-23-2022]

The permit fee is set as follows:

Fee	Amount
Excavation Permit Fee (Paved Street), plus;	$250.00
Degradation Fee	(Linear feet of the perimeter of the cut) x ($1.25) x (Number of years to next overlay as determined by the Public Works Director or his/her authorized designee)
Excavation Permit Fee (Sidewalk)	The sum of two hundred fifty dollars ($250.00), plus the market price for labor and materials plus one dollar ($1.00) per square foot of the estimated planned excavation greater than twenty-five (25) square feet, all non-refundable, shall be charged for each permit issued under the Article.

Exception: Emergency repairs of existing residential water or sewer lateral lines resulting in street cut. The sum of two hundred fifty dollars ($250.00), plus the market price for labor and materials plus one dollar ($1.00) per square foot of the estimated planned excavation greater than twenty-five (25) square feet, all non-refundable, shall be charged for each permit issued under the Article. If the actual area of repair is greater than what is estimated, the permit holder shall pay difference.

Any street cut that results in the degradation of twenty-five percent (25%) or more of a paved City street or alley along a block, as defined in Section 426.010, or of any two hundred fifty (250) foot reach of street in which the street cut was made, shall require the entire length of street along the block, or the entire reach to be replaced to the satisfaction of the Public Works Director, including, but not limited to milling and overlay, in its entirety, as soon as reasonably possible. The cost of said replacement shall be the responsibility of the permit holder.

Section 510.150 Time to Complete Work Under Permit.

[CC 1984 §25-30; Ord. No. 5-88 §5, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009]

Each cut or excavation for which a permit is granted under this Article shall be completed within fifteen (15) days from the date of issuance of the permit therefor and, in the event of default thereof, a new permit shall be required before the cut or excavation is made. An extension of time of fifteen (15) additional days, if requested, may be granted by the Building Inspector for good cause shown.

Section 510.160 Protective Measures.

[CC 1984 §25-31; Ord. No. 5-88 §6, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009]

Barriers, Lights Required. Any person who shall for any purpose make or cause to be made any excavation in, upon, under or adjoining any street, sidewalk, alley or other public place and who shall leave any part or portion thereof open or shall leave any part or portion thereof obstructed with rubbish, building or other materials during the daytime or nighttime shall cause the same to be enclosed with good, substantial and sufficient barriers. Post-mounted, flag tree-mounted or barricade- mounted temporary traffic signs shall be placed along the right pavement shoulder an adequate distance prior to the street excavation or obstruction to provide ample motorist warning of such street work. Temporary traffic control signs shall have a black legend and border with an orange, fluorescent red-orange or fluorescent yellow-orange background in accordance with the Federal Highway Association's latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Traffic control signs shall be consistent with the MUTCD sign codes W20-1, Road Work (with distance); W21-1, Workers; W21-1a, Workers (Symbol); W21-7, Utility Work Ahead, or as necessary for ample motorist acknowledgment of the pending street work activity. For excavations, street cuts or obstructions less than ten (10) feet in length, channelizing devices such as MUTCD standard traffic drums, tubular markers, vertical panels or reflective cones shall be securely and conspicuously placed in or near the street obstruction. For excavations, street cuts or obstructions greater than ten (10) feet in length, a MUTCD Type III barricades (forty-eight (48) inches wide minimum), with amber warning light, shall be securely placed for each ten (10) feet in length of street obstruction or portion thereof. Each light required shall be kept flashing or burning during the entire period from the time of the opening of the excavation or cut until the excavation has been properly resurfaced or repaved and opened for travel. The maintenance of these barricades or lights in and around excavations during the entire period is the sole responsibility of the person making the cut or excavation.

Work To Be Done With Dispatch. The making of any such cut or excavation, the placing or repairing of facilities therein, the refilling of the cut or excavation, and the repaving or resurfacing of any cut or excavation shall be done as expeditiously as possible consistent with good construction practices, and if the same is not so done, in the opinion of the Public Works Director, Street Superintendent or their designee, the Public Works Director, Street Superintendent or their designee shall have the right to perform or cause to be performed the remaining work necessary and to charge the cost of labor and materials thereof of the person to whom the permit was issued, with payment for any such cost to be made and enforced in the manner described in Section 510.190.

Section 510.170 Cuts, Excavations and Other Operations Interfering With Movement of Traffic. [1]

[CC 1984 §25-32; Ord. No. 5-88 §7, 6-16-1980; Ord. No. 5-88A §2, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]

Compliance With Permit Required. The person making a street cut or excavation shall perform it in the manner designated on the permit obtained for that purpose. When possible, street surface cuts shall be saw cuts, made at right angles, parallel and transverse with the street driving surface. When impractical to provide right angle street surface cuts, the street surface shall be saw cuts, made parallel, or as approved by the Public Works Director, the Street Superintendent or their designee.

Authority To Regulate Hours Of Work. The Public Works Director, Street Superintendent or their designee is empowered to require that any operation which seriously interferes with the movement of traffic on any street be conducted on a continuous basis or that the operation be discontinued in order that interference with the proper and safe movement of traffic may be eliminated at the earliest possible time.

Emergency Authority. Notwithstanding the provisions of this Section, in the event of an emergency caused by a telephone or power line break, sewer or water line break or gas line break affecting service or resulting in major failure of service, where it is essential for the protection of public property, health and safety, it shall be permissible to conduct excavation, open manholes, backfill, repair operations or paving in the roadway of any street in the City during any period of the day, provided that the work is performed continuously until the period of emergency has terminated, whereupon the other provisions of this Section shall again become effective. The City Administrator or his designee shall be the person responsible for declaring when any such emergency begins and ends. The Police Department shall be promptly notified of any emergency work performed herein on any City street.

[1]

Cross Reference — Traffic and motor vehicles, Title III.

Section 510.180 Resurfacing, Repaving and Refilling Excavation Regulations.

[CC 1984 §25-33; Ord. No. 5-88 §8, 6-16-1980; Ord. No. 5-88A §3, 5-15-1989; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]

Any person who causes to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever shall refill all cuts and excavations according to the following standards:

Refilling and resurfacing. Any City street cut on public right-of-way shall be straight, uniform and sides parallel. Cuts shall be neatly made with a saw and keeping the size of the opening to a minimum. Prior to surface restoration, the pavement shall be saw cut at right angles, parallel and transverse with the street driving surface, when possible, or as approved by the Public Works Director, the Street Superintendent or their designee. On concrete streets, asphalt streets or driveways, backfill shall consist of compacted granular material to the top of existing pavement. The person making a street cut or excavation shall immediately contact the Public Works Director, the Street Superintendent or their designee that the street cut or excavation has been restored as described above. The Public Works Director, the Street Superintendent or their designee shall then schedule completion of the repair work, to be performed by others.

Substandard, deteriorated streets — large areas — etc. Should the street be substandard or so deteriorated that a standard repair cannot be made, the Public Works Director, Street Superintendent or their designee or his/her designated representative shall prescribe the appropriate repair, materials and fees. Where cuts and excavation cover extremely large areas or are widely scattered throughout the City, the method of charges and time limits shall be negotiated by the Public Works Director, Street Superintendent or their designee or his/her designated representative.

Refilling — failure to perform. In the event of the failure of any person to refill any excavation as required, the Public Works Director, Street Superintendent or their designee shall have the right to make or cause to be made any and all refills and to require reimbursement of the cost thereof from the person making the excavation, with payment for any such cost.

Cleanup after refill. The person making any such refill shall be required to clean up and haul away all surplus earth, rock or rubbish within twenty-four (24) hours after the refill has been completed, and in the event of default thereof, the Public Works Director, Street Department or their designee shall have the right to remove or cause to be removed any such earth, rock or rubbish, to require reimbursement of the cost thereof from the person making the cut or excavation, with payment for the cost of labor and materials.

Notice of intent to refill to be given. Any person making a cut or excavation shall notify the Public Works Director, Street Superintendent or their designee of his/her intention to commence the refill of the cut or excavation at least four (4) hours prior to the actual commencing thereof.

Section 510.190 Failure to Complete, Failure to Adequately Perform Excavation — City to Complete Work and Charge Therefor.

[CC 1984 §25-34; Ord. No. 5-88 §9, 6-16-1980; Ord. No. 5-175 §1, 7-30-2009; Ord. No. 5-179 §1, 8-27-2010]

Character — Quality Of Work. Any person making a cut, opening or excavation in any public road, street, boulevard, alley or any other public place shall execute the work and operation in a complete and workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or roadway. The width of the cut or excavation shall be no greater than that necessary for doing the work. Any person making a cut, opening or excavation as aforesaid shall also refill and complete in a workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or roadway, and to place the street, sidewalk, alley or public place in as nearly same condition as immediately prior to the issuance of the permit provided for.

Permittee Or Person Failing To Perform To Be Liable For Payment. Any permittee or any other person who fails to comply with the provisions of this Article shall pay to the City the cost of labor and materials necessary to enable the City to complete the work in accordance with this Article. It shall be the duty of the Public Works Director, Street Superintendent or their designee to make charges for any work completed by the City by order of the Public Works Director, Street Superintendent or their designee for failure of the permittee or any other person to perform the work in a timely and workmanlike manner as set out in this Article. The Public Works Director, Street Superintendent or their designee shall make out a list of the cost of labor and materials necessarily expended or incurred by the City, which charges shall be made known to the person making any such cut or excavation within ten (10) days after the work is completed by the City. If any charge so made by the City remains unpaid after the tenth (10th) day of the following month, no further permits for any excavation shall be issued to any such person until the charge has been paid. Unless any such charges so made shall be paid within the time above mentioned, and no further permits shall be issued to any such person. Unless any such charges so made shall be paid within the time above mentioned, the City Attorney may be authorized to collect any such charges in the manner provided by law.

Section 510.200 Sidewalk Excavations by Property Owners.

[CC 1984 §25-35; Ord. No. 5-88 §10, 6-16-1980]

Whenever any property owner or any person representing him/her shall have stated in his/her application, or a permit to excavate through or under any sidewalk, that he/she desires to repair the sidewalk herself/herself, or by his/her representative, and that he/she will guard the excavation or defective sidewalk, until repairs are made, by barricades and lights, and that the sidewalks shall be repaired within forty-eight (48) hours after the excavation through or under the sidewalk has been completed, then the property owner or his/her representative shall have the right to repair the sidewalk, provided any such repairs be made under the supervision and inspection of the City Administrator or his/her delegate.

Section 510.210 Payment of Charges to Be Remitted to the City Clerk.

[CC 1984 §25-36; Ord. No. 5-88 §11, 6-16-1980]

All payments of charges provided for in this Article shall be remitted to the City Clerk to be placed to the credit of the General Fund.