[Ord. No. 304 §§1 —
2, 2-26-2001]
A.
Initial Conference. Improvement plans shall be based on
the preliminary plat approved by the Board of Aldermen. Before improvement
plans involving streets in a subdivision are prepared for Commission
review, the subdivider may request an initial conference with the
Zoning Administrator and/or City Engineer in order to inform the City
of the general plans being considered for the streets of the subdivision
and to obtain input from them regarding any special factors to be
considered at the site and to become aware of special conditions which
may be required as a result of the contemplated street plan.
B.
Submission Requirements. The subdivider shall submit four
(4) sets of improvement plans for review (and five (5) sets for final
approval) to the City Clerk's office. The improvement plans shall
be drawn at a scale not to exceed one (1) inch to one hundred (100)
feet on an exhibit approximately twenty-four (24) inches by thirty-six
(36) inches and shall contain the following information:
1.
North arrow, scale and date.
2.
Title block showing name and address of subdivider and subdivider's
registered professional engineering firm, as well as the engineer's
seal.
3.
One (1) or more bench marks in or near the subdivision to which the
subdivision is referenced. The identity and elevation shall refer
to U.S.G.S. datum.
4.
List of standards and specifications followed for items and operations
of construction that appear in the improvement plans.
5.
Grading plan conforming to Chapter 411 and indicating existing and proposed contours, grading and compaction details, and details of protective methods to prevent silt and mud damage to off-site streets and properties during construction operation.
6.
Street plans conforming to Section 410.180 and including paving details and details of street showing grading, slopes, width of pavement and cul-de-sacs with typical cross-sections.
7.
Street name signs, stop signs and the proposed subdivision entryway
sign, indicating their location and specifications.
9.
Storm sewer plan indicating:
a.
Existing and proposed storm sewers and structures.
b.
Drainage area map delineating both off-site and on-site drainage
capacity.
c.
Details of detention storage facilities, accompanied by proposed
routing procedure and structural design computations.
d.
Design and construction specifications conforming to the requirements
of the St. Louis Metropolitan Sewer District or the City of Green
Park, whichever is more restrictive.
10.
Miscellaneous, to be included when applicable:
11.
Natural features within and adjacent to the proposed subdivision
including any natural resources and other drainage channels, bodies
of water, wooded areas, and other significant features. On all watercourses
leaving the tract, the direction of flow shall be indicated, and for
all watercourses entering the tract, the approximate drainage area
and watershed name above the point of entry shall be noted.
12.
Storm drainage analysis showing drainage data for all watercourses
or drainage ways entering and leaving the plat boundaries. The storm
drainage design shall be prepared to demonstrate the proposed system's
capability of accommodating not less than the current MSD or any criteria
adopted by the City, whichever is more restrictive.
13.
Designation of any portion of property within the 100-year flood
plain, based upon calculations recognized by the Federal Flood Insurance
Administration and the City Engineer as the most recent and accurate
available from the Army Corps of Engineers.
C.
Documents Accompanying Improvements Plans.
1.
Indenture of restrictions to be recorded with or on the final plat.
2.
Street numbers obtained from the Mapping Department of the St. Louis
Post Office.
3.
Written approval of the sanitary and storm sewer systems, indicating
approval of plans submitted for review by St. Louis Metropolitan Sewer
District and/or the City, whichever is applicable.
4.
Copy of contract with the Missouri-American Water Company for water
service to all lots.
5.
Certified statement by the subdivider's engineer of the estimated
cost of improvement installation which the City Engineer has approved
by initialing same. This provision is applicable only if the subdivider
intends to install improvements after the final plat is approved.
6.
Certificate or other proof showing all taxes to the last taxpaying
period have been paid.
7.
If the proposed subdivision fronts on a public street, a letter from
the public agency shall be submitted to the City stating approval
of the proposed access together with any conditions which have been
stipulated.
8.
Certified copy of the recorded preliminary plat as provided in Section 410.070(D)(6).
[Ord. No. 304 §§1 —
2, 2-26-2001]
A.
Submission And Review Procedure.
1.
Sanitary sewer plans shall be reviewed and approved by St. Louis
Metropolitan Sewer District and such sewers shall be designed, constructed
and installed in conformance with St. Louis Metropolitan Sewer District
regulations.
2.
Storm sewers.
a.
All stormwater improvements shall be designed, constructed and installed
in conformance with latest regulations adopted by St. Louis Metropolitan
Sewer District or any stormwater regulations adopted by the City,
whichever is more strict.
b.
All stormwater plans shall be reviewed and approved by the City.
However, plans for stormwater facilities on easements dedicated to
and maintained by St. Louis Metropolitan Sewer District shall be reviewed
and approved by St. Louis Metropolitan Sewer District per MSD or the
City of Green Park criteria, whichever is more strict.
3.
Designated City Officials shall review all other portions of the
improvement plans and accompanying documentation for which they are
responsible. They shall sign and date that portion of the plans indicating
their approval or disapproval.
4.
The City Engineer shall recommend approvals or disapprovals to the
Mayor and the Chairman of the Commission.
a.
The Mayor and the Chairman of the Commission shall examine the recommended
approval or denial by the City Engineer and/or designated City Officials.
The Mayor and the Chairman of the Commission shall then give final
approval or disapproval of the improvement plans together with the
accompanying documents. Such final approval or denial of the improvement
plans by the Mayor and the Chairman of the Commission shall be indicated
in writing on all five (5) sets of plans. The City Clerk shall promptly
give written notification to the Commission and the Board of Aldermen
of such approval or denial.
b.
If either believes that further review is warranted, the Mayor or
the Chairman of the Commission shall have the discretion to place
any improvement plan submittal on the Commission's agenda for review
by the full Commission.
c.
Receipt by the subdivider of the signed improvement plans shall be
authorization for the subdivider to install the improvements.
d.
Approval of the improvement plans shall be effective for one (1) year. No extensions shall be granted without the subdivider resubmitting plans and the required accompanying documents for reapproval. A filing fee (in the amount set out in Section 400.120 of this Code) for preliminary plat extension shall be charged for the resubmission.
B.
Inspections.
1.
General inspections. Periodic inspection by the
Building Commissioner shall be made of the subdivision during the
planning stages and as construction progresses.
2.
Required inspections. A list of the required inspections
made by the City shall be prepared by the City Engineer. The subdivider
shall notify the City Engineer not less than forty-eight (48) hours
in advance of required inspections that work is ready for inspection.
3.
The City Engineer shall make his/her inspections as the official
representative of the City and shall promptly report all defects and
substandard work or materials to the Mayor and Chairman of the Commission.
4.
The subdivider shall comply with other inspection requirements from
any other agency having jurisdiction within the City if any improvement
installation is within another agency's jurisdiction.
C.
Permits And Fees.
1.
Grading permit. Prior to the grading of any subdivision, a grading permit shall be obtained from the Building Commissioner in accordance with the provisions of Chapter 411.
2.
Inspection and review costs. Upon final approval and prior to the installation of any improvements within a subdivision, the applicant shall pay for the costs of the City's review of applicant's plans and inspection(s) of applicant's site. The permit shall be issued after the permit fee is paid. The fee (as set out in Section 400.120 of this Code) shall be based on a charge of a percentage of the estimated cost of improvements to be installed provided the estimated cost is approved by the City Engineer. The fee is charged to cover the City's costs related to inspections of the subdivision development. The permit shall be valid for one (1) year. The subdivider may apply for an extension of the permit's duration. A site improvement permit extension fee (in the amount set out in Section 400.120 of this Code) shall be charged, and an additional permit fee may be charged if the estimated cost of improvements to be installed has increased, as determined by the City Engineer. The Board of Aldermen shall authorize such extension provided the subdivider has demonstrated valid hardship and unforeseen practical difficulties.
[Ord. No. 304 §§1 —
2, 2-26-2001; Ord. No.
431 §1, 10-18-2004]
A.
Improvement Guarantee Required. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans ("required improvements") of such improvements as required herein. Except as provided in Section 410.100(B), the developer shall either:
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the appropriate public
agency agreement; or
2.
Establish a deposit under a deposit agreement with the City of Green
Park guaranteeing the construction, completion and installation ("construction
deposit") as required herein and for the improvements shown on the
approved improvement plans within the improvement completion period
approved by the City, which shall not exceed two (2) years.
B.
Exceptions.
1.
No guarantee or deposit is required with the City for sanitary and
storm sewers required by MSD if MSD confirms that its requirements
for assurance of completion are satisfied. This provision shall not
affect the intent or enforcement of any existing guarantee, escrow,
or renewal, extension or replacement thereof.
2.
The City may require any specific improvement to be installed prior
to approval of the record plat where failure to install such improvement
prior to further development could result in damage to the site or
surrounding properties.
C.
Deposit Options. Deposits required by this Section 410.100 shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:
1.
Cash deposited with the City Clerk to be held in an interest-bearing
account dedicated for that purpose, with all interest accruing to
the City to offset administrative and other costs of maintaining the
cash deposits.
2.
An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney. The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City. The letter of credit shall be irrevocable for at least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee (in the amount set out in Section 400.120 of this Code) to the City with submission of a letter of credit, and the same fee for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.
D.
Amount Of Deposit. The construction deposit required of a developer establishing a deposit agreement pursuant to Section 410.100(A)(2) shall be in the amount of one hundred ten percent (110%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements. The City may adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements. Where certain improvements are required to be installed prior to approval of the record plat pursuant to Section 410.100(B)(2), the gross deposit amount for the construction deposits shall be reduced by the estimated cost of such improvements.
E.
Deposit Agreement — Releases. The deposit agreement shall be entered into with the City, shall require the developer to agree to fulfill the obligations imposed by this Section 410.100, and shall have such other terms as the City Attorney may require consistent with this Section 410.100. The agreement shall authorize the designated City Official to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection and approval by the Board of Aldermen of all required improvements within a category of improvements, or may occur from time to time, as work on specific improvements is completed, inspected and approved, provided however, that:
1.
Releases — general. The City shall release
the cash or release the letter of credit as to all or any part (by
category) of the developer's obligation only after construction, completion
and installation of all of the improvements as required by the approved
improvement plans, receipt of requisite written inspection request
from the developer, receipt of requisite written notification from
all appropriate inspecting public authorities, and approval by the
Board of Aldermen (or its designee); and only in the amounts permitted
herein.
a.
Inspections. The City Engineer shall inspect each
category of improvement or utility work within twenty (20) business
days after an inspection request has been filed with the City Clerk
by the developer and no inspection shall be required until such request
is received by the City Clerk. For purposes of this Section, an "inspection request" shall constitute and occur only on
a completed written request on a form provided by the City which shall
include:
(1)
The category of improvement reflected in the deposit agreement
that is requested to be inspected;
(2)
An engineer's certification (or other professional's certification,
in the case of landscaping) that the category of improvement has been
installed and on the date of inspection application is maintained
and in conformance with the final approved improvement plans and all
applicable requirements thereto and is therefore ready for inspection;
and
(3)
A verified statement in the form designated by the City from
the representative officer of the developer attesting that the information
in the inspection request is true and accurate. Nothing herein shall
preclude the City from completing additional inspections at its discretion
or as a courtesy to the developer.
b.
Successor developer. A developer must be released
from all further obligations if a replacement performance guarantee
in the form provided in this Section in an amount equal to or exceeding
the value of the unreleased portion of the original guarantee is given
by another developer. The release of the original guarantee shall
not occur until after the replacement guarantee has been finalized
and approved by the City.
2.
Extension of completion period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the City may grant an extension to the improvement completion period for a period of up to two (2) years if after review by the City such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; provided that the City may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts, or satisfaction of new Code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of this Section 410.100.
3.
Construction deposit releases. After an inspection of any specific improvements, the City may at its discretion release up to but not more than ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the City after completion of any component of the guaranteed improvements (i.e. less than all of the improvements in a given category), the remaining amount held for any category of improvements for the entire subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion of all improvements for the subdivision. The City shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components and line items shall in no way modify or reduce the developer's guarantee as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item. All improvements in a category shall be deemed complete only when (1) each and every component and line item within a category for the entire subdivision has been constructed and completed as required, (2) the developer has notified the City Clerk in writing of the completion of all components of the category, provided all necessary or requested documentation, and requests an inspection, (3) the developer is not in default or in breach of any obligation to the City under this Section 410.100 including, but not limited to, the City's demand for maintenance or for deposit of additional sums for the subdivision, (4) the inspection has been completed and the results of the inspection have been approved in writing by the City and/or its agents.
4.
Effect of release — continuing obligations. The developer shall continue to be responsible for defects, deficiencies
and damage to public streets and other required improvements during
development of the subdivision. No inspection approval or release
of funds from the construction deposit as to any component or category
shall be deemed to be City approval of improvement or otherwise release
the developer of its obligation relating to the completion of the
improvements until the final subdivision release on all improvements
is issued declaring that all improvements have in fact been constructed
as required. Inspection and approval of any or all required improvements
shall not constitute acceptance of the improvement by the City as
a public improvement for which the City shall bear any responsibility.
5.
Deficient improvements. No approval of required
improvements shall be granted for improvements that fail to meet the
specifications established herein or otherwise adopted by the City.
6.
Final construction deposit release. Upon final inspection
and approval of all required improvements, the remaining amount of
the construction deposit shall be released; provided that no such
funds shall be released on a final inspection until the development
of the subdivision is complete, as determined by the City.
F.
Failure To Complete Improvements. The obligation of the developer to construct, complete, install and maintain the improvements indicated on the approved improvement plans shall not cease until the developer shall be finally released by the City. If, after the initial improvement completion period, or after a later period as extended pursuant to this Section 410.100, the improvements indicated on the approved improvement plans are not constructed, completed, installed, accepted, and maintained as required, or if the developer shall violate any provision of the deposit agreement, the City may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision during any period in which the developer is in violation of the deposit agreement or Subdivision Code relating to the subdivision. If the developer fails to cure any default or present compelling reason why no default should be declared, the City shall declare the developer in default and may take any one (1) or more of the following acts:
1.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be then placed in an appropriate trust
and agency account subject to the order of the City for such purposes
as letting contracts to bring about the completion of the improvements
indicated on the approved improvement plans or other appropriate purposes
in the interest of the public safety, health and welfare; or
2.
Require the developer or lender to pay to the City the balance of
the surety not theretofore released; or
3.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion of the improvements indicated on the approved
improvement plans after recalculation in order to allow for any inflated
or increased costs of constructing the improvements.
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The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), and including the payment of funds to the City due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section 410.100 without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, and no right to any extension shall exist or be assumed.
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G.
Other Remedies For Default. If the developer or surety fails
to comply with the City's requirements for payment as described above,
or fails to complete the improvements as required, or otherwise violates
the deposit agreement provisions, and there is a risk that development
will continue in the subdivision without the timely prior completion
of improvements or compliance with deposit agreement provisions, the
City may in addition or alternatively to other remedies:
1.
Suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Subsection 410.100(G), the "undeveloped
portion of the subdivision" means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The City shall give the developer ten (10) days' written notice of an order under this Subsection 410.100(G) with copies to all sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the City shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the designated City Official:
(a)
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF GREEN PARK. NO DEVELOPMENT, CONSTRUCTION, BUILDING
OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF
THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF GREEN PARK REMOVES
THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO CHAPTER 410, CITY OF GREEN PARK MUNICIPAL
CODE.
(b)
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF GREEN PARK. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL
SUCH TIME AS THE CITY OF GREEN PARK REMOVES THIS PROHIBITION. ANY
DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE
THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT
TO CHAPTER 410, CITY OF GREEN PARK MUNICIPAL CODE.
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The suspension shall be rescinded in whole or in part only when
the City is convinced that completion of the improvements is adequately
assured in all or an appropriate part of the subdivision; or
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2.
Suspend the rights of the developer, or any related entity, to construct
structures in any development platted after the effective date of
such suspension throughout City and such incorporated areas as are
under City jurisdiction. The City shall give the developer ten (10)
days' written notice of an order under this clause, with a copy to
sureties known to the City to have obligations outstanding on behalf
of the developer or related entities, and shall record an affidavit
of such notice with the Recorder of Deeds. If, within the ten (10)
day period after notice is given, the City is not convinced by compelling
evidence that completion of the improvements is adequately assured
and maintenance of streets assured as provided herein, the City shall
order construction suspended. The order shall be served upon the developer,
with a copy to the surety as appropriate, and a copy recorded with
the Recorder of Deeds. The suspension shall be rescinded only when
the City is convinced that completion of the improvements is adequately
assured.
H.
Suspension Of Development Rights. From and after the effective date of this Chapter if a developer, or any related entity, has a subdivision development improvement guarantee that is in default, as determined by the City, including any escrow or bond under any prior enactment of this Section 410.100:
2.
The rights of the developer, or any related entity, to receive development
approval, which approval shall include, but not be limited to, approval
of any plat or deposit agreement for new or further development in
the City, shall be suspended. The suspension shall be rescinded only
when the City is convinced that completion of the improvements is
adequately assured.
I.
Additional Remedies. If any party fails to comply with any obligation of this Section 410.100, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by set-off of any funds or assets otherwise held by the City of the developer to the maximum extent permitted by law. Such set-off shall occur upon written notice of such event by the City to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 410, that the developer shall pay the City's costs, including reasonable attorney's fees, of enforcing this Section 410.100 or any agreement thereunder in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section 410.100 by filing an appeal under the City's administrative review procedure.
J.
Related Entities. For purposes of this Section 410.100, "related entity" has the following meaning: a developer
is a "related entity" of another person
1.
If either has a principal or controlling interest in the other; or
2.
If any person, firm, corporation, association, partnership, or other
entity with a controlling interest in one has a principal or controlling
interest in the other.
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The identification of related entities shall be supported by
documentation from the Secretary of State's Office, Jefferson City,
Missouri.
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[Ord. No. 304 §§1 —
2, 2-26-2001; Ord. No.
444 §1, 3-21-2005]
B.
Standards — Safety Precautions — Use Of, Condition Of
And Damage To Streets. For all land disturbance requiring
a permit, the following standards apply. Failure to comply with the
requirements can result in either a stop work order suspending land
disturbance activities or revocation of the permit.
1.
Surface and stormwaters — damage. Adequate
provision shall be made to prevent any surface and stormwaters from
damaging the cut face of an excavation or the sloping surface of a
hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever deemed necessary by the City
to prevent the surface of any excavation or fill from exceeding at
any point the maximum allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain,
natural watercourse or street as approved by the City per all applicable
criteria as a suitable place to deposit and receive such waters.
4.
Protection of streets, property. No excavation shall
be made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill — location. No fill shall be made so
as to cause or to allow the same to be deposited upon or to roll,
flow or wash upon or over the premises of another without the express
written consent of the owner(s) of such premises so affected; or upon
or over any public street, walk, place or way; nor so close to the
top of a bank of a channel as to create the possibility of bank failure
and sliding.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of banks, borrow pits or other approved
source. Material shall be free of vegetable matter and deleterious
material and shall not contain large rocks or lumps as recommended
in a soils report approved by the City.
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows:
a.
No excavation shall be made with a cut face steeper in slope than
three (3) horizontal to one (1) vertical.
b.
No fill shall be made which creates an exposed embankment face steeper
in slope than three (3) horizontal to one (1) vertical. The embanked
end of the fill shall be uniformly compacted as provided in paragraph
(8) hereof and stable under the proposed conditions.
8.
Compaction. All fills intended to support buildings
or structures, sewers and conduits shall be compacted to a minimum
of ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1775. Compaction of fills for these uses must be certified
by a registered professional engineer at the owner's expense. Frequency
of compaction tests shall be determined by the Building Commissioner
or City Engineer or his or her designee. Compaction of other fills
shall be required where necessary as a safety measure to aid in preventing
the saturation, slipping or erosion of the fill. The requirements
of the City for the compaction of fills shall include, but shall not
be limited to, the following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (.2) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The natural ground surface shall be prepared by removing topsoil
and vegetation and by compacting the fill upon a series of terraces.
Hillside or slope fills shall require plowing or scarification of
original ground.
c.
Land disturbance on slopes will require silt fencing at intermediate
levels to slow surface water, prevent rutting and decrease erosion.
d.
Land disturbance sites will require silting basins to prevent mud
from washing onto adjacent properties.
e.
If fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
f.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. In
heavy rain, interrupted work shall not be resumed until moisture content
is satisfactory. Fill material shall not be placed, spread or rolled
while the ground is frozen or thawing.
g.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
h.
Topsoil disturbed by land disturbance or building operations shall
be stripped and piled for storage in an amount necessary to complete
finished land disturbance only.
9.
Removal of timber, rubbish, etc. Timber, logs, trees,
brush, vegetable matter and rubbish of any description shall be removed
and disposed of so as to leave the disturbed area with a neat and
finished appearance.
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TREE STUMPS, MASONRY AND OTHER OBSTRUCTIONS SHALL BE REMOVED
TO THE FOLLOWING DEPTHS:
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Paved area
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Two (2) feet below subgrade
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Lawn areas
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Two (2) feet below finished grade
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Solid rock, shale or similar materials
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Shall be removed to a depth of fifteen (15) inches below subgrade
for paved areas and two (2) feet below finish grade for lawn areas
except where it is impractical because of rock out-cropping.
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10.
Use of streets during land disturbance.
a.
Notice. At least five (5) working days prior to
the use of any street in the City by trucks or hauling or land disturbance
equipment engaged in land disturbance operations in the City which
requires the use of the streets of the City, the contractor in charge
shall make a written report to the City specifying the kind and description
of trucks or hauling or land disturbance equipment, including size
dimensions and the loaded and unloaded weight of trucks and hauling
equipment and the number of each and the length of time required to
use the streets of the City. The contractor shall furnish the City
with all other information required to estimate or determine the amount
of wear and tear or damage, if any, that may be caused to streets
by such usage. Before construction actually commences or while the
work on the streets is in progress, the City may require any contractor
or subcontractor to post surety bond or insurance with the City to
guarantee the City compensation for any damage to streets, curbs,
sidewalks or public facilities.
b.
Routes. When, in the City's judgment, it is necessary,
the City shall notify the contractor of the route or routes to be
used by such trucks and equipment. The City shall notify the contractor
of the route(s) at least one (1) working day before the commencement
of work and usage of the streets of the City. The contractor shall
be charged with the duty of seeing that the trucks or equipment use
only the route or routes designated by the City. In the event of any
emergency requiring a change in route or routes or if the designated
City Official finds or determines that any route or routes so designated
are not safe or that excessive damage is being caused to any street
or streets in the City by such usage or if he/she finds the welfare
of the City so requires, he/she may, upon one (1) day's notice to
the contractor in writing, designate an alternate route or routes
and it shall thereupon be the duty of the contractor to see that the
trucks or equipment use only the alternate route or routes so designated.
11.
Condition of streets.
a.
Photographs. The Building Commissioner or other
designated official, immediately prior to the use of any street in
the City by a contractor engaged in land disturbance operations in
the City, shall examine the condition of the streets to be used and
to take photographs of the streets, showing the condition of the pavement,
curbs, sidewalks and other physical features, which shall be dated
and a memorandum made of the location shown by each photograph. Within
five (5) days after termination of the use of the streets as herein
provided, it shall be the duty of the Building Commissioner or other
designated official to have additional photographs made and proper
descriptive matter included therewith.
b.
Inspection. In addition to the taking of photographs
before and after construction, the Building Commissioner or other
designated official shall cause a thorough inspection to be made of
the condition of the pavement of the streets designated and used under
the permit, as well as the curbs and sidewalks, and shall make written
reports of his/her findings, including with his/her report after termination
of the work his/her estimate of the cost of restoring the street to
its original condition as well as any curbs or sidewalks.
12.
Damage to street, etc. The City shall hold the contractor
liable for unusual wear and tear or damage to the streets, curbs and
sidewalks resulting from the contractor's usage and acceptance of
the City's designated route or routes by the contractor and shall
constitute an agreement on the contractor's part to pay the reasonable
cost of restoring the streets, curbs and sidewalks in questions to
their original condition. Within thirty (30) days after termination
of the contractor's usage of said route or routes under the land disturbance
permit, the contractor shall pay to the City an amount sufficient
to reimburse the City for the expense of restoring the streets, sidewalks
and curbs to their original condition. If the contractor fails to
pay or repair the damage within ten (10) days, the City may use the
funds held as a guarantee to properly repair any such damage and the
contractor shall forfeit such amount of the guarantee as needed to
make such repairs.
C.
Construction Dirt, Debris And Noise.
1.
Barriers at construction site. After new excavation
or construction is commenced on any lot or tract of land in the City
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 space
between sidewalks and curbs, the owner of the property or contractor
or builder in charge of work shall erect and maintain temporary walls
or other approved barriers to prevent such washing or spreading of
mud or dirt. 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 and street and the space between
sidewalk and street, resulting from work, must be removed.
2.
Removing mud from vehicle wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
his/her/its personnel with shovels or other equipment, including wash-down
facilities, as necessary to remove dirt from the wheels of all vehicles
leaving any land disturbance site where mud has accumulated on the
wheels, before such vehicles enter any public or private street of
the City. It shall be unlawful for any owner, contractor, subcontractor
or builder to permit any vehicle to leave such place with mud on the
wheels which is able to be dispersed over any public or private street
of the City and it shall be unlawful for any driver of a vehicle to
enter upon the public or private 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.
3.
Spilling materials on streets. The owners, contractors,
subcontractors and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle at any land disturbance site
in the City, during construction or otherwise, shall load the same
so that no portion thereof shall be spilled or be liable to be spilled
on the streets of the City. It shall be unlawful for any such person
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 driver
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. Each occurrence shall be a separate offense.
4.
Boards over sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein, as completely as possible and to prevent breakage
or damage to such installations, of whatever materials constructed.
Damage to walks, curbs and gutters will be repaired by the contractor
or the City may cause to have them repaired at the contractor's expense.
5.
Waste material. During the course of construction
or excavation, owners, contractors and builders are required to clean
up all paper, refuse, sticks, other building waste and all other waste
material daily and to prevent the same from blowing or otherwise being
scattered over adjacent public or private property.
6.
Planting ground. Improved and unimproved property,
after excavation and construction is completed, shall be sodded, planted,
concreted, paved or otherwise surfaced to avoid washing or spreading
of dirt and mud onto other property, sidewalks, curbs, gutters, streets
and the space between sidewalks and curbs prior to issuing an occupancy
permit.
7.
Scheduling. Land disturbance shall be accomplished
between the hours of 7:00 A.M. and sunset, unless in the case of emergency
or an extension of hours is specifically granted by the Green Park
Board of Aldermen.
8.
Noise. The permittee shall take appropriate measures
to reduce noise to the fullest extent practical in the performance
of the land disturbance work.
9.
Notwithstanding any provision in this Section, if the contractor fails to remedy any situation that is in violation of this Subsection within ten (10) days of notification by the City of the violation or immediately if it is an emergency situation, then the contractor shall forfeit such amount of the guarantee established under Subsection (D) of this Section as may be needed to take such remedial measures and the City may use the funds held as a guarantee to remedy such situation.
D.
Correction Of Deficiencies.
1.
All violations shall be corrected within the time limit specified
in the issuance of a written notice to correct. Action to correct
violations which required immediate action shall be taken upon oral
notification of the contractor by the City. All persons failing to
comply with such notice shall be deemed in violation of this Section.
2.
Any usage of the permittee's guarantee amount shall be followed by
a written explanation by the City describing the condition corrected
and the funds used in taking the corrective action.
3.
Nothing in this Subsection shall prevent prosecution of violations
of this Section in the absence of, or in addition to, the issuance
of a notice of violation.
[Ord. No. 304 §§1 —
2, 2-26-2001]
A.
Right-of-Way Permits — Required.
1.
Except in case of municipal work authorized by the City, no person
or entity shall make any opening or excavation or place any object
in any public street, alley, sidewalk, parkway or other public place,
right-of-way or thoroughfare without a right-of-way permit as provided
herein.
2.
All work which results in a physical disturbance of the public right-of-way
or which otherwise interrupts traffic shall require permit authorization.
This requirement shall include, but not be limited to, all excavations
and installations relating to conduit, utility poles, pole lines,
wires, mains, pipes, valves, conductors, sewers, drains, driveways,
sidewalks or appurtenances thereof. Work which does not result in
a physical disturbance of the public right-of-way and does not interrupt
traffic shall not require permit authorization or telephone notification.
3.
The City Clerk shall keep a full and complete account of all permits
issued showing the date, the person to whom issued, the permit expiration
date, and the location of proposed work.
4.
Any person having occasion to make any such excavation shall make
written application to the City Clerk on forms provided for that purpose,
and the Clerk shall forward all such applications to the Building
Commissioner, who shall have authority to issue such permits. The
application shall state the location and nature of the proposed work
and when the work is to be commenced and shall also include the applicable
fee (as set forth in Subparagraph (7) below).
5.
No permit shall be issued for a period in excess of ninety (90) days
(the "permit period"). Emergency work where the public safety and
welfare are endangered, which results in a physical disturbance of
the public right-of-way, shall require immediate notification of the
proposed work to the Building Commissioner during regular City Hall
office hours, or by telephone to the Police Department at all other
times. Notification should be followed by permit application to the
Building Commissioner as soon as possible.
6.
The Building Commissioner or other designated official shall provide
each permittee at the time a permit is issued hereunder a suitable
placard plainly written or printed in English letters at least one
(1) inch high with the following notice: "City of Green Park, Permit
No. ________. Expires ________.", and in the first (1st) blank space
there shall be inserted the number of said permit and after word "expires"
shall be stated the date when the permit expires. It shall be the
duty of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the work. It shall be unlawful for any person
to exhibit such placard at or about any site not covered by such permit,
or to misrepresent the number of the permit or the date of expiration
of the permit.
7.
Applicable Fees. The amounts collected pursuant
to this Section will be used only to partially compensate the City
for the applicant's use of the right-of-way and the costs of inspections
of, and mapping of facilities in, the right-of-way as well as other
such costs, both administrative and professional, incurred in managing
the public rights-of-way and will not be used to generate revenue
above such costs.
a.
Except for as provided in Subparagraphs (b) and (c), the fee required
for a single right-of-way permit shall be one hundred dollars ($100.00).
b.
Non-exclusive franchisees and owners of more than one thousand (1,000)
lineal feet of any facilities (including conduit, duct, line, pipe,
wire, hose, cable, culvert, tube, pole, receiver, transmitter, satellite
dish, repeater, amplifier, or other device, material, apparatus, or
medium, useable (whether actually used for such purpose or not) for
the transmission or distribution of any service or commodity, installed
below or above ground within the public right-of-way, whether used
privately or made available to the public) within the City shall be
required to pay an annual fee of one thousand five hundred dollars
($1,500.00). The annual permit fee is due on the applicant's first
(1st) entry into the right-of-way or January thirty-first (31st) of
each year, whichever is later. This fee is in lieu of, and shall relieve
such franchisee or owner of facilities of the obligation to pay, the
fee set forth in Subparagraph (a) above for each permit sought during
a given year. Although it has paid the annual permit fee, such franchisee
or owner, for each excavation, shall complete the application for
permit prior to any work being commenced in the public right-of-way.
c.
The fee for right-of-way permits for work in the right-of-way adjoining
residential property (but not including work in the street) that is
undertaken by or on behalf of the owner(s) of that residential property
shall be twenty-five dollars ($25.00).
B.
Escrow, Surety, Insurance. The applicant shall accompany
the permit application with the escrow, bond, insurance, etc. (collectively
referred to as "guarantee") indicated herein. The provisions of this
Subsection shall be mandatory in the case of owners, contractors or
builders who have violated the subject and provisions of this Section,
and the amount of the bond escrow or indemnity shall in each case
be based on such previous experience. The provisions of this Subsection
shall also apply in the case of owners, contractors or builders who
have had no previous experience or record in the City.
1.
Escrow. Right-of-way permits shall be issued upon
the approval of the City and the developer depositing with the City
of Green Park a sum equal to that which would be required under this
Subdivision Code for assurance of the completion of said project.
Said escrow funds are meant to guarantee the restoration, maintenance
and/or reconstructed of the site if the project does not proceed to
completion within the permit period or is not restored, maintained
or reconstructed to the City's satisfaction. Said escrow can be approved
by the Building Commissioner and the City Attorney.
2.
Surety. In lieu of a cash escrow, a surety or bond
or indemnity agreement for not less than one thousand dollars ($1,000.00)
for each permitted site, subject to all the terms and conditions of
this Section, may be provided subject to the approval of the Building
Commissioner and the City Attorney.
3.
Condition. As a prerequisite to the issuance of
a right-of-way permit, the applicant shall agree in writing to be
bound by the terms of this Section and to such conditions as may be
prescribed by the City, upon the advice of the City Engineer, as to
lights and barricades, the time within which the opening is to be
filled and the surface restored and for notice thereof, and to repair
as required during the one (1) year period allowed herein. If the
opening is not closed within the time established, the applicant shall
pay the sum of one hundred dollars ($100.00) per day as liquidated
damages and not as a penalty, to be deducted from the deposit if sufficient.
4.
Refund. If the applicant has restored the pavement
in satisfactory form, the guarantee deposit provided for herein shall
be refunded to him; otherwise, the City shall use the guarantee deposit,
or call upon the surety, for the purpose of employing others to restore
the pavement and surface. The applicant shall be liable to the City
for any cost in excess of the amount of the guarantee deposit or surety
actually expended by the City for restoration. If the guarantee amount
is more than needed to restore the surface, the City shall retain
out of the excess the City's fee for arranging and supervising the
restoration and refund the balance, if any, to the applicant. If the
guarantee amount is not sufficient to pay the cost of restoration
and the fee therefor and the liquidated damages provided herein, the
applicant shall be liable for the difference.
5.
Insurance. The applicant and any subcontractors
shall procure and maintain insurance as provided herein (or in such
amount as maybe required by State law) during the life of the right-of-way
permit. The City shall be named as an additional insured on such insurance
policies, and the applicant shall furnish the City Clerk with certificates
evidencing such insurance prior to issuance of the permit. The types
and minimum amounts of such insurance shall be as follows:
a.
Workers' Compensation in full compliance with statutory requirements
of Federal and State of Missouri law and Employers' Liability coverage
in the amount of five hundred thousand dollars ($500,000.00) or such
higher amount as may be required by State law.
b.
Comprehensive General Liability and Bodily Injury
|
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Including Death:
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$500,000.00 each person
|
|
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$2,000,000.00 each occurrence
| |
|
|
Property Damage:
|
$2,000,000.00 each occurrence
|
|
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$2,000,000.00 aggregate
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c.
Comprehensive Automobile Liability, Bodily Injury
|
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Including Death:
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$500,000.00 each person
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$2,000,000.00 each occurrence
| |
|
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Property Damage:
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$2,000,000.00 each accident
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d.
Owner's Protective Bodily Injury
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Including Death:
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$500,000.00 each person
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$500,000.00 each occurrence
| |
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Property Damage:
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$500,000.00 each occurrence
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$500,000.00 aggregate
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e.
Professional
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Liability:
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$2,000,000.00 each occurrence
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6.
The City reserves the right to waive any and all requirements under
this Section when deemed to be in the public interest.
C.
Procedure, Notification, Inspection.
1.
Notice to Commissioner. No construction work shall
commence in any public right-of-way, nor shall any curb on any public
street be cut until at least twenty-four (24) hours' notice of intention
to commence work is given to the Building Commissioner by the owner,
developer or contractor. Said notice may be waived by the Building
Commissioner by the issuance of a permit.
2.
Inspection. The Building Commissioner may cause
the City Engineer or other qualified inspector to be present during
the construction of such street, sidewalk, curb, way, alley or driveway
entrance, and the City Engineer or the inspector on the job shall
have authority to condemn any material not meeting standards specified
by the City Engineer or the inspector. If any portion of the street
fails to meet the minimum requirements, the City Engineer or the designated
inspector on the job shall cause all work on the right-of-way to be
stopped until the unsatisfactory conditions are remedied.
3.
Removal of substandard work. If any portion of any
street, sidewalk, curb, right-of-way, alley or driveway entrance is
constructed contrary to the provisions of this Section, the City Engineer
may order the installed material removed unless the owner, contractor,
builder or developer shall cause bores and other tests, according
to the requirements of the City Engineer, which satisfy the City Engineer
that the work done is in conformity with the applicable specifications.
4.
Contract work. The provisions of this Section shall
apply to construction of streets under contract with the City itself.
5.
Liability. The owner, developer, builder and contractor
shall be jointly and severally responsible for the notice required
hereunder, for failure to have an inspector present or for failing
to comply with any lawful order of the Building Commissioner, the
City Engineer or any designee.
D.
Backfilling, Restoration And Safety Provisions.
1.
Backfilling. All paving excavation restorations
shall meet the specifications established by the City Engineer. It
shall be unlawful for any person to make any backfill in any such
excavation unless a duly authorized inspector of the City is present
to observe the work, and the backfill is made in accordance with the
standards established by the City Engineer. It shall be unlawful for
any subdivider or any other person to install any paving on any public
street in the City unless the provisions of this Section with respect
to backfill have been complied with, and failure to comply with these
provisions on backfilling shall be grounds for refusal by the City
to accept any street for maintenance.
2.
Breaking through pavement. Whenever it is necessary
to break through existing pavement for excavation purposes, the pavement
shall be removed to at least six (6) inches beyond the outer limits
of the subgrade that is to be disturbed in order to prevent settlement,
and a six (6) inch shoulder of undisturbed material shall be provided
on each side of the excavated trench. The face of the remaining pavement
shall be approximately vertical. A power-driven concrete saw shall
be used so as to permit complete breakage of concrete pavement or
base without ragged edges. Asphalt paving shall be scored or otherwise
cut in a straight line. No pile driver may be used in breaking up
the pavement.
3.
Restoration of surface. The City Engineer shall
prepare, and have available for persons making excavations in public
streets and other places, a detailed set of specifications for backfilling
and restoring paving, which shall, as nearly as possible, conform
to the standard specifications of the St. Louis County Department
of Highways and Traffic.
4.
Safeguards to public. No person shall make any street
excavation without providing barricades around the same as a warning
to the public, and between sunset and sunrise adequate lights shall
be provided around the excavation. Traffic warning signs and devices
shall be provided in accordance with the "Manual on Uniform Traffic
Control Devices" (latest revision) and as required by the City Engineer
or an appropriate designee.
5.
Protection of watercourses. The permittee shall
provide for the flow of all watercourses, sewers or drains intercepted
during the work and shall replace the same in as good condition as
it found them or shall make such provisions for them as the City Engineer
may direct. The permittee shall not obstruct the gutter of any street
and shall use all proper measures to provide for the free passage
of surface water. The permittee shall make provision to take care
of all surplus water, mud, muck, silt, slicks or other runoff pumped
from the work site or resulting from sluicing or other operations
and shall be responsible for any damage resulting from the failure
to so provide.
6.
Attractive nuisance. It shall be unlawful for the
permittee to suffer or permit to remain unguarded at the place of
excavation or opening any machinery, equipment or other device having
the characteristics of an attractive nuisance likely to attract children
and hazardous to their safety or health.
7.
City's right to restore surface. If the permittee shall have failed to restore the surface of the street to its original and proper condition or shall otherwise have failed to complete the excavation work covered by such permit, the Building Commissioner, upon the advice of the City Engineer, may do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due it, any funds of the permittee deposited as herein provided and the City shall also enforce its rights under the permittee's surety bond provided pursuant to this Chapter 410.
8.
Continuing obligation. It shall be the duty of the
permittee to guarantee and maintain the site of the excavation work
in the same condition it was immediately prior to the excavation for
a period of one (1) year after restoration to its original condition
prior to construction.
E.
Sidewalks — Curbs — Entrances.
1.
Unless otherwise authorized by the City Engineer and the Building Commissioner, the construction of sidewalks, curbs and gutters shall meet the requirements and specifications of Sections 410.180(C) and 410.180(B)(3) of this Subdivision Code.
2.
Upon completion of plans and specifications, the City Engineer shall
file a copy with the Board of Aldermen for its approval, modification
or amendment by resolution. Upon final approval by the Board of Aldermen
copies shall be filed with the City Clerk. The City Engineer may recommend
changes, amendments or alterations from time to time which shall be
effected by order or resolution of the City Council. Copies of same
shall be filed as hereinabove provided.
F.
Liability Of City. This Chapter 410 shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which a special use permit is used hereunder, nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason or inspections authorized hereunder, the issuance of any permit or the approval of any work.
