[R.O. 1993 § 540.010; CC 1988 § 24-131; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord.
No. 2023-3292, 7-11-2023]
A.
No person or business shall make or suffer to be made within the
City any excavation in any public street, place, walkway, right-of-way
or easement unless and until a permit for such excavation has been
obtained from the Community Development Department in accordance with
the provisions of this Chapter. No exception to this requirement shall
be permitted except:
[R.O. 1993 § 540.020; CC 1988 § 24-132; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 94-2152 § 1, 6-27-1994; Ord. No. 95-2204 § 1, 11-28-1995; Ord. No. 96-2225 § 1(A), 3-12-1996; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2013-2952 § 1, 5-28-2013; Ord. No. 2018-3143, 3-27-2018; Ord. No. 2023-3292, 7-11-2023]
A.
Application for an excavation permit shall be made with the Community
Development Department. An application shall be made in writing, or
under specified circumstances, by telephone. The application shall
contain such information as the Community Development Director, or
his/her designated representative may require regarding the purpose,
location and size of the proposed excavation and the approximate time
when the work thereon will be commenced and completed. When it is
not practical to obtain a written permit prior to excavation, the
person or business may request a permit by telephone, facsimile, or
e-mail communication. In order to obtain a permit without a written
application, the person or business must have on file with the Community
Development Department the name, address and telephone number of the
person's or business's primary business location and a copy of a current
business license. If a telephone application is made, then the person
or business requesting the permit shall file, within two (2) working
days, a written application with the Community Development Department.
A separate permit shall be required for each excavation, and
a fee of two hundred dollars ($200.00) will be charged for cuts up
to and including forty-eight (48) square feet. For cuts over forty-eight
(48) square feet, additional charges of five dollars ($5.00) per square
foot will be added.
B.
If there are three (3) or more excavations within one (1) City block, requested by the same person or company and the street has been overlaid within the past two (2) years, the applicant shall be required to pay the standard fee as outlined in Section 540.020(A) plus an additional one thousand dollars ($1,000.00) per occurrence.
C.
The
penalty for failure to obtain a permit on any utility cut to be performed
or for failing to properly follow any Section within this Chapter,
except when an emergency situation shall exist, shall be a fine of
not less than two hundred fifty dollars ($250.00) per occurrence.
[R.O. 1993 § 540.030; CC 1988 § 24-133; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord.
No. 2023-3292, 7-11-2023]
The Community Development Department shall prepare and keep
at least one (1) copy of the City's specifications for excavation
work on file in the City Clerk's office and the City Community Development
Department, to be available to the public for inspection and use during
all regular business hours. Such specifications shall state the minimum
requirements for cutting of any street or public way, backfill, required
compaction, resurfacing material and time for completing a project.
[R.O. 1993 § 540.050; CC 1988 § 24-135; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord.
No. 2023-3292, 7-11-2023; Ord. No. 2024-3318, 2-27-2024]
A.
Every person or business who makes or causes to be made any excavation
in or adjoining any public street, sidewalk or public place shall
provide, erect, and maintain at all times along the line 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.
B.
The street may not be closed to traffic without the permission of
the City Traffic Engineer or Community Development Director.
C.
Every
person or business who makes or causes to be made any excavations
shall indemnify the City against all liability arising by reason of
such excavations.
[R.O. 1993 § 540.060; CC 1988 § 24-136; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord.
No. 2023-3292, 7-11-2023]
The permit holder shall be liable for any damages occurring
by reason of an excavation and shall save the City harmless from any
claims, damages or causes of actions as a result thereof.
[R.O. 1993 § 540.070; Code 1972 § 32-23; Ord. No. 80-1785 § 1, 12-8-1980; CC 1988 § 24-137; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2023-3292, 7-11-2023]
A.
All utility companies shall, at the option of the City, be billed
at the end of each month for all permits, inspections, fees and charges,
and costs herein provided and incurred by them during the month.
B.
Firms, corporations and other persons who perform excavating shall
be billed at the time of obtaining their permit for all costs herein
incurred.
[R.O. 1993 § 540.080; Code 1972 § 32-24;
CC 1988 § 24-138; Ord. No. 94-2152 § 2, 6-27-1994; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018; Ord.
No. 2023-3292, 7-11-2023; Ord. No. 2024-3317, 2-27-2024]
A.
General Excavation Fill Requirements.
1.
Utility companies may bed any utility lines as per utility company
standards, including, but not limited to, the use of sand or pea gravel.
Any utility company, contractor or subcontractor shall be required
to meet the following specifications: A minimum of four (4) inches
of densely compacted granular bedding and backfill shall be required.
The remaining area consisting of a minimum six (6) inches of the excavation
site or street cut shall be back filled with three-fourths (3/4) inch
clean stone base and compacted. The street cut shall be over-cut an
additional twelve (12) inches on both sides. The utility company,
contractor or subcontractor shall be responsible for an overlay of
ten (10) inches of fiber reinforced or minimum seven (7) sack concrete
mix over two (2) inches of clean stone base. Alleys that have not
been paved will require the same fill regulations for all City streets,
except for replacing the top six (6) inches of excavated area with
like materials as the existing alley.
B.
Backfilling
and resurfacing should be done in such a manner as to match existing
grade of street prior to excavation. This, shall include, but not
be limited to, leaving the surface of the street free from broken
chunks or sections of street asphalt or concrete. Proper backfilling
and resurfacing shall prevent the paved street or public place from
becoming a sinkhole and not cause further damage to the surrounding
street surface.
C.
If
damage is made to the curb and gutter, the utility company, contractor
or subcontractor shall be required to reconstruct the curb and gutter
to match the adjoining existing curb and gutter.
|
Figure A. Backfill And Pavement Repair
|
[R.O. 1993 § 540.090; CC 1988 § 24-139; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018; Ord. No. 2023-3292, 7-11-2023]
The work of placing, compacting and backfilling excavated areas
shall be performed at the sole cost of the person or business making
the excavation. If such person or business is not sufficiently qualified
to perform the excavation work, the person or business making the
excavation may hire an independent contractor to perform such work
to make the necessary changes so as to conform with the City's specifications
for excavation work. Charges and expenses to perform such work shall
be paid by the person or business performing such excavation.
[Ord. No. 2023-3292, 7-11-2023]
Any person or business in making any excavation or tunnel in
or under any public street, alley or other public place in the City
shall restore the surface in accordance with the specifications established
from time to time by the City and on file in the City Clerk's office.
All such restoration shall be performed at the sole expense of the
person or business performing such excavation. Additionally, the person
or business shall have the sole responsibility for all costs of maintenance
and shall unconditionally guarantee the restoration project for a
period of thirty-six (36) months after final completion thereof against
any defective materials, workmanship, or failure to conform with the
specifications including but not limited to any damage or defective
work caused by natural elements, wear and tear, or results of accidents.
[R.O. 1993 § 540.120; Code 1972 § 32-26;
CC 1988 § 24-142; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2023-3292, 7-11-2023]
The Community Development Director, Public Works Superintendent
or designated inspector shall inspect any excavation made under the
provisions of this Chapter as often as they may deem necessary.
[R.O. 1993 § 540.140; Code 1972 § 32-27;
CC 1988 § 24-144; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2023-3292, 7-11-2023]
A.
In making excavations in streets, alleys or sidewalks for laying
service pipes or making repairs, or for any other purpose, the earth,
plank, brick, paving stones or other material removed shall be deposited
in a manner that occasions the least inconvenience to the public and
provides for the passage of water along the gutters.
B.
If any spoils and fill material transported to and from the excavation
site are spilled onto any public street, paved alley or other public
place in the City, such spills shall be immediately cleaned up by
the person or business performing the excavation with the expense
of the cleanup to be the sole responsibility of said individual or
company.
[R.O. 1993 § 540.150; CC 1988 § 24-145; Ord. No. 90-2002 § 2, 5-14-1990; Ord. No. 2002-2514 § 1, 7-9-2002; Ord. No. 2011-2905 § 1, 5-24-2011; Ord. No. 2018-3143, 3-27-2018; Ord. No. 2023-3292, 7-11-2023]
Any person or business who violates any provisions of this Chapter,
or when repair work has not been completed within two (2) weeks, shall
be subject to a fine of not less than two hundred fifty dollars ($250.00)
but not more than five hundred dollars ($500.00) a day until work
is completed, unless special written permission from the Community
Development Director or Public Works Superintendent or designated
agent thereof is granted.
[Ord. No. 2016-3056 § 1, 1-26-2016; Ord.
No. 2023-3292, 7-11-2023]
Sections 319.010 through 319.050, "Underground Facility Safety
and Damage Prevention," also known as "The Missouri One Call Law,"
are hereby incorporated by reference into the Aurora Municipal Code
of Ordinances. One (1) copy of the Underground Facility Safety and
Damage Prevention Statute is on file in the office of the City Clerk
and marked "Official Copy."
