[1]
Cross Reference — Excavation bond required, §525.220.
[Code 1961 §7-1; CC 1976 §24-44]
A. 
No person, firm, corporation, institution, organization or utility shall begin any use of land or building within the City requiring an excavation unless and until a permit shall have been obtained, except as otherwise provided herein. An application in writing shall be submitted to the Director of Public Works of the City of Overland before any authorized permit shall be issued. In the event of an emergency, work may begin prior to the issuance of an approved permit either by securing verbal permission from the Department of Public Works upon condition that a written application shall be filed in said Department without delay, or if said emergency occurs during non-working hours, upon condition that the Department of Public Works be notified at the start of the next regular business day and that an application in writing be filed in said Department without delay.
B. 
It shall be unlawful for any person to excavate any part of the streets, roads, thoroughfares, sidewalks and/or any other public improvement without an approved excavation permit in accordance with the provisions of this Article.
A. 
The permit application shall designate the place, extent, purpose and duration of such excavation(s), and shall contain an agreement by the applicant to replace and/or repair any street, sidewalk, road, thoroughfare and/or other public property or improvement disturbed by said excavation.
B. 
A permit fee of fifty-four dollars ($54.00) per unit (or fraction thereof) shall be charged per authorized permit. A unit shall be considered to be three hundred (300) lineal feet, one (1) driveway and/or any one (1) open excavation.
C. 
A minimum one million dollar ($1,000,000.00) policy of liability insurance, payable to the City of Overland, shall be provided by all applicants for excavation permits to assure protection of public health and safety.
D. 
A minimum of one thousand dollar ($1,000.00) bond or cash escrow or other amount as established by the Director of Public Works shall be required to be established with the City of Overland by all applicants for excavation permits to assure the full and complete restoration of the previously existing public area in a workmanlike and professional manner. This sum, in whole or in part, may be used at the discretion of the Director of Public Works in the event any excavation permit holder fails to restore the public area in which the excavation occurred fully, completely and in a workmanlike and professional manner. All work done within the area of a paved public street or alleyway shall be maintained in a satisfactory condition for a period of one (1) year. An administrative charge of twenty-five dollars ($25.00) shall be made to cover the costs of extra inspections and/or notification(s) in the event the excavator must be recalled to repair dangerous or improperly completed restoration and resurfacing.
[Code 1961 §7-3; CC 1976 §24-46]
The Director of Public Works of the City is hereby authorized and directed to receive all applications presented in accordance with Section 525.220 hereof, and to receive the permit fees provided for in said Section. Said Director of Public Works is directed to examine all such applications, see that the same are made in compliance with this Article for a reasonable purpose, and accompanied by a satisfactory assurance as to replacement. The Director of Public Works is hereby authorized to approve such application, if satisfied that all conditions have been complied with and the City's streets protected, in which event he/she shall issue such permit.
[Code 1961 §7-3; CC 1976 §24-47]
The Director of Public Works shall require the applicant referred to in Section 525.230 to protect the public against any unsafe condition that may arise by reason of an excavation, by such means as he/she may consider reasonable and proper under the circumstances. No such excavation shall be permitted to remain open unnecessarily.
[Code 1961 §7-4; CC 1976 §24-48]
Every plumber securing any plumbing permit or permit under this Article shall be legally responsible for a period of ninety (90) days after he/she shall have made an excavation in or upon the public streets or alleys of the City for any injury or damage which may accrue therefrom and shall agree by applying for and accepting such permit to save the City harmless in the event any injury or damage is done or incurred within the aforesaid ninety (90) day period. All plumbing permits shall hereafter contain the above provisions and further no plumbing permit shall be issued unless said plumber agrees to and accepts the aforesaid conditions.
[Code 1961 §7-5; CC 1976 §24-49]
After any excavation shall have been made and replaced in accordance with the provisions of this Article, it shall be the duty of the Director of Public Works to inspect the same, and if, upon such inspection it be found that the street, road or thoroughfare, including sidewalk, has been replaced in as good condition as it was immediately prior to the excavation, and if all refuse incident thereto shall have been removed, the Director of Public Works shall so report to the applicant and the applicant shall thereby stand acquitted from any liability to the City in connection therewith.
[Code 1961 §7-6; CC 1976 §24-50; Ord. No. 2326 §1, 3-23-1987; Ord. No. 2019-03, 1-14-2019]
The person making an excavation shall abide by the following conditions:
A. 
The initial cut in a street pavement shall be equal to the width of the trench with the option of being jackhammered or saw cut. The final cut in an asphaltic concrete street pavement shall be one (1) foot wider than the trench width and shall be made only by saw cutting of the pavement.
B. 
For cuts in concrete paved streets, concrete pavement replacement shall be full slab length (joint-to-joint) and full slab width (curb or gutter to street center line) unless specifically authorized otherwise by the Director of Public Works.
C. 
Refill excavation with suitable unfrozen materials free from trash, rubbish, vegetative and deleterious material, and/or rocks over three (3) inches in maximum dimension, in layers not exceeding eight (8) inches in depth, and each layer shall be compacted thoroughly.
D. 
Compaction shall meet or exceed the most current version of the standards and conditions of the City and the ASTM International (American Society for Testing and Materials). If inspections were not requested or a valid excavation permit obtained, the City may require compaction testing by a registered professional engineer licensed in the State of Missouri at the ROW user's (as that term is defined in Chapter 655) expense.
[Ord. No. 2019-03, 1-14-2019]
A. 
Excavation Details; Manner Of Work Generally.
1. 
Open Excavations; Street-Plate Bridging. The ROW user shall not permit an excavation to remain open or facilities maintenance actions, as defined by Section 655.010, to continue in the rights-of-way longer than is necessary to complete the repair, installation, or action, and in no event may an excavation remain open or continue beyond the expiration of the excavation permit or any approved extension. Unless otherwise approved by the Director in writing, all excavations shall be filled in or covered at the end of each working day. Street-plate bridging ("SPB") to cover open excavations shall be authorized subject to requirements contained in the standard specifications.
2. 
Interference Control. The ROW user excavating in the rights-of-way shall cause the excavation to be done with the least possible injury to the pavement, sidewalk, curbing, parkway, or other surface and shall place the materials from the excavation where they will cause the least possible inconvenience to the public and permit the uninterrupted passage of water along the gutters. The width of the excavation shall be no greater than is necessary for doing the work.
3. 
Erosion Control. Before new excavation or construction is commenced and until sodding, planting, concreting, paving, or other final surfacing is in place, which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets, and the rights-of-way, the ROW user shall erect and maintain approved temporary erosion control measures to prevent such washing or spreading of materials. At the end of each day and as required throughout the day during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters, streets, and the rights-of-way resulting from work must be removed.
4. 
Cleaning Up; Removing Mud From Vehicles. The person doing the excavating or other ROW work under the requirements of this Chapter shall immediately, after the work is completed and the refill is made, clean up and haul away all surplus earth, rock, debris, or other rubbish. The ROW user shall remove dirt from the wheels of all vehicles leaving any site where mud has accumulated on the wheels before such vehicles enter any public street of the City. It shall be unlawful for any ROW user to permit any vehicles to leave such place with mud on the wheels which is liable to be dispersed over any public street of the City, and it shall be unlawful for any driver of a vehicle to enter upon the public streets of the City without having removed or had mud removed from the wheels prior to such entry. Each occurrence shall be a separate offense. The ROW user shall be responsible for damages to the City, or its contractors, resulting from such failure and shall indemnify the City and its contractors as provided herein and pay the costs for remedying such failure.
5. 
Spilling Materials Onto Rights-Of-Way. The ROW user shall load materials on any vehicle so no portion thereof shall be spilled or be liable to be spilled on the streets of the City. It shall be unlawful for any ROW user to permit any vehicle to enter upon the streets of the City loaded in violation of this provision, and it shall be unlawful for any person to operate a vehicle on the streets of the City which is loaded in such manner that it spills or is liable to spill mud, dirt, or other materials on the streets.
6. 
Barricades And Safety Devices. The ROW user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing, and/or lights as required from the time of opening of the ROW until the excavation is surfaced and opened for travel. All excavations and facilities maintenance that disturb traffic or pedestrian travel shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations, facilities maintenance, and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such excavations, facilities maintenance, and barricades.
7. 
Traffic Control. Whenever there is an excavation or facilities maintenance by the ROW user, the ROW user shall be responsible for providing adequate traffic control to the surrounding area as determined by the Director. All traffic control devices shall be in compliance with the current version of the standard specifications and the Manual of Traffic Control Devices (MUTCD), unless otherwise agreed to by the City. All surplus excavation materials, tools, or supplies at the site of the excavation or facilities maintenance shall be barricaded and lighted at night in the manner described in this Section. In the event the excavation or facilities maintenance is not completed in a reasonable period of time, the ROW user may be liable for actual damages to the City for delay caused by the ROW user pursuant to this Chapter.
8. 
Hours Of Activity. Non-emergency excavations or facilities maintenance affecting traffic on arterial and collector streets may not be performed during the hours of 7:00 A.M. to 8:30 A.M. and 4:00 P.M. to 6:00 P.M., in order to minimize disruption of traffic flow. The ROW user shall perform excavations or facilities maintenance on the rights-of-way at such times that will allow the least interference with the normal flow of traffic and the peace and quiet of the neighborhood, and shall not work between the hours of 11:00 P.M. and 6:00 A.M.
9. 
Repairs When Defective. All violations of the standards and requirements herein shall be corrected within the time specified in the issuance of a written notice to correct. Action to correct violations which require immediate action shall be taken upon notification to the person by the City. Every person failing to comply with the oral or written notice shall be deemed in violation of this Chapter. If the action is not taken within the time period specified by notice and in addition to any other remedy, the Director may have the violation, including, but not limited to, the existence of mud or debris on the rights-of-way, immediately remedied, and the City's costs shall be reimbursed by the ROW user through the surety or otherwise. Nothing in this Subsection shall prevent prosecution of violation of this Chapter in the absence or in addition to the issuance of notice of violation.
10. 
Inspection And Acceptance Of Excavations After Backfilling And Settlement. When an excavation has been made in the ROW, and after the same has been properly backfilled, the person making the excavation shall notify the Director that the same is ready for final repair. The Director or his duly authorized agent shall inspect the same. The judgment of the Director or his authorized agent as to when an excavation has been properly backfilled to permit final repair shall be conclusive.
11. 
Final Repair Of Excavations; Specifications; City Restoration. After inspection and acceptance of excavation by the Director, the person shall be responsible for restoration of the affected rights-of-way, including pavement and its foundation, pursuant to and in accordance with the standard and conditions of the City, to be completed prior to expiration of the excavation permit. If the excavation is not properly completed and restored by the expiration of the excavation permit, the City may, in addition to all other remedies, perform the restoration and completion and obtain reimbursement for such costs from the ROW user or surety, provided that if the City provides an invoice to the ROW user for such restoration, such invoice shall be paid in not more than thirty (30) days of such invoice.
12. 
Notice Of Completion. The ROW user shall notify the Director upon completion of the excavation or facilities maintenance authorized by the permit.
13. 
Guarantee Of Work. Every person to whom an excavation permit has been granted or otherwise performed excavations, shall guarantee for a period of four (4) years the restoration of the rights-of-way in the area where such person conducted an excavation and performed the restoration. Such person shall guarantee and pay for the restoration of the rights-of-way against sagging, buckling, deterioration, and other premature failures of the restoration. During said guarantee period, the ROW user shall, upon notification from the Director, correct all restoration, excavation, or work to the extent necessary, using any method as required by the Director. Said excavation or work shall be completed within a reasonable time, not to exceed thirty (30) calendar days of the receipt of notice from the Director (not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable). In the event the ROW user is required to perform new restoration pursuant to the foregoing guarantee, the Director shall have the authority to extend the guarantee period for such new restoration for up to an additional forty-eight (48) months, or other greater period allowed by law, from the date of the new restoration, if the Director determines there was action by the ROW user not to comply with the conditions of the excavation permit and any restoration requirements. The guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface.
B. 
Liability Insurance; Exceptions. Except as provided in this Section, each ROW user, as defined in Section 655.010, shall provide, at its sole expense, and maintain during the term of any ROW use agreement or franchise or anytime the ROW user has facilities in the ROW, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the ROW user, the City, and the City's officials, officers, employees, and agents from claims which may arise from such use of the ROW, whether such operations are by the ROW user, its officers, directors, employees, and agents, or any contractors or subcontractors of the ROW user. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all ROW user operations, products, services, or use of automobiles or construction equipment. The amount of insurance for single-limit coverage applying to bodily and personal injury and property damage shall be in no event less than the individual and combined sovereign immunity limits established by § 537.610, RSMo., for political subdivisions; provided that nothing herein shall be deemed to waive the City's sovereign immunity. An endorsement shall be provided which states that the City is an additional insured with full and equivalent coverage as the insured under the insured's policy and stating that the policy shall not be canceled or materially modified so as to be out of compliance with the requirements of this Section, or not renewed without thirty (30) days' advance written notice of such event being given to the Director. If the person is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts. The City's additional insured coverage shall have no deductible. The insurance requirements in this Section or otherwise shall not apply to a ROW user to the extent and for such period as the ROW user is exempted from such requirements pursuant to § 67.1830(6)(a), RSMo., and has on file with the City Clerk an affidavit certifying that the ROW user has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted unless otherwise provided by a ROW use agreement or franchise. Additionally, in accordance with § 67.5121(3), RSMo., a self-insured ROW user shall not be required to obtain insurance naming the City as additional insured solely to the extent such ROW user is utilizing "small wireless facilities" as defined in the Uniform Small Wireless Facility Deployment Act in the ROW. This exception to the City's insurance requirements shall only apply as related to small wireless facilities and shall not otherwise alter the obligations of a ROW user to provide appropriate insurance to the City for any other activities or operations. The City reserves the right to waive any and all requirements under this Section when deemed to be in the public interest.
C. 
Performance And Maintenance Bonds.
1. 
Bond Required. Prior to any work, a ROW user shall establish in the City's favor a performance and maintenance bond in an amount to be determined by the Director to guarantee the restoration of the rights-of-way as more fully provided in Section 525.280(A)(13). The bond shall continue in full force and effect for a period of forty-eight (48) months following completion of the work. The Director may waive this requirement when the work involves, as determined in the sole discretion of the Director, no or only minor disruption or damage to the rights-of-way. The City may waive any and all requirements under this Subsection when deemed to be lawful and in the public interest.
2. 
Failure To Satisfactorily Complete Restoration. If a ROW user fails to complete the work in a safe, timely, and competent manner or if the completed restorative work fails without remediation within the time period for the bond (as determined by the Director), then after notice and a reasonable opportunity to cure, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the ROW user and the cost of completing work in or restoring the rights-of-way, up to the full amount of the bond. The City may also recover against the bond any amount recoverable against a security fund or letter of credit where such amount exceeds that available under a security fund or letter of credit.
3. 
Bond Terms. The bond shall be issued by a surety with an "A" or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City's Attorney and shall contain the following endorsement: "This bond may not be canceled or allowed to lapse until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."
4. 
Exception. In lieu of the bond required herein, the ROW user may establish in the City's favor such other security as the Director may determine to be commensurate with the noted bonding requirements, including, but not limited to, an annual bond to be maintained in the minimum amount of twenty-five thousand dollars ($25,000.00). The bond requirements in this Section or otherwise shall not apply to a ROW user to the extent and for such period as the ROW user is exempted from such requirements pursuant to § 67.1830(6)(a), RSMo., and has on file with the City Clerk an affidavit certifying that the ROW user has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted, unless otherwise provided by a ROW use agreement, franchise, or the City determines such exemption has not been adequately shown. Additionally, in accordance with § 67.5121(4), the bonds required for "small wireless facilities" as defined in the Uniform Small Wireless Facility Deployment Act shall not exceed one thousand five hundred dollars ($1,500.00) per small wireless facility or more than seventy-five thousand dollars ($75,000.00) for all small wireless facilities within the ROW of a ROW user. This exception to the City's bonding requirements shall only apply as related to such small wireless facilities and shall not otherwise alter the obligations of a ROW user to provide appropriate bonds to the City for any other activities or operations.
D. 
Copy Required. A copy of the insurance policy(ies), endorsement, and documentation demonstrating compliance with the insurance requirements herein and the performance and maintenance bond requirements herein must be on file with the City Clerk.
[1]
Editor's Note — As part of the editorial/legal review and conference of September, 2001, former §525.280 was deleted. Former §525.280 derived from Code 1961 §7-7; CC 1976 §24-51.
[1]
Editor’s Note: Former § 525.290, Additional Deposits, added and/or amended by Code 1961 § 7-7; CC 1976 § 24-52, was repealed 1-14-2019 by Ord. No. 2019-03.
[Code 1961 §7-6; CC 1976 §24-54]
No tunneling shall be permitted except with the written permission of the Director of Public Works.