[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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
Provisions Of Work.
1.
Applicant is the owner or has legal right to the possession and control
of the property adjacent to the right-of-way line.
2.
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.
3.
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.
4.
All work will be performed expediently and in a workmanship like
manner.
5.
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.
6.
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.
7.
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.
8.
Roadway ditches, culverts and other such devices used to carry surface
runoff will be kept open, free and clear at all times.
9.
Top grade for all manholes will conform to any transverse or longitudinal
slope and the top shall be even with the finished ground line.
10.
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.
11.
All sidewalks shall be four (4) feet in width and a minimum of four
(4) inches in depth.
12.
All driveways shall be paved and such a width as to conform to the
City's standard plans.
13.
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.
14.
The location of any improvements shall be in accordance with the
City standards or as approved by the City Administrator.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
D.
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.
E.
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.
F.
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]
A.
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.
1.
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.
2.
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.
3.
(Reserved)
4.
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.
B.
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.
C.
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]
A.
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.
B.
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.
