[Ord. No. 1992 §1, 8-17-1998]
No person shall commence or continue with the construction or
installation of utility facilities, requiring excavation, within the
City except as provided in this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
The owner of the facilities to be constructed and, if different,
the current or prospective occupant are responsible for performance
of, and compliance with, all provisions of this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
Utility facilities shall be constructed, installed, operated
and maintained in accordance with all applicable Federal, State and
local Codes, rules and regulations.
[Ord. No. 1992 §1, 8-17-1998]
A.
Surety Bond Requirements. Before an excavation permit as
herein provided is issued, the applicant shall deposit with the enforcement
agency a surety bond in the amount of one thousand dollars ($1,000.00)
payable to the City, unless upon the recommendation to the Mayor and
Board of Aldermen, of the enforcement agency a lesser bond is approved
by action of the Board of Aldermen. In the event that the excavation
shall exceed one hundred (100) square feet or when permits applied
for exceed an area of one hundred (100) square feet, the bond requirement
shall be ten dollars ($10.00) per square foot.
B.
Deposit Prerequisite To Issuance In Lieu Of Surety Bond. Before issuance of any street opening permit by the enforcement
agency, the applicant must deposit with the enforcement agency a certified
check or cash in the amount of one hundred dollars ($100.00) for openings
up to ten (10) square feet, plus ten dollars ($10.00) per square foot
for each additional square foot of street opened. Any person intending
to make openings, cuts or excavations in streets may make and maintain
with the enforcement agency a general annual deposit or surety bond
in the sum of one thousand dollars ($1,000.00) and the person so depositing
shall not be required to make a special deposit provided in this Section,
but shall, however, be required to comply with all other provisions
of this Chapter. Any special or general deposit made hereunder shall
serve as security for the repair and performance of work necessary
to make the necessary repairs or to complete the proper refilling
of the openings in the excavation work under the excavation permit.
The total deposit shall be refunded by the City to the permittee upon
the expiration of such twenty-four (24) month period from the date
of the last permit and upon the final inspection and approval by an
official designated by the enforcement agency.
C.
Additional Deposits. After the aforesaid one thousand dollar
($1,000.00) deposit or surety bond is made, no applicant or grantee
shall be required to make any additional deposit for any permit, provided
that the deposit must be kept intact at all times and provided further,
that when the City is required to use any part of the cash deposit
for any purpose under this Chapter, no applicant shall be entitled
to further permits until such deposit is restored to one thousand
dollars ($1,000.00).
D.
Requirements Of Surety Bond. The surety bond shall guarantee
to the satisfaction of the City:
1.
Timely completion of construction;
2.
Construction in compliance with applicable plans, permits, technical
codes and standards;
3.
Proper location of the facilities as specified by the City;
4.
Restoration of the rights-of-way and other property affected by the
construction; and
5.
The submission of "as-built" drawings after completion of the work
as required by this Chapter.
[Ord. No. 1992 §1, 8-17-1998]
A.
Before
an excavation permit as herein provided is issued, the applicant shall
furnish to the City a certificate of insurance in a company approved
by the enforcement agency, evidencing that such applicant has a comprehensive
general liability and property damage policy that includes contractual
liability coverage with minimum limits of one hundred thousand dollars
($100,000.00) on account of injuries sustained in any one (1) accident;
and property damage insurance in an amount not less than one hundred
thousand dollars ($100,000.00) for each accident.
B.
Such
insurance policy shall contain provisions to indemnify, save harmless
and defend the City and its officers and employees against any claim
or loss, damage or expense sustained on account of damages to persons
or property occurring by reason of an excavation made by the permittee,
his subcontractor or agent.
C.
Such
insurance policy shall indemnify, save harmless and defend the City
from any and all liability for the City's own negligence occurring
by reason of said opening or excavation. This indemnification agreement
covering the City's liability for its own negligence shall not apply
to injuries or damages sustained while City employees are present
at the excavation pouring cement or asphalt therein.
D.
The
permittee assumes the sole responsibility for maintaining proper barricades
and/or lights as required from the time of the opening of the excavation
until the excavation is surfaced and opened for travel.
E.
For
any and all other liability incurred subsequent to the completion
of the operation and the excavation having been opened for travel,
the permittee indemnifies the City for work performed by the permittee
in the City, except liability arising out of the sole negligence of
the City.
F.
These
indemnifying agreements shall not cover accidents occurring after
a period of two (2) years from the date of the completion of the resurfacing.
[Ord. No. 1992 §1, 8-17-1998]
A.
Permit Required. No person shall construct or install any
utility facilities requiring excavation within the City without first
obtaining an excavation permit therefore, provided however:
B.
Permit Applications. Applications for permits to construct
utility facilities shall be submitted upon forms to be provided by
the City and shall be accompanied by drawings, plans and specifications
in sufficient detail to demonstrate:
1.
That the facilities will be constructed or installed in accordance
with all applicable codes, rules and regulations.
2.
The route of all facilities to be located on new or existing utility
poles within the rights-of-way.
3.
The route of all facilities to be located under the surface of the
ground, which are within the rights-of-way.
4.
The route of all utilities existing underground utilities, conduits,
ducts, pipes, mains and installations which are within the right-of-way
along the underground route proposed by the applicant for new utility
installations; or
The route of applicant's own existing underground utilities,
conduits, ducts, pipes, mains and installations which are within the
right-of-way along the underground route proposed by the applicant
for replacement of existing utility installations.
5.
The location of all other facilities to be constructed within the
City, both within and outside of the rights-of-way as may be required
depending upon the type of project being considered, as needed and
determined by the Director.
6.
The construction methods to be employed for protection of existing
structures, fixtures and facilities within or adjacent to the rights-of-way.
7.
A landscape plan showing the approximate location of all trees within
or adjacent to the rights-of-way along the route proposed by the applicant,
with indications as to which trees are planned to be protected, and
those planned for trimming, removing or replacing.
8.
A written construction schedule.
9.
A list of the property owners whose driveways or entrances will be
blocked during the course of the work.
C.
Permit Fee. Prior to issuance of a permit, the permittee
shall pay a permit fee equal to fifty dollars ($50.00).
D.
Joint Permit Applications.
1.
In order to encourage cooperation between utilities, applicants may
jointly apply for permits to excavate the right-of-way at the same
place and time.
2.
Applicants who join in a scheduled project initiated by the City,
whether or not it is a joint application by two (2) or more registrants
or a single application, are not required to pay the construction
permit fee.
3.
Applicants who apply for permits for the same project, not initiated
by the City, may share in the payment of the permit fee. Applicants
must agree among themselves as to the portion each will pay and indicate
the same on their application(s).
E.
Engineer's Certification. If required by the Director, permit
applications shall be accompanied by the certification of a Missouri
registered professional engineer that the drawings, plans and specifications
submitted with the application comply with applicable technical codes,
rules and regulations.
F.
Traffic Control Plan. If required by the Director, permit
applications which involve work on, in, under, across or along any
rights-of-way shall be accompanied by a traffic control plan demonstrating
the protective measures and devices that will be employed, consistent
with the Uniform Manual of Traffic Control Devices, and any desired
rerouting of traffic, to prevent injury or damage to persons or property
and to minimize disruptions to efficient pedestrian and vehicular
traffic.
G.
Issuance Of Permit. After submission of all plans and documents
required of the applicant and payment of any permit fees, the Director,
if satisfied that the applications, plans and documents comply with
all requirements of this Chapter, shall issue a permit, subject to
such further conditions, restrictions or regulations affecting the
time, place and manner of performing the work as he/she may deem necessary
or appropriate.
H.
Compliance With Permit. All construction and excavation
practices and activities shall be in accordance with the permit and
approved final plans and specifications for the facilities. The Director
and his representatives shall be provided access to the work and such
further information as he/she may require to ensure compliance with
such requirements.
I.
Non-Complying Work. Upon order of the Director, all work
which does not comply with the permit, the approved plans and specifications
for the work, or the requirements of this Chapter, shall be removed.
J.
Display Of Permit. The permittee shall maintain a copy of
the excavation permit and approved plans at the excavation site, which
shall be displayed and made available for inspection by the Director
or his representatives at all times when construction work is occurring.
[Ord. No. 1992 §1, 8-17-1998]
A.
Location Of Facilities. All facilities shall be installed,
located and consistent with any plans, specifications, maps and other
information required to make application for a license or a franchise.
B.
Location Of Associated Ancillary Facilities. To the extent
practicable, any such facilities needing to be located in the right-of-way
shall be located in such a way as to be as unobtrusive as possible
or screened from view. All determinations shall be subject to review
and approval by the Director.
C.
Installation Of Underground Ducts And Conduits.
1.
The installation of underground ducts and conduits will be required
if there is insufficient space, as determined solely by the Director,
within the underground right-of-way to accommodate the installation
of a new telephone or telecommunications service. It is only required
for those distances where there is insufficient space. If any pre-existing
ducts or conduits are at full capacity, any new telephone or telecommunications
occupants requesting space will be required to install new ducts or
conduits for their facilities.
D.
Use Of Underground Ducts And Conduits By Pre-Existing Occupants. Any underground telephone or telecommunications occupants existing
prior to September 1, 1998, must install or relocate their existing
facilities within underground ducts or conduits:
1.
When such ducts or conduits become available;
2.
When excess capacity exists within said ducts and conduits;
3.
When said ducts and conduits are appropriate for occupant's facilities;
4.
And within a reasonable period of time, which shall not be later
than the end of the term of the occupant's license or franchise.
E.
Pole Attachments.
1.
Any person with overhead facilities shall install their facilities
on pole attachments to existing utility poles only, and then only
if surplus space is available.
2.
New pole attachments requiring the placement of new poles will only
be allowed with the permission of the City by obtaining an excavation
permit.
[Ord. No. 1992 §1, 8-17-1998]
A.
Safety And Security. An occupant or other person acting
in its behalf shall use suitable barricades, flags, flagmen, lights
and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle
or property by reason of such work in or affecting such ways or property.
Unless expressly allowed by the Director, no occupant or person acting
in its behalf will be allowed to leave any excavation site unattended
or unsecured. If the Director determines that circumstances make it
impractical to cover or backfill an excavation site, other safety
measures may be allowed only with the express permission of the Director
to secure the site and prevent injury to persons.
B.
Notification Of Adjacent Property Owners. The person making
any excavation shall notify property owners eight (8) hours in advance
if driveways or entrances are to be blocked by the work in progress.
C.
Cutting Pavement, Excavating And Other Operations Interfering With
Movement Of Traffic.
1.
Any person making a cut, opening or excavation in any portion of
the right-of-way shall execute the work and/or operation in a complete
and workmanlike manner, utilizing equipment and methods which will
cause a minimum of damage to the pavement and other structural elements
and components of the right-of-way. The width of the cut or excavation
shall be no greater than that necessary for doing the work.
2.
On the roadway of any street in this City, it shall be unlawful to
do any of the following:
a.
Leave any paving material, stone and earth or other material removed
from street cuts, openings or excavations on any street.
b.
Make or leave any incomplete cut or backfill, except that a cut may
be left incomplete if it is backfilled to pavement elevation or bridged
or plated to allow the operation of traffic thereon. The permittee
shall be liable and responsible for replacement of backfill and pavement
removed to effect installation and repair of facilities which underlie
any public street, road, boulevard, alley, drive or public passageway,
such replacement to be in strict conformity with standards, specifications,
codes, requirements and guarantees as set forth in City ordinances
and policies of the enforcement agency.
c.
Do or perform any work in such a manner as to necessitate the closing
of more than one (1) lane of moving traffic during any period of the
day.
3.
Authority to regulate hours of work. The enforcement
agency 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.
[Ord. No. 1992 §1, 8-17-1998]
A.
Completion Of Construction. The permittee shall promptly
complete all work authorized by a permit so as to minimize disruption
of the City rights-of-way and other public and private property. All
work within City rights-of-way, including restoration, must be completed
within one hundred (100) days of the date of issuance of the permit
unless extended or modified by the Director.
B.
Regulations For Refilling Excavations. The refilling of
all cuts and excavations made in any street, sidewalk, alley or public
place in the City shall be done in the following manner:
1.
Backfilling.
a.
All excavations and street openings shall be backfilled with suitable
graded aggregate or non-shrink slurry. When backfilling, compaction
shall be by mechanical means in not more than twelve (12) inch lifts
to a point eight (8) inches below finished surface or as directed
below for the proper type of surface material.
b.
When backfilling under bituminous pavement or concrete pavement,
the trench shall be backfilled to a density of ninety-five percent
(95%) of maximum density as determined by the American Society For
Testing and Materials (ASTM) Designation D-698. In areas containing
unstable material, the compaction shall be equal to the density of
the adjacent material as determined by the ASTM.
c.
If a non-shrink slurry is used for backfilling, the design mix shall
be two thousand six hundred (2,600) pounds of well-graded .375 minus
aggregate, eight hundred (800) pounds of mortar sand, ninety-four
(94) pounds of Portland cement and eleven (11) gallons of water. This
non-shrink slurry may be placed directly against non-metallic surfaces,
however, metallic surfaces should be protected with water works enamel,
a polyvinyl sleeve or a bedding of twelve (12) inches of suitable
graded aggregate. A non-shrink slurry backfill shall be brought up
to a point eight (8) inches below finished surface or as specified
in (2)(b) or (c) below.
d.
The enforcement agency may limit the length of excavation to be opened
at one time, owing to the nature of the soil and other attending circumstances.
2.
Surface preparation. All such street openings shall
be repaired with the same type of material that was removed, in accordance
with the following requirements:
a.
Surface material shall be saw cut and removed six (6) inches beyond
the trench line to ensure an undisturbed shoulder for new surfacing.
b.
In replacing concrete material, the fill shall be brought to a minimum
of eight (8) inches to the finished surface or to match the existing
thickness, whichever is greater. If the concrete removed was reinforced,
then the patch shall also be reinforced in such a way as to tie the
new reinforcing into the existing. All concrete shall be three thousand
(3,000) pounds with six (6) by six (6) to ten (10) by ten (10) mesh
and all surfaces shall have a groom finish and be protected from the
elements until properly set.
c.
In replacing asphalt material, the fill shall be brought to a minimum
of ten (10) inches to the finished surface, then apply seven (7) inches
of asphaltic concrete base, then one and one-half (1½) inches
of asphaltic concrete binder and one and one-half (1½) inches
of asphaltic concrete surface. The finished surface shall be rolled
with a smooth-wheeled roller weighing not less than five (5) tons.
d.
In replacing soil, eight (8) inches of clean, unfrozen earth shall
be placed and compacted.
e.
The enforcement agency may require each excavation to be sealed with
a slurry seal or an approved equal, or in the case of extensive excavations,
may require any portion of the affected street to be selected.
3.
In the event of failure to refill said excavation, the Director shall have the right to make any and all refills and to require reimbursement of the cost thereof from the person making the excavation, with payment for such cost to be made in the manner prescribed in Section 510.270(G) for payment of charges for repaving and resurfacing. However, the person making said excavation has the sole responsibility to see that said excavation is properly barricaded with barricades and/or lights as required by Section 510.260(A).
4.
The person making such refill shall be required to clean up and haul
away all surplus earth, rock or rubbish immediately after such refill
is completed, unless special permission has been granted in writing
by the Director or his/her representative. The person making the backfill
shall give the enforcement agency a minimum four (4) hours' notice
prior to beginning backfill. In case of default thereof, the enforcement
agency shall have the right to remove such earth, rock or rubbish
and charge the cost of such removal against the deposit of the person
to whom the permit was issued.
5.
In the event of settlement due to defective refill, occurring within
a two (2) year period after the completion of repaving, the enforcement
agency shall have the right to make whatever repairs are required
to restore the excavation and repaving to a proper condition and to
charge the cost thereof against the deposit of the person to whom
the permit was issued.
6.
All monies collected in accordance with this Section shall be remitted
to the City Treasurer to be placed to the credit of the General Fund.
C.
As-Built Drawings. Within sixty (60) days after completion
unless such time is extended or modified by the Director, the permittee
shall furnish the City with one (1) complete set of plans drawn to
scale and certified to the City as accurately depicting the location
of all utility facilities constructed pursuant to the permit. This
requirement may be waived by the Director.
D.
Restoration Of Structures And Facilities. Upon completion
of any excavation work, the permittee shall promptly repair any and
all public and private property improvements, fixtures, structures
and facilities in the rights-of-way or otherwise damaged during the
course of construction, restoring the same as practicable to its condition
before the start of construction
E.
Landscape Restoration.
1.
All trees, landscaping and grounds removed, damaged or disturbed
as a result of the excavation, construction, installation, maintenance,
repair or replacement of utility facilities, whether such work is
done pursuant to a franchise, license and/or permit, must be replaced
or restored as nearly as may be practicable to the condition existing
prior to performance of work.
2.
All restoration work within the rights-of-way shall be done in accordance
with landscape plans approved by the Director.
F.
Failure To Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by this Chapter or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the performance bond. (See Section 510.220 Surety Bond)
G.
Payment Of Charges For Repaving And Resurfacing.
1.
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 such charge has been paid, and provided further that if any such charges so made are not paid within the time above-mentioned, the amount due to the City therefor shall be taken out of the deposit provided for in Section 510.220(A) and no further permits shall be issued to any such person until such deposit shall again be brought up to one hundred dollars ($100.00).
2.
All payments of charges provided for in this Section shall be remitted
to the City Treasurer to be placed to the credit of the General Fund.
[Ord. No. 1992 §1, 8-17-1998]
This Chapter shall apply with equal force and effect to excavations
in, through and under boulevards, parks or other property under the
jurisdiction of the City.
[Ord. No. 1992 §1, 8-17-1998]
This Chapter shall apply with equal force and effect to the
Pleasant Valley Special Water District in all cases where the Water
District makes or seeks to make any cuts, openings or excavations
in, through or under any street, sidewalk, alley or public place.
