[R.O. 2004 §225.060; CC 1990 §225.060; Ord. No. 25 §7, 5-16-1957]
No person shall hereafter erect in this City any sign, building or any other obstruction over and upon any sidewalk, street, alley, thoroughfare or other public place in the City of Pevely, unless the same be at least eight (8) feet above the surface of said sidewalk, street, alley, thoroughfare or public place at its lowest point.
[R.O. 2004 §525.010; CC 1990 §525.010; Ord. No. 16 §§1 — 3, 3-16-1954]
All sidewalks, walkways and other permanent installations for the use of pedestrians shall be so built and constructed as to provide a twenty-four (24) inch space between them and any adjacent street or roadway. All sidewalks shall be constructed of concrete, brick or stone and so built as to provide a smooth, even and durable surface. Sidewalks so constructed shall be at least thirty (30) inches in width.
Before any person shall construct a sidewalk, walkway or other permanent installation for pedestrian use, he/she shall first present a plan or sketch of said walkway to the City Clerk and obtain a permit therefor from the Board of Aldermen. The permit shall be issued to all applicants where the plans meet the required specifications with regard to space between sidewalk and street required in Subsection (A) of this Section.
Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and any person found guilty thereof shall be fined not less than five dollars ($5.00) and costs nor more than one hundred dollars ($100.00) and costs.
[R.O. 2004 §525.030; CC 1990 §525.030; Ord. No. 450 §§1 — 5, 9-22-1982; Ord. No. 632 §1, 9-9-1987; Ord. No. 1156 §4, 11-19-2007]
Application. Any person or persons, firm, company or corporation desiring to construct such driveway or entryway shall submit to the City Administrator a detailed sketch with an explanation thereof.
Cost. A fee of thirty dollars ($30.00) shall be paid to the City of Pevely prior to issuance of the permit. Accompanying the application a security deposit of three hundred dollars ($300.00) for each residential and commercial driveway to insure and guarantee to the City the proper performance of the work to be performed and the satisfactory restoration of said street. Upon satisfactory completion of work, the applicant shall made a written request for full refund of the sum deposited. The applicant agrees that if all work has not been satisfactorily completed by the expiration date of the permit, the City may use the sum deposited to restore the street right-of-way and appurtenances to City standards. The applicant further agrees to be financially liable for any cost over and above the amount deposited which may be necessary to complete said restoration of City property.
Provisions Of Work.
Applicant is the owner or has legal right to the possession and control of the property adjacent to the right-of-way line.
If countersigned by applicant's contractor or that contractors authorized representative, the contractor will be held jointly responsible for all of the requirements of this permit until it is released by the City Administrator.
At all times while any work is under construction within the City's right-of-way, applicant will display applicable warning signs, barricades, lights and flares as described in the Manual on Uniform Traffic Control Devices and will provide flagmen satisfactory to the City Administrator.
All work will be performed expediently and in a workmanship like manner.
Applicant agrees to perform all work in accordance with this permit and to indemnify and hold harmless the City, its officers and employees from all liability judgments, costs, expenses and claims growing out of damages, or alleged damages, of any nature to any person or property arising out of performance or non-performance of said work or the existence of facilities and/or appurtenances thereof.
The vertical clearance of overhead installations must meet the requirements of the National Electric Safety Code, but in no case will be less than eighteen (18) feet.
Cable, wire, small diameter pipe and other such utility appurtenances extending from the surface of the ground shall be equipped with covers or guards to improve their visibility.
Roadway ditches, culverts and other such devices used to carry surface runoff will be kept open, free and clear at all times.
Top grade for all manholes will conform to any transverse or longitudinal slope and the top shall be even with the finished ground line.
Street plant materials, including trees and shrubs, will be protected by applicant. Such materials and turf which are disturbed will be restored as directed by the City Administrator; trees and shrubs will not be trimmed, cut, moved or sprayed without specific permission from the City Administrator.
All sidewalks shall be four (4) feet in width and a minimum of four (4) inches in depth.
All driveways shall be paved and such a width as to conform to the City's standard plans.
All curbs shall be six (6) inches barrier curb, constructed of either concrete or asphalt. Any variance from using barrier curb must be specifically approved by the City Administrator. All curb shall be backfilled with clean earth.
The location of any improvements shall be in accordance with the City standards or as approved by the City Administrator.
Driveway culverts shall be sized by the City Administrator and in no case shall the culvert size be less than twelve (12) inches in diameter. Culvert pipe shall be aluminized corrugated metal pipe, concrete pipe, H.D.P.E. pipe or approved equal.
All sidewalks, steps, driveway approaches, drainage facilities, erosion protection and/or highway appurtenances in general which are removed or damaged as a result of the work herein will be repaired or replaced to the satisfaction of the City Administrator. Applicants will be responsible for such repairs for one (1) year from the date the permit is released.
In case of damage to private property located on street right-of-way with the permission of the City, applicant will repair or replace such property to the satisfaction of the owner. In all cases, applicant will notify the owner of such damage immediately.
Construction material and equipment may be stored on the right-of-way only during the period of actual construction providing it is not on the roadway shoulders or in the ditch. Such stored material shall not interfere with drainage in any manner. Any materials and equipment so stored will remain as near the right-of-way line as possible and for as short a period of time as possible. If the applicant is performing work on or has a right to the property adjacent to the street right-of-way, all materials and equipment will be stored on that property.
The total cost of all construction, maintenance and removal of facilities and their appurtenances installed or placed under this permit shall be borne by the applicant, his/her grantees, successors, heirs and assigns.
The obtaining of this permit does not relieve the applicant of the responsibility for obtaining other permits required by this or any other agency having jurisdiction.
The City of Pevely will perform preventative maintenance on the new culvert pipe to insure proper stormwater drainage. The owner will be responsible for the replacement of the culvert pipe when deemed necessary upon the inspection of the City Administrator.
Inspection Of Work. The construction of said driveway shall be under the supervision of the Street Supervisor. At such time the work is completed with the City Standards, approval shall be granted in writing.
Penalty. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.
[R.O. 2004 §510.010; CC 1990 §510.010; Ord. No. 626 §1, 9-9-1987]
Except in case of public work done by authority of the Board of Aldermen, no person shall make or cause to be made any opening or excavation in any public street, alley, highway, sidewalk, tree lawn, parkway on a public easement, or public place or thoroughfare without written permit from Public Works Department. Any person violating the provision of this Section shall be deemed guilty of a misdemeanor.
[R.O. 2004 §510.020; CC 1990 §510.020; Ord. No. 626 §2, 9-9-1987; Ord. No. 773 §1, 9-7-1993; Ord. No. 1156 §2, 11-19-2007; Ord. No. 1267 §1, 9-19-2011]
Any person having occasion to make any such opening or excavation shall make written application for permit to the Building Department, who is hereby given authority to issue such permits. The application shall state the location and size of the proposed excavation and when the work is to commence. When the permit is issued, the following surety bond or security deposit must be posted within the City of Pevely, Missouri.
For asphalt streets, a permit fee of thirty dollars ($30.00) is required along with a one thousand dollar ($1,000.00) deposit for a full street cut and five hundred dollar ($500.00) deposit for a half street cut. Security deposit will be retained by the City Clerk.
For concrete streets, a permit fee of thirty dollars ($30.00) is required along with a payment of one thousand dollars ($1,000.00) for a full street cut and five hundred dollars ($500.00) for a half street cut, with the City using the funds to repave the street section at the completion of the project.
Upon satisfactory completion of work, the applicant shall make a written request for full refund of the sum deposited. The applicant agrees that if all work has not been satisfactorily completed by the expiration date of the permit, the City may use the sum deposited to restore the City property, all easements, right-of-ways and appurtenances to City standards. The applicant further agrees to be financially liable for any cost over and above the amount deposited which may be necessary to complete said restoration of City property.
If within ninety (90) days after the excavation the applicant restores the pavement in satisfactory form, such deposit shall be refunded to him/her, otherwise the City shall use the deposit for the purpose of employing others to restore the pavement and surface, and the applicant shall be liable to the City for any cost in excess of the amount of the deposit plus a penalty of twenty-five percent (25%) of the total cost of restoration. If the deposit is more than sufficient to restore the surface, the City shall retain out of the excess an amount equal to twenty-five percent (25%) of the cost of restoration and refund the balance, if any, to the applicant.
In the case of excavation in parkways, lawns on a public easement and other improved areas, the applicant shall, in addition to the permit fee, deposit with the City of Pevely fifty percent (50%) of the amount herein provided for similar sized paved areas.
[R.O. 2004 §510.030; CC 1990 §510.030; Ord. No. 626 §3, 9-9-1987]
The City Clerk is to keep a record of permits and pay over monies. The City Clerk shall keep a full and complete account in a book provided for that purpose, of all permits issued showing the date, party to whom issued, location, all deposits and monies received on account shall be credited to the General Revenue Fund.
[R.O. 2004 §510.040; CC 1990 §510.040; Ord. No. 626 §4, 9-9-1987]
The provisions of this Chapter requiring permit before any work is commenced shall not apply in emergencies where the public safety or welfare is endangered, but issued as soon as possible after the work is commenced.
[R.O. 2004 §510.050; CC 1990 §510.050; Ord. No. 626 §5, 9-9-1987; Ord. No. 1156 §2, 11-19-2007; Ord. No. 1267 §2, 9-19-2011]
Any person having occasion to make frequent openings for excavations may make and maintain a standing cash deposit of at least one thousand dollars ($1,000.00) for a full street cut and five hundred dollars ($500.00) for a half street cut, with the City of Pevely to secure the payment of all deposits and expenses in connection with permits issued and excavations and openings made by such person. In such case, permits shall be issued for work from time to time upon applications. The Public Works or Building Department shall inspect the work and other cases. In the event of the permit holder's failure to restore the surface within the time limit provided in Section 425.050, the City may employ others to restore the surface and charge the permit holder therewith the same penalty as provided in Section 425.050.
The cost of the permit and of any resurfacing charges incurred by the City may be deducted from the deposit. In no event shall the deposit be permitted to fall below one thousand dollars ($1,000.00) for a full street cut or five hundred dollars ($500.00) for a half street cut. The Public Works Department shall render a statement to the person making the deposit at the end of each calendar quarter in which charges are made against the fund, showing the nature of the charges and cost of work contracted for by the City and chargeable against the deposit.
[R.O. 2004 §510.060; CC 1990 §510.060; Ord. No. 626 §6, 9-9-1987; Ord. No. 1156 §2, 11-19-2007]
In case any person having such standing deposit shall permit the same to decline below the sum of one thousand dollars ($1,000.00) for a full street cut or five hundred dollars ($500.00) for a half street cut, and to so remain for a period of sixty (60) days, the Public Works Department shall notify such person thereof and shall not issue any future permit to such person without the payment of the proper fees therefor until such standing deposit is brought up to the minimums herein required.
[R.O. 2004 §510.070; CC 1990 §510.070; Ord. No. 626 §7, 9-9-1987]
It is the duty of the Police and member of the Department of Public Works to report any excavation or opening in or being made in any street, alley, highway, sidewalk, curb parkway, tree lawn on a public easement or public place and to ascertain whether the provisions of this Chapter have been complied with, and arrest shall be made of persons violating the provisions hereof and said work shall be stopped until compliance is made herewith.
[R.O. 2004 §510.080; CC 1990 §510.080; Ord. No. 626 §8, 9-9-1987]
No person shall make any opening or excavation with or without permit in any street, highway, alley, sidewalk, parkway, tree lawn on a public easement or public place in the City of Pevely without providing during the progress of the work and until said excavation has been backfilled and the surface restored barricades around the same as a warning to the public, and between sunset and sunrise lights or red lanterns around said excavation, lighted and sufficient in number and placed in such a manner to be clearly visible in all directions. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) as so stated in Section 100.220 for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.