No person shall make, or cause to be made, any excavation in
any public way or place without first obtaining a permit from the
City as hereinafter provided, except public work done under authority
of the Board of Aldermen by the employees of the City, and except
as otherwise provided in emergency cases.
Application for an excavation permit(s) shall be made in writing
to the City, which application shall contain information regarding
the purpose, location and size of the proposed excavation and the
appropriate time when work on same will be commenced. Before any permit
is issued, the applicant shall furnish proof of adequate insurance
and protection to the City against all claims for damages arising
from the prosecution of the work and shall deposit with the City a
sum adequate to repay the City for its cost of backfilling or inspection.
There shall, in addition, be deposited and maintained with the City
up to five hundred dollars ($500.00) per permit to secure compliance
with the provisions of this Article. The deposit of five hundred dollars
($500.00), or the balance thereof, if any, shall be refunded upon
certification that the person making and maintaining the deposit no
longer intends to engage in any activity involving excavations in
public ways or places in the City, and after payment of all amounts
due to the City for permits issued or services performed by the City
for such person in securing compliance with the provisions of this
Article. The deposit required herein may be waived in the case of
emergency repairs made by a utility.
A.
In
the making of excavations in any public way or place, the excavated
materials from the trenches must be placed where they will cause the
least possible inconvenience to the public. The width of excavation
must be no greater than is necessary for doing the work, and sheathing
and bracing must be used as necessary to keep the sides of the trench
vertical and to prevent caving. Adequate provision for proper drainage
of the areas surrounding the work must be maintained at all times.
B.
All
excavations must be completed in a timely manner and maintain traffic
flows at all times in accordance with the conditions of the excavation
permit. Where an excavation is made entirely across a public highway,
and adequate detour for traffic is not available, substantial driveway
must be maintained across such excavation until such excavation is
refilled. Detours may not be established except on special permit
from the City, and then only after notice to the Chief of Police of
the City and the Fire Protection District. Any public ways or place
disturbed, interfered with or injured in making any excavation must
be restored, replaced and repaired to as good condition as existed
before such excavation was made.
C.
Every
person who makes or causes to be made any excavation in or adjoining
any public way or place shall provide, erect and maintain at all times
along the lines of work all such barricades, signs, lights and warning
signals as may be necessary to protect the public from the hazards
arising from the operation.
D.
In
addition to the foregoing, all excavations shall satisfy the following
permit conditions:
1.
Proper work signage shall be placed appropriately.
2.
All disturbed areas must be restored to their original condition
and in conformance with Metropolitan St. Louis Sewer District and
St. Louis County specifications.
3.
The applicant shall provide and maintain traffic control measures
at all times. All barricades must have lights and be in working condition.
Applicant shall follow applicable articles of the "St. Louis County
Standard Specifications for Highway Construction". Failure to provide
proper traffic control, protect the streets from possible damage,
protect City park property, and provide proper safety measures in
the interest of public safety shall result in the City taking whatever
action is necessary to restore disrupted areas and the immediate revocation
of this excavation permit, as well as undertake legal action to recover
expended public funds above the submitted deposit amount.
4.
Applicant must maintain street traffic flow at all times.
5.
Any and all other work necessary to provide a complete and satisfactory
job must be undertaken by applicant.
6.
The work must be completed in the established time frame.
E.
No
requirements of this permit shall prevent a public utility company
from making emergency repairs which benefit the health, welfare and
the general well-being of the City's residents.
F.
All
excavation and restoration work in the public rights-of-way shall
conform to the applicable Standard Construction Specifications For
Sewers And Drainage Facilities of the Metropolitan St. Louis Sewer
District (MSD), the St. Louis County Standard Specifications For Highway
Construction and those additional requirements of the City of Pine
Lawn.
A.
The
work of placing and compacting granular backfill and repaving excavated
areas in paved streets and walks is to be performed by the Department
of Public Works of the City of Pine Lawn at the sole cost of the person,
firm or corporation making the excavation, except that contractors
approved by the City and utility companies engaged in the construction,
replacement or repair of utility lines in paved areas shall be required
to perform granular backfill and repaving operations as part of the
construction or replacement project and to furnish the City satisfactory
guaranty covering performance of the work in accordance with the above
specifications. Contractors and utility companies engaged in the construction,
replacement or repair of utility lines in paved areas shall backfill
the trench with the granular material.
B.
In
the restoration of paved areas (including any street constructed with
a soil-cement base), the type of materials used for the replacement
of base and surface shall be the same as those which were removed,
and such replacement shall be accomplished in compliance with the
requirements of the City or their authorized representative.
C.
In
addition to any other fee required herein, an inspection fee of twenty-five
dollars ($25.00) per hour, while backfilling and repaving is in process,
shall be paid to the City by any contractor or utility company performing
backfill and repaving in paved streets, driveways and walks with either
granular material or excavated material.
D.
As
soon as any excavation has been backfilled, all excess excavated materials
shall be removed from the area and disposed of.
Any person who desires backfill to be made by the City must
notify the City not later than 1:00 P.M. of the workday before the
work is to be done in order to coordinate the work.
A.
The
approximate cost of granular backfill and repaving operations to be
performed by the Department of Public Works of the City for the person
desiring to make an excavation under or through the paved portion
of any street or walkway will be estimated by the City at the time
application for excavation permit is submitted and shall be deposited
with the City as a prerequisite to the issuance of the permit. The
rates to be charged in preparing cost estimates shall be at the prevailing
rate, as reasonably determined by the City in their sole discretion.
B.
Upon
completion of the backfilling and repaving by the Department of Public
Works, a final estimate of the actual quantities of work done will
be prepared by the City; if such final estimate is less than the original
estimate, refund will be made; if such final estimate is greater,
a charge will be made for the balance and no subsequent excavation
permit will be issued until such balance has been paid in full.
A.
Every
applicant for an excavation permit shall file with the City proof
that the applicant is maintaining liability insurance in the sum of
one hundred thousand dollars ($100,000.00) for any injuries or damages
received or sustained by any person, persons or property on account
of the excavation work or on account of or in consequence of any neglect
in safeguarding the work. Such insurance must be carried with a firm
or corporation which has been licensed to carry on such business in
the State of Missouri and must be kept continuously in force as long
as the excavation work is in process. A copy of the certificate of
insurance policy must be filed with the City, with proof that the
policy is in full force and effect, and that said insurance will not
be altered, amended, terminated or ended without prior notice having
been given to the City.
B.
In
lieu of such insurance, the applicant may deposit a surety bond in
the sum of one hundred thousand dollars ($100,000.000), conditioned
that it will pay any judgment recovered by any person or persons injured,
or any property damage incurred, on account of the excavation work
or on account of or in consequence of any neglect in safeguarding
the work.
C.
In
the event any such insurance policy lapses and is not immediately
renewed, or any such bond terminates in any manner whatsoever and
a substitute in lieu thereof is not deposited, the permit for the
excavation shall be revoked immediately.
In case of an emergency where the public health or safety is
endangered and the office of the City is not open for business, the
provisions of this Article relating to the issuance of permits prior
to commencement of work of excavation shall not apply. In such case,
the person making the excavation shall notify the Police Department
of the City that emergency work is being commenced and the location
thereof, and the work may proceed immediately following the procedures
hereinabove provided for backfilling; provided however, final surfacing
or temporary patches shall not be applied to the excavation until
such time as the City has inspected and approved the backfill and
issued a permit therefor. Application for the permit shall be made
on the first (1st) day on which the office of the City is open for
business after the work is commenced.
Any person violating any of the provisions of this Article shall be subject to those penalties established in Section 100.220 of the Code of Ordinances of the City of Pine Lawn.
