City of St. James, MO
Phelps County
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Table of Contents
Table of Contents
[CC 1985 § 21-36; Ord. No. 701, 2-5-2001]
The terms used in this Chapter shall have the meaning ascribed to them in this Section and shall be construed as indicated in this Section.
CULVERT
A drain running under a road, embankment or driveway.
DRIVEWAY
A private road connecting a building, as a house or garage, with the street.
EMBANKMENT
A mound of earth or stone to hold back water or support a road or driveway.
ROAD
An opening for the passage of persons, vehicles, and animals.
[CC 1985 § 21-37; Ord. No. 701, 2-5-2001]
A. 
It shall be the property owner's responsibility to purchase and install culverts in their driveway.
B. 
No person shall make or cause to be made any culvert installation without written permission of the City of St. James Street Superintendent.
C. 
The permit required by Subsection (B) of this Section shall not be issued by the Street Superintendent until he/she has approved the depth to be dug, the location of the dig and the size of the culvert to be used.
D. 
Any property owner, person, firm, association or corporation violating any of the provisions of this Section shall be deemed guilty of an offense and face a penalty as set forth in Section 100.220.
[CC 1985 § 21-41; Ord. No. 295 §§ 1 — 3, 7-7-1969; Ord. No. 605, 8-2-1999]
A. 
No person shall make or cause to be made any excavations in any public street or alley without written permission of the Director of Public Works to do so, except public work done under the authority of the City Council.
B. 
The permit required by Subsection (A) of this Section shall not be issued by the Director of Public Works until the Director of Public Works has determined the length of the proposed excavation to be made in any street or alley, and such permit shall not be issued by the Director of Public Works until such time as the applicant pays to the City Clerk such sums as shall be determined by the Director of Public Works as necessary to reimburse the City for its costs and expenses incurred in restoring said excavation to its previous condition, but such sums shall not be less than five hundred dollars ($500.00) for excavating in or across or any fractional part of any street of oil mat, or concrete, or blacktop construction, and four hundred dollars ($400.00) for excavating in or across any street or a fractional part thereof of a gravel construction, and four hundred dollars ($400.00) for excavation in or across any alley or any fractional part thereof. The applicant may at his/her option restore the excavation to original condition in accordance with directions provided by the Street Superintendent. Upon restoration satisfactory to the Street Superintendent, the street excavation fee will be returned to the applicant.
C. 
The foregoing sums to be paid to the City Clerk shall be deposited in the Street Fund and used for the restoration to original condition by the City Street Department any street or alley so excavated.
[CC 1985 § 21-42; Ord. No. 522 §§ 1 — 9, 8-31-1993; Ord. No. 557, 10-2-1995; Ord. No. 605, 8-2-1999]
A. 
Non-Refundable Permit Fee. The minimum amount of said permit fee for each excavation or digging into or opening up of any street, alley, avenue, thoroughfare or paved street shall be the sum of one hundred dollars ($100.00) for each separate and distinct typical work or project. Fee for atypical long cuts will be established on a case-by-case basis.
B. 
It shall be unlawful for any property owner, person, firm, association or corporation to make any excavations or ditch for water mains, sewer lines, gas lines, telephone cables, or any other purposes along any street or alley in the City of St. James, Missouri, without first obtaining from the Utility Department of the City of St. James a written permit furnished by the above.
C. 
The property owner, person, firm, association or corporation obtaining said permit shall, immediately after the issuance thereof, give notice to the Street Superintendent, Superintendent of the electrical utility, Superintendent of the water utility, Superintendent of the gas utility, and the Manager of the telephone company stating where said excavation or ditch is to be made and when the work thereon will be commenced, and it shall be the duty of the said parties so notified to point out to said permit holder the exact location of any pipe, conduit, water main, cable, or sewer liable to be damaged by reason of the making of said excavation or ditch, and the same shall be made in such manner as not to injure said pipe, conduit, water main, cable or sewer, and the property owner, person, firm, association or corporation doing said work or having the same done shall be responsible to the party injured for all damages done to said pipes, conduit, water main, cable or sewer, but no person or corporation who has received notice as herein provided and has failed to point out the location of said pipe, conduit, water main, cable or sewer within a reasonable length of time shall be entitled to receive pay for injury thereto unless said injury is caused by the negligence of the party doing said work.
D. 
Where excavations or ditches are made through a bituminous paving or concrete paving of a street or alley, the portion to be removed must be first sawed unless the concrete paving contains granite aggregate, and then sawing is not required, but the said excavation or ditch shall be closed up as speedily as possible after being made, shall be properly guarded at night by sufficient light to prevent accidents to the public, and it shall be the duty of the person making said excavation or ditch to dry tamp the dirt so that the ground is solid when the work is finished. The portion of the paving removed must be replaced by proper paving materials so as to leave the street in a smooth condition when finished.
E. 
The excavation or ditch for which a permit has been issued shall be conducted under the supervision of the Street Superintendent, who shall be notified when the bituminous paving or concrete paving is to be sawed, when the tamping and filling operation is to be started, so that he/she shall be given an opportunity to inspect the same and he/she shall make a final inspection of the closed excavation or ditch before the permit holder shall proceed with restoring the paved portion of the street or alley.
F. 
All parties having said work done or doing the same shall be liable to any property owner, person, firm, association or corporation who have complied with the terms of this Chapter for all damages caused by reason of the making of said excavation or ditch, and shall hold the City of St. James, Missouri, harmless from all liability by reason thereof.
G. 
In an emergency, when delay is likely to endanger health or property, excavation may be begun without the permit, but the required application shall be filed within an hour after the opening of City Hall for business following such emergency start of excavation or within one (1) hour after such emergency start of excavation if during City Hall hours. In such event, the City of St. James Utility shall be notified of the excavation at once.
H. 
All excavation permits, except to property owners, shall not be issued until a bond in the amount of five thousand dollars ($5,000.00) shall be filed conditioned on the faithful performance of the excavation backfilling and resurfacing in accordance with the permit requirements, and until a certificate of insurance has been filed with the City of St. James included as an additional insured, insuring against liability occasioned by the excavation with bodily injury limits of at least one hundred thousand dollars ($100,000.00) and property damage limits of at least fifty thousand dollars ($50,000.00). Such bond and insurance may cover more than one (1) excavation at the applicant's option.
I. 
Any property owner, person, firm, association or corporation violating any of the provisions of this Chapter shall be deemed guilty of an offense and face a penalty as set forth in Section 100.220.
[CC 1985 § 18-42; Ord. No. 399, Art. 4 § 11, 7-3-1978]
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.