[Ord. No. 8282, 2-3-1994]
No person shall make or cause to be made any excavation in any
public place, street, roadway, parkway, walkway, alley, right-of-way
or easement, without first obtaining a permit from the Director of
Public Services or Building Commissioner except in the case of public
work by City forces, a contractor under contract with the City or
a governmental agency. Each separate and distinct excavation shall
require a separate permit. An excavation permit shall be issued only
to contractors licensed in the City of Kirkwood or to utility companies
authorized to work in the City of Kirkwood.
[Ord. No. 8282, 2-3-1994]
(a)
In cases where public health or safety is in danger or whenever excavations
must be made on an emergency basis to eliminate hazards to persons,
or to prevent interruptions in the utility services or to restore
such services after an interruption has developed, the provisions
of this article relating to issuances of a permit prior to excavation
shall not apply, provided the contractor notifies the Police Department
of the City. Application for permit shall be made on the first day
the City Public Services office is open after the emergency work is
commenced. Final surfacing by the contractor shall not be placed until
the City has inspected and approved the backfill.
(b)
A contractor or public utility operating in the City may obtain an
annual permit for the emergency excavation work. The emergency excavation
permit shall entitle the contractor or public utility to make emergency
excavations. The contractor or public utility who makes an emergency
excavation in accordance with his emergency excavation permit shall
as soon as reasonably possible notify the Director of Public Services
or the Building Commissioner of the emergency excavation, and shall
pay into the City treasury a fee as set by the Council by resolution
from time to time for each emergency excavation made as in other excavation
permits.[1]
[Ord. No. 8282, 2-3-1994[1]]
Application for an excavation permit as required in § 20-115 shall be made on a form provided by the City, which application shall contain information regarding the purpose, location, and size of the proposed excavation and the approximate time work thereon will be commenced, and shall state the length of time applicant estimates will elapse from the commencement of the work until the complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be as set by the Council by resolution from time to time.
[Ord. No. 8282, 2-3-1994; Ord. No. 9335, § 1, 9-18-2003]
The application for an excavation permit shall include a cash
deposit to insure the applicant will backfill the exaction, repair
the pavement, and restore the site in compliance with this article.
(a)
The approximate cost of granular backfill, repaving operations, and
general site restoration to be performed by applicant desiring to
make an excavation will be estimated by the Director of Public Services
or Building Commissioner at the time application for an excavation
permit is submitted, and the cost so estimated shall be deposited
with the City. The amount of the deposit shall be reasonably sufficient
to secure the City against any damage or expense which may result
from the applicant's failure to comply with the provisions of this
article. The amount of such deposit shall be based upon the location,
purpose, and extent of the work and shall be as set by the Council
by resolution from time to time.[1]
(b)
Utility companies, contractors performing excavations under contract
for utility companies, or other governmental agencies are not required
to provide a cash deposit.
(c)
Each permit shall have a separate cash deposit to guarantee backfilling,
paving, and site restoration in accordance with this article.
(d)
The applicant is responsible for maintenance of the excavation for
30 days. Settlement of the excavation or cracking, breaking, or rutting
of the surface shall be prima facie evidence of improper backfill,
which shall be replaced by the applicant or by the City with the cost
paid out of the deposit.
(e)
If the work is completed satisfactorily, the deposit shall be refunded
to the applicant within 15 days of the final inspection by the Director
of Public Services or his authorized representative. The contractor
is responsible for notifying the Public Services Department of final
completion of work.
(f)
In the event the applicant fails to complete or correct work required
by this article, the City may correct or complete said work, and the
cost to the City shall be paid out of the deposit. In the event that
such deposit is insufficient to pay for the City's cost, the applicant
shall pay the excess cost to the City within 30 days. Failure to pay
said costs within 30 days shall result in revocation of the applicant's
contractor's license.
(h)
Failure of the applicant to call for the final inspection within
one year of the issuance date of the permit shall result in the deposit
being forfeited by the applicant, and said deposit shall be paid to
the City Treasury as general revenue.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
All facilities shall be installed and located with due regard for
minimizing interference with the rights of the public, the City and
other users of the public rights-of-way. The applicant shall not place
facilities where they will damage or interfere with the use or operation
of previously installed facilities, or obstruct or hinder the utilities
serving the residents or businesses or their use of any public rights-of-way.
(b)
All new facilities shall be constructed underground except for facilities
that are required to be located aboveground. The City of Kirkwood
shall, in its sole discretion, determine if a facility is required
to be located aboveground. The applicant will provide reasonable advance
notice to all facilities owners, including the City of Kirkwood Water
Department, Electric Department and Public Services Department of
the date on which open trenching will be available for the installation
of facilities.
(c)
The width of excavation shall be no greater than is necessary for
doing the work and sheathing and bracing shall be used as necessary,
to keep the sides of the trench vertical and to prevent caving. Excavations
shall be made in accordance with City, county, state and federal regulations.
(d)
Adequate provision for proper drainage of the areas surrounding the
work shall be maintained at all times.
(e)
At no time shall the maximum length of an open trench be permitted
to exceed 300 feet.
(f)
No excavation shall be permitted to remain open without work actually
in progress at each specific location for a period in excess of three
full working days, Saturdays, Sundays and legal holidays excepted.
(g)
Excavations shall be covered or fenced when work is not in progress.
Excavations in roadways shall be backfilled or covered with steel
plates. When excavated area is open to traffic, the steel plates shall
be secured in place with spikes and asphalt along the edge of the
plate or the plates shall have tapered edges.
(h)
Except when approved by the City in accordance with this subsection,
excavated material shall be removed from the site as the material
is excavated and no excavated material shall be allowed to accumulate
on the site. When approved by the City, excavated clean earth material
to be reused for backfilling may be stored on site. The stored earth
backfill material shall be covered with plastic. No earth material
shall be stored on the street pavement or sidewalk at any time, and
shall not block driveways.
(i)
When approved by the City, approved granular backfill such as crushed
stone, gravel, or sand may be stored on the street pavement. Such
backfill material shall be barricaded and signed for public protection
and safety. Storage of material shall not interfere with the flow
of traffic. Granular backfill shall not be stored on sidewalks or
grass areas at any time.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
Excavations made in or under a street, walk or driveway pavement
shall be backfilled with granular material thoroughly tamped into
place, and the pavement surface restored.
(b)
The Director of Public Services shall determine the backfill material
and may approve one of the following as the best suited methods, considering
the area of the applicant's purposed work.
1.
A mixture of crushed stone or gravel and sand, free from earth, dirt,
clay or debris known as "two-inch minus"; or
2.
A mixture of crushed stone, free from earth, dirt, clay or debris
known as "two-inch clean"; or
3.
Controlled density (flowable) fill material; or
4.
Other equal or better methods approved by the Director of Public
Services.
(c)
The backfilling material shall be at the excavation site at the time
of the inspection by the Director of Public Services or his designee
to determine compliance with the specifications. Granular backfill
shall be placed in horizontal layers not greater than six inches thick
before compaction and thoroughly compacted to the density comparable
to the undisturbed surrounding subgrade. During placement, care shall
be taken to avoid undue segregation of coarse and fine particles.
Sand or one-inch minus may be used to cover pipes and fittings that
may be damaged by the backfill material.
(d)
Street pavement repair.
1.
Asphaltic concrete pavement, macadam pavement, asphalt overlaid concrete
pavement or bituminous pavement shall be restored as follows:
Excavation edges of the pavement shall be cut straight and squared
with a concrete saw two feet larger than the excavation in each direction.
A 6 1/2-sack mix of portland cement concrete shall be placed
on the compacted backfill. The concrete thickness shall be seven-inch
minimum. The concrete surface shall be held to two inches below the
surrounding pavement. The concrete shall be protected from traffic
for five days. After five days, the top and edges of the excavation
shall be primed and an asphaltic concrete surface (St. Louis County
Type C) shall be placed on the concrete. The asphalt-wearing surface
shall be thoroughly compacted and the surface shall be smooth and
free of ruts matching the existing pavement to support traffic without
rutting or settling.
2.
Concrete pavement shall be restored as follows:
Excavation edges of the pavement shall be cut straight and squared
with a concrete saw two feet larger than the excavation in each direction
or replaced to a joint. Concrete pavement shall be replaced as a minimum
to the center of the street pavement. A 6 1/2-sack mix of portland
cement concrete shall be placed on the compacted backfill. The concrete
thickness shall be seven-inch minimum. The concrete surface shall
be finished to match the surrounding finishes. The concrete shall
be protected from traffic for five days.
3.
Restoration of street pavement will be approved and accepted by the
City upon meeting specifications, general appearance and ridability.
Ridability is defined as a leveling tolerance to within 1/4 inch at
any point across the repaired surface as it relates to the surrounding
street surface.
4.
Other equal or better methods approved by the Director of Public
Services.
5.
The Director of Public Services, at his discretion, may specify special
restoration conditions such as special finish concrete pavement (such
as exposed aggregate, textured, colored), high-early strength concrete
and other conditions as conditions require for the preservation, protection
and restoration of the public rights-of-way.
(e)
Curbs shall be restored as follows:
The existing remaining curb shall be cut straight with a concrete
saw or removed to a joint. The new curb shall match the material (asphaltic
concrete or portland cement concrete), shape, and style of the existing
curbs. Concrete curbs shall be reconstructed with six-sack portland
cement concrete on a six-inch crushed stone base. The minimum length
of curb replacement shall be 10 feet.
(f)
The applicant shall replace concrete driveway aprons joint to joint,
if possible, or saw cut at the direction of the Director of Public
Services. Driveway aprons shall be restored to City standards with
the same material, such as exposed aggregate concrete pavement shall
be replaced with exposed aggregate concrete pavement. Asphalt driveway
aprons shall not be patched. Asphalt aprons shall be completely replaced
or replaced to a saw cut joint at the direction of the Director of
Public Services.
(g)
Sidewalks damaged by the work, or by construction vehicles or equipment,
shall be removed and replaced in full sections. The removal of sidewalk
at an intersection will require the installation of an accessible
ramp. All work shall meet ADA standards and the standards established
by the Director of Public Services.
(h)
Excavations in parkways, outside of the paved area may be backfilled
with earth. Earth backfill is to be placed and compacted in the same
manner as described in this article for granular fills or thoroughly
jetted to obtain maximum settlement, and shall be maintained by the
applicant until the area has been stabilized in the original condition.
(i)
All grassed areas disturbed by the work shall be returned to their
original condition by sodding as directed by the Director of Public
Services. Topsoil shall be used as the final cover over all disturbed
areas. Sod shall match that existing at the site. Any area sodded
after June 15 shall be resodded in the fall if, in the opinion of
the Director of Public Services, it has not shown substantial growth.
(j)
The Director of Public Services, at his discretion, may specify special
restoration conditions such as replacement of landscaping, special
finish concrete pavement (exposed aggregate, textured, colored), tree
trimming, tree root protection, high strength or high-early strength
street pavement, and other conditions as conditions require for the
preservation, protection and restoration of the public rights-of-way.
(k)
Restoration of the public rights-of-way shall comply with the standard
drawings and detailed specifications prepared by the Public Services
Department and on file in the office of the Director of Public Services.
The Director of Public Services may revise these drawings and details
specifications from time to time.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
Backfill material shall be approved by the Director of Public
Services or his designee. In the event the City does not approve backfill
material, all such backfill must be removed and replaced with material
approved by the City and under the City's supervision. Pavement shall
be replaced only upon inspection by the City.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
All excavations regulated by this chapter shall be made in such
manner as not to inconvenience or interfere with the public use or
travel upon the streets, sidewalks, or other public places when possible.
When such use is unavoidably obstructed, the person making such excavation
shall exercise all reasonable dispatch in prosecuting the work so
that the public use will not be obstructed beyond a reasonable time.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
Every person who shall make or cause to be made any excavation in
or adjoining on a public street, highway, or public place shall furnish,
install and maintain at all times along the line of work all such
barricades, signs, lights, and warning signals as may be necessary
to advise, warn, and protect the public from the hazards arising from
the operation. The barricades and traffic control devices shall be
in accordance with the Manual of Uniform Traffic Control Devices,
Millennium Edition (MUTCD).
(b)
During nonworking hours, excavations in the roadway shall be backfilled
with approved granular material to the top of the excavation or shall
be securely covered with steel plates to allow traffic to safely cross
over the excavation. Signs which state "BUMP (MUTCD Sign No. W8-1)"
shall be placed to warn the motorist of the excavation. The steel
plates shall be secured in place with spikes and shall have tapered
edges or shall have installed asphalt along the edge of the plate.
When approved by the City and when the excavation is barricaded and
signed in accordance with this article, traffic may be diverted from
crossing over the steel plates or backfill. In such situation, spikes
and asphalt edging is not required. Excavations in the sidewalk or
adjacent to the street pavement or sidewalk shall be securely covered
or securely fenced during nonworking hours with barricades installed
around the excavation.
(c)
The applicant shall maintain all barricades, traffic control devices
and signs 24 hours a day, seven days a week.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
The excavation application shall include the proposed street, lane
or sidewalk closures, which shall satisfy the following provisions:
1.
No street shall be closed overnight without the permission of the
City Council.
2.
Any street may be partially blocked during construction activities
between the hours of 9:00 a.m. and 4:00 p.m. provided one lane of
traffic is maintained at all times. One-lane signs, barricades, traffic
cones, and traffic control devices shall be furnished, installed and
maintained by the applicant in accordance with MUTCD. If traffic on
the affected one-lane roadway is not visible from one end to the other,
then flagging procedures shall be used to control opposing traffic
flows.
3.
Minor streets may be closed during the hours of 9:00 a.m. to 4:00
p.m. with twenty-four-hour prior notification to the Public Services
Department. The applicant shall furnish, install and maintain detour
signs, road closed signs, barricades and all other traffic control
devices in accordance with MUTCD. Minor streets are all streets maintained
by the City except Kirkwood Road, Geyer Road, Dougherty Ferry Road,
Woodlawn Avenue, Leffingwell Avenue, Ballas Road, Old Big Bend Road
and Essex Avenue. These streets may not be closed at any time without
prior approval of the detour plan by the Director of Public Services
and coordination with the Public Services Department.
4.
Excavation in public streets or sidewalks in the Central Business
District (area bound by and including Taylor Avenue, Clay Avenue,
Woodbine Avenue, and Bodley Avenue) shall require prior approval by
the Director of Public Services and coordination of the Public Services
Department.
(b)
The applicant shall keep the street pavement free of mud and debris
from his operations at all times.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
Except as provided herein, sidewalks may be closed during construction
activities with the permission of the Public Services Department.
Barricades with signs which state "SIDEWALK CLOSED" shall be installed
at each end of the closed section blocking the closed sidewalk.
(b)
The Public Services Department shall not approve the closing of sidewalks
along Kirkwood Road or the Central Business District unless no other
reasonable alternative exists for the applicant to perform the work.
In such cases, the Director of Public Services may require special
provisions as conditions in the excavation permit.
(c)
The applicant shall keep the sidewalk pavement which is not closed
to the public free of mud and debris from his operations at all times.
Any person, firm or corporation who shall violate any provision of this article shall be guilty of an ordinance violation punishable under the provisions of § 1-8 of the Code of Ordinances. Each day a violation exists shall constitute a separate offense.
Whenever, by reason of a present or future City use of the public right-of-way, a public improvement is undertaken by the City, or changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer or other City-owned underground or aboveground structure is made, and it is deemed necessary by the City to move, alter, change, adapt, or conform the underground or aboveground facility on the right-of-way, the owner of the facility shall make the alterations or changes, on alternative rights-of-way provided by the City, if available, as soon as practicable after being so ordered in writing by the City at the facility owner's expense without claim for reimbursement or damages against the City. Failure to promptly comply with such a written order shall be deemed an ordinance violation, punishable under the provisions of § 1-8 of the Code of Ordinances. Each day a violation exists shall constitute a separate offense. The City will endeavor to minimize the interference with previously installed facilities when conducting its own facilities work.
[Ord. No. 8282, 2-3-1994; Ord. No. 9171, § 1, 6-20-2002]
(a)
The applicant shall inform the Director of Public Services of any
damage to City property. The applicant shall inform any other facilities
owner of possible damage to their facilities. The applicant is fully
responsible for reimbursing the facilities owners for damages caused
by the applicant's work to facilities whose existence and approximate
locations were known or should have been known before the damage was
done. Nothing in this article shall make the applicant liable for
damage to facilities located below the ground surface, in the absence
of negligence, if the facility owner, after reasonable notice from
the applicant, fails to advise the applicant of its location and approximate
depth below the ground surface.
(b)
Any and all public rights-of-way disturbed or damaged during the
work shall be promptly repaired or replaced to its previous condition
by the applicant or, at the Director of Public Services' discretion,
by the City, at the applicant's expense.
(c)
Any contractor or subcontractor performing facilities work must be
properly licensed under laws of the State of Missouri and all applicable
local ordinances, and each contractor or subcontractor shall have
the same obligations with respect to its work as an applicant would
have hereunder. Applicant shall be responsible for ensuring that the
work of its contractors and subcontractors is performed consistent
with the applicant's permits and applicable law and shall be fully
responsible for promptly correcting acts or omissions by any contractor
or subcontractor.
(d)
Each applicant shall comply with all applicable federal and state
laws, as well as City ordinances, resolutions, rules and regulations
heretofore and hereafter adopted or established.
(e)
An applicant shall at all times be subject to all lawful exercise
of the police powers of the City, including but not limited to all
powers regarding zoning, supervision of the restoration of the right-of-way,
and control of public rights-of-way.
(f)
No action or omission of the City shall operate as a future waiver
of any rights of the City under this article.
(g)
In placing any facility, or allowing it to be placed in the public
right-of-way, the City is not liable for any damages caused thereby
to a facility which is already in place.
(h)
Nothing herein shall be deemed to relieve an applicant or the City
from the provisions of an existing franchise, license, or other agreement
or permit.
(i)
Nothing in these provisions precludes the City from requiring a franchise
or license agreement from the applicant, as allowed by law, in addition
to the requirements set forth herein.
Inspection fees for each inspection performed shall be as set
by the Council by resolution from time to time. A minimum of two inspections
shall be required for each permit.
