[R.O. 2009 §24-54; Ord. No. 1842 §1, 2-27-1985; Ord. No. 3927 §I, 5-26-2010; Ord. No. 3951 §I, 11-23-2010; Ord. No. 4718, 4-24-2023]
A.
It
shall be unlawful for any person, firm or corporation to tunnel, core
or drill under or make any excavation in any street, right-of-way
(row), alley or other public place in the City without having obtained
a right-of-way construction permit as is herein required, or without
complying with the provisions of this Chapter.
B.
Any
permit applied for or issued under this Section shall be compliant
with the provisions of this Chapter.
Exemptions: Excavations for the placement of utility poles or
anchors shall be exempt from this Chapter.
C.
Homeowners
may submit a written request for a simplified permit/process and/or
relief from specific provisions of this Chapter. The Director of Building
and Planning shall review such request to determine if such request
would be consistent with the intent of this Chapter. The applicant
must receive a relief permit in writing or will be subject to the
full guideline requirements.
D.
Application
Fee. A seventy-five dollar ($75.00) non-refundable fee shall accompany
any permit application.
[R.O. 2009 §24-55; Ord. No. 1842 §2, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
Applications
for right-of-way construction permits shall be made to the Building
and Planning Department. The Department will not accept applications
which do not comply with the provisions of this Section. The Department
will not accept applications from applications with prior permits
in poor standing with the City.
B.
Applications
shall include the following information:
1.
The location of the intended excavation or tunnel;
2.
The size of the intended excavation or tunnel;
3.
The purpose of the intended excavation or tunnel;
4.
The anticipated timeframe of the excavation;
5.
The applicant's identity and contact information;
6.
Contact information for the applicant's on-site contact;
7.
Contact information for the applicant's emergency contact;
8.
A list of all subcontractors that will work under the applicant's
permit;
9.
An acknowledgment that the applicant, its employees, agents, contractors,
and subcontractors will comply with all ordinances and laws regulating
the work to be done.
C.
The
applicant's emergency contact shall be accessible by telephone at
all times from the commencement of the work through the completion
of the work.
D.
The
applicant shall submit with the application one (1) copy of a site
plan showing the nature of the proposed work. The site plan shall
depict the location of the proposed work with dimensions of its proximity
to the curb, sidewalk, street lights, street trees and other facilities
that may be impacted. The site plan shall measure the total length
of any saw cutting of any pavement (the perimeter of the patch). Submitted
plans shall be folded to a maximum size of eight and one-half (8 1/2)
inches by eleven (11) inches. The number of copies required may be
amended in the sole discretion of the Department, based upon the scale
of the work. The applicant may be contacted for additional information
or revised plans.
E.
If the proposed work would impact any driving lanes, the applicant shall submit with the application one (1) copy of a traffic control plan. All traffic lanes, including parking lanes shall be shown on the plan as well as all proposed traffic control devices. All traffic plans shall be in conformance with Section 515.240 of this Chapter, Details TC-1, TC-2, TC-3 and TC-4, as well as the latest version of Part VI of the Manual of Uniform Traffic Control Devices (MUTCD). Submitted plans shall be folded to a maximum size of eight and one-half (8 1/2) inches by eleven (11) inches. The number of copies required may be amended in the sole discretion of the Department, based upon the scale of the work. The applicant may be contacted for additional information or revised plans.
F.
The
application shall be in duplicate with one (1) copy to be filed with
the Building and Planning Department. The second (2nd) copy shall
be held by the applicant as prima facie evidence of his/her authorization.
All applications shall be delivered to the Building and Planning Department
for approval prior to their issuance.
G.
Upon
final review of the application, a copy of the review form, which
may impose additional requirements on the proposed work, will be attached
to and considered part of the permit.
H.
The
applicant shall be notified when the application has been approved.
The applicant will at that time be notified of all fees, bonds, and
certificates of insurance required prior to issuance of the permit.
I.
A copy
of the permit shall be held on the work site at all times.
J.
Permits
shall expire ninety (90) days from the date of issuance, unless renewed
by the Building and Planning Department.
[R.O. 2009 §24-56; Ord. No. 1842 §3, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
A performance
bond and a maintenance bond in the City's favor to ensure the restoration
of any right-of-way or other public property affected by the proposed
work shall be submitted by the applicant prior to the issuance of
the permit. Such bonds shall be in an amount to be determined by the
City based upon the Building and Planning Department's review of the
permit application and accompanying documents. The bonds shall continue
in full force and effect for a period of twelve (12) months following
completion of the work, and shall cover all work performed by subcontractors
of the applicant. It is the responsibility of the applicant to request
the release of the bonds in writing. The bonds shall be issued by
a surety with an "A" or better rating of insurance in Best's Key Rating
Guide, Property/Casualty Edition, shall be subject to the approval
of the City Counselor and shall contain the following endorsement:
"This bond may not be canceled, or allowed to lapse, until sixty (60)
days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
B.
Applicant
shall maintain for the duration of any permit the following minimum
liability insurance coverage: Workers' Compensation, employer liability
insurance in accordance with all applicable requirements of Missouri
law, and commercial general liability insurance with respect to the
construction, operation, and maintenance of the work, in the minimum
amounts of:
1.
Two million dollars ($2,000,000.00) for property damage resulting
from any one (1) accident;
2.
Two million dollars ($2,000,000.00) for personal bodily injury or
death resulting from any one (1) accident;
3.
Two million dollars ($2,000,000.00) for all other types of liability.
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The applicant and each subcontractor are required to submit
a separate certificate of insurance. All insurance policies shall
be with sureties qualified to do business in the State of Missouri,
with an "A" or better rating of insurance by Best's Key Rating Guide,
Property/Casualty Edition. All general liability insurance policies
shall name "the City, its officers, boards, board members, commissions,
commissioners, agents, and employees as additional insureds" and,
shall further provide, that any cancellation or reduction in coverage
shall not be effective unless thirty (30) days' prior written notice
thereof has been given to the City Clerk.
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C.
All
contractors and subcontractors shall maintain proper licenses including
City of Festus contractors license. All applicable Federal, State,
County and City of Festus laws, ordinances and regulations also shall
be followed, and the issuance of this permit does not relieve the
permit holder of the responsibility obtaining other permits required
by this or any other agency having jurisdiction.
[Ord. No. 4718, 4-24-2023]
[R.O. 2009 §24-57; Ord. No. 1842 §4, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
It
shall be unlawful to make any such excavation or tunnel in any way
contrary to this Chapter or the terms of the permit issued. Proper
bracing shall be maintained to prevent the collapse of adjoining ground.
In excavations, the excavation shall not have anywhere below the surface
any portion which extends beyond the opening at the surface.
B.
No
injury shall be done to any pipes, cables or conduits in the making
of such excavations or tunnels; and notice shall be given to the persons
maintaining any such pipes, cables or conduits or to the City Department
or officer charged with the care thereof, which are or may be endangered
or affected by the making of any such excavation or tunnel before
such pipes, cables or conduits shall be disturbed.
C.
No
unnecessary damage or injury shall be done to any tree or shrub or
the roots thereof. If an excavation is being made in the vicinity
of a tree located on the right-of-way, the Public Works Department
is to be contacted for their input in keeping the tree alive and healthy.
If the tree does not remain healthy for one (1) year subsequent to
the completion of the work, the permit holder will be charged for
replacing same tree.
[R.O. 2009 §24-58; Ord. No. 1842 §5, 2-27-1985; Ord. No. 4718, 4-24-2023]
If any sidewalk is blocked by any such work, a temporary sidewalk
shall be constructed or provided which shall be safe for travel and
convenient for users.
[R.O. 2009 §24-59; Ord. No. 1842 §6, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
Any
person, firm or corporation making any excavation or tunnel in or
under any public street, alley or other public place in the City shall
restore the surface to its original condition if there is no pavement
there. Refill shall be properly tamped down and any bracing in such
tunnel or excavation shall be left in the ground.
B.
Any
opening in a paved or improved portion of the street shall be repaired
and the surface relayed by the applicant in compliance with the ordinances
of the City of Festus and under the supervision of the Superintendent
of Streets.
[R.O. 2009 §24-60; Ord. No. 1842 §7, 2-27-1985; Ord. No. 4718, 4-24-2023]
The Superintendent of Streets shall from time to time inspect
or cause to be inspected all excavations and tunnels being made in
or under any public street, alley or other public place in the City
to see to the enforcement of the provisions of this Chapter. Notice
shall be given to him/her at least ten (10) hours before the work
of refilling any such tunnel or excavation commences.
[R.O. 2009 §24-61; Ord. No. 1842 §8, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
It
shall be the duty of every person cutting or making an excavation
in or upon any public place to place and maintain barriers and flagmen
and/or other warning devices necessary for safety of the general public.
Barriers, warning lights, lights, etc., shall conform to the requirements
of all applicable City ordinances. Warning lights shall be flares,
torches, lanterns, electrical markers or flashers used to indicate
a hazard to traffic from sunset of each day to sunrise of the next
day.
B.
The
permit holder shall take appropriate measures to assure that during
the performance of the excavation work, traffic conditions as near
normal as possible shall be maintained at all times so as to minimize
inconvenience to the occupants of the adjoining property and to the
general public.
C.
Lane
drops shall not be set up prior to 9:00 A.M. and shall be removed
no later than 4:00 P.M.
D.
Where
traffic conditions permit, the Superintendent of Streets may by written
approval permit the closing of streets and alleys and to all traffic
for a period of time prescribed by him/her, if in his/her opinion
it is necessary. Such written approval may require that the permit
holder give notification to various public agencies and the general
public. In such cases, written approval shall not be valid until such
notice is given.
[R.O. 2009 §24-62; Ord. No. 1842 §9, 2-27-1985; Ord. No. 4718, 4-24-2023]
The excavation work shall be performed and conducted so as not
to interfere with access to fire hydrants, fire stations, fire escapes,
water gates, underground vaults, valve housing structures and all
other vital equipment that is designated by the Superintendent of
Streets, Fire Chief and Superintendent of the Water and Sewer System.
[R.O. 2009 §24-63; Ord. No. 1842 §10, 2-27-1985; Ord. No. 4718, 4-24-2023]
The permit holder shall maintain safe crossings for two (2)
lanes of vehicle traffic at all street intersections where possible
and safe crossings for pedestrians at intervals of not more than three
hundred (300) feet. If any excavation is made across any public street,
alley or sidewalk, adequate crossings shall be maintained for vehicles
and pedestrians. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, a passageway
at least one-half (1/2) of the sidewalk width shall be maintained
along said sidewalk line.
[R.O. 2009 §24-64; Ord. No. 1842 §11, 2-27-1985; Ord. No. 4718, 4-24-2023]
The permit holder shall not interfere with any existing facility
without the written consent of the Superintendent of Streets or Superintendent
of the Water and Sewer System and/or the owner of the facility. If
it becomes necessary to relocate an existing facility, this shall
be done by its owner. No facility owned by the City shall be moved
to accommodate the permit holder unless the cost of such work be borne
by the permit holder. The cost of moving privately owned facilities
shall be similarly borne by the permit holder unless it makes other
arrangements with the owner of the facility. The permit holder shall
support and protect by timbers or other means, pipes, conduits, poles,
wires or other apparatus which may be in any way affected by the excavation
work and do everything necessary to support, sustain and protect them
under, over, along or across said work. In any case any said pipes,
conduits, poles, wires or apparatus should be damaged, the permit
holder shall promptly notify the owner thereof. All damaged facilities
shall be repaired by the agency or person owning them and the expense
of such repairs shall be charged to the permit holder. It is the intent
of this paragraph that the permit holder shall assume all liability
for damage to facilities and any resulting damage or injury to anyone
because of such facility damage and such assumption of liability is
a contractual obligation of the permit holder. The City shall not
be made a party to any action because of this Section. The permit
holder shall inform itself as to the existence and location of all
underground facilities and protect the same against damage.
[R.O. 2009 §24-65; Ord. No. 1842 §12, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
The
permit holder shall at all times and at his/her or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permit holder shall obtain consent from the owner of
such private property for such purpose and if he/she cannot obtain
such consent, the permission shall be obtained at the permit holder's
expense. The permit holder shall, at its own expense, shore up and
protect all buildings, walls, fences or other property likely to be
damaged during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from its failure to properly protect and carry out said work. Whenever
it may be necessary for the permit holder to trench through any lawn
area, said area shall be reseeded or the sod shall be carefully cut
and rolled and replaced after ditches have been backfilled as required
by this Chapter. All construction and maintenance work shall be done
in a manner calculated to leave the lawn area clean of dirt and debris
and in a condition as near as possible to that which existed before
such work began. Permit holder shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas without first
obtaining the consent of the City.
B.
Any
existing utility markings, survey markings, monuments and landmarks
shall be preserved and maintained. All sidewalks, steps, driveway
approaches, drainage facilities, erosion protection and/or roadway
appurtenances in general which are removed or damaged shall be repaired
to the satisfaction of the City of Festus. Permit holder shall protect
roadway plant material, including trees and shrubs. Such materials
and turf that are disturbed shall be restored. Trees and shrubs shall
remain undisturbed. In case of damage to other facilities located
on City of Festus right-of-way that are placed with permission, permit
holder shall repair or replace such property to the satisfaction of
the owner. Permit holder shall be responsible for such repairs and
will remain responsible for six (6) months.
C.
The
Permit holder agrees to perform all work in accordance with this permit
and to indemnify and hold harmless the City of Festus, it's officers,
agents and employees from all liability, judgments, costs, expenses,
and claims growing out of damage, or alleged damages of any nature
to any person or property arising out of performance or non-performance
of said work or the existence of facilities and/or appurtenances thereof.
[R.O. 2009 §24-66; Ord. No. 1842 §13, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
Material
and equipment shall not be stored on roadway pavement, roadway shoulders,
or in any portion of the right-of-way. If the permit holder is performing
work on or has a right to the property adjacent to the City's right-of-way,
all materials and equipment shall be stored on that property. Any
equipment used or transported on City streets, sidewalks, adjoining
property, or infrastructure whether public or private shall be equipped
to protect the aforementioned areas. Metal tracks are specifically
restricted from any hard surface.
B.
All
material excavated from trenches and piled adjacent to the trench
or in any street shall be piled and maintained in such manner as not
to endanger those working in the trench, pedestrians or users of the
streets and so that as little inconvenience as possible is caused
to those using streets and adjoining properties. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the Superintendent of Streets shall have the authority
to require that the permit holder haul the excavated material to a
storage site and then rehaul it to the trench site at the time of
backfilling. It shall be the responsibility of the permit holder to
secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites.
C.
All
material excavated shall be laid compactly along the side of the trench
and kept trimmed so as to cause as little inconvenience as reasonably
possible to vehicular and pedestrian traffic or as specified by the
Superintendent of Streets.
[R.O. 2009 §24-67; Ord. No. 1842 §14, 2-27-1985; Ord. No. 4718, 4-24-2023]
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and other debris resulting
from such work. All cleanup operations at the location of such excavation
shall be accomplished at the expense of the permit holder and shall
be completed to the satisfaction of the Superintendent of Streets.
From time to time, as may be ordered by the Superintendent of Streets
and in any event immediately after completion of said work, the permit
holder shall, at his/her or its own expense, cleanup and remove all
refuse and unused material of any kind resulting from said work and
upon failure to do so within twenty-four (24) hours after having been
notified to do so by the Superintendent of Streets, said work may
be done by the Superintendent of Streets and the cost thereof charged
to the permit holder and the permit holder shall also be liable for
the cost thereof under the performance bond, cash bond or cash deposit
provided hereunder.
[R.O. 2009 §24-68; Ord. No. 1842 §15, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
The
permit holder shall maintain all gutters free and unobstructed for
the full depth of the adjacent curb and for at least one (1) foot
in width from the face of such curb at the gutter line. Whenever a
gutter crosses an intersection street, an adequate waterway shall
be provided and at all times maintained.
B.
Roadway
ditches, culverts and other such devices used to carry surface run-off
shall be always kept open and clean of debris or other materials.
Permit holder shall utilize Best Management Practices (BMP) to prevent
storm water pollution.
[R.O. 2009 §24-69; Ord. No. 1842 §16, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
General
Standards.
1.
Heavy-duty pavement breakers may be prohibited by the Superintendent
of Streets when the use endangers existing substructures or other
property.
2.
Saw cutting or Portland cement concrete will be required when the
nature of the work or the condition of the street warrants same. When
required, the depth of the cuts shall be not less than one (1) inch
in depth; however, depths greater than one (1) inch may be required
by the Superintendent of Streets when circumstances warrant same.
Saw cutting may be required by the Superintendent of Streets outside
the limits of the excavation over cave-outs, over breaks and small
floating sections.
3.
Approved cutting of bituminous pavement surface ahead of excavations
will be required by the Superintendent of Streets to confine pavement
damage to the limits of the trench.
4.
Sections of sidewalks shall be removed to the nearest scoreline or
joint.
5.
Unstable pavement shall be removed over cave-outs and over breaks
and the subgrade shall be treated as the main trench.
6.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the centerline of the trench.
7.
Cutouts outside of the trench lines must be normal or parallel to
the trench.
8.
Boring or other methods to prevent cutting of new pavement may be
required by the Superintendent of Streets.
9.
Permit holder shall not be required to repair pavement damage existing
prior to excavation unless the cut results in small floating sections
that may be unstable in which cases permit holder shall remove and
pave the area.
11.
All crossing roads shall be bored or pushed.
12.
Any crossing of City utilities shall be potholed and located prior
to work in that location.
13.
Any voids occurring because of boring or pushing casings or other
facilities under roadways or approaches shall be filled to the satisfaction
of the City.
14.
Open cuts in pavements or stabilized shoulders shall be made only
if specifically authorized by the City and repaired to City specifications.
15.
All underground installations shall have a minimum cover of thirty
(30) inches, except parallel direct burial underground telephone/data
cable, which may have a minimum of twenty-four (24) inches of cover.
All underground water line installations shall have a minimum cover
of forty-two (42) inches.
16.
Repairs and restoration shall comply with all applicable Sections
of this Code, including but not limited to Building, Construction,
and Plumbing Codes.
B.
For
Street Excavations.
1.
All excavations shall be saw cut full depth.
2.
Fill/subgrade material shall be one (1) inch minus limestone aggregate
only.
3.
Subgrade elevation shall be nine (9) inches below existing pavement
grade.
4.
Asphalt wearing surface shall be three (3) inches of MoDOT's Type
BP-2.
5.
All saw cuts shall be squared up with vertical edges prior to paving.
6.
Edges of the patch shall be sealed with SS1 or equal product.
C.
For
Tree Lawn Area (Between Sidewalk And Curb) Or Road Surface To Right-Of-Way
Area — Excavations.
D.
For
Concrete Sidewalk Excavations.
1.
Fill/subgrade material shall be one (1) inch minus aggregate, mechanically
compacted in one (1) foot lifts.
2.
Base material shall be one (1) inch minus crushed limestone, mechanically
compacted and installed as needed to bring the elevation within five
(5) inches of sidewalk finish grade.
3.
Rigid concrete forms are to be used to set up the sidewalk area for
pouring.
4.
Concrete sidewalk shall be five (5) inches of six (6) sack concrete,
attaining a three thousand five hundred (3,500) psi in seven (7) days.
Fiber expansion joints are to be installed every fifteen (15) feet
with control joints being grooved every five (5) feet.
E.
For
Concrete Driveway Approach Excavations.
1.
Fill/subgrade material shall be soil, mechanically compacted in one
(1) foot lifts.
2.
Base material shall be one (1) inch minus crushed limestone, mechanically
compacted and installed as needed to bring the elevation within seven
(7) inches of driveway approach finish grade.
3.
Rigid concrete forms are to be used to set up the driveway approach
for pouring.
4.
Concrete approach shall be seven (7) inches of high-early concrete,
attaining a three thousand five hundred (3,500) psi in twenty-four
(24) hours.
[R.O. 2009 §24-70; Ord. No. 1842 §17, 2-27-1985; Ord. No. 4718, 4-24-2023]
Except as indicated elsewhere in this Chapter, all backfilling
under any pavement or sidewalk shall be accomplished with one (1)
inch minus limestone mechanically compacted to the surface. Backfill
material in excavations not under paved areas or sidewalks shall be
a fine material, free from lumps and stone, selected from the spoil
and shall be mechanically compacted and placed in twelve (12) inch
lifts to the surface.
[R.O. 2009 §24-71; Ord. No. 1842 §18, 2-27-1985; Ord. No. 4718, 4-24-2023]
After an excavation has commenced, the permit holder shall prosecute
with diligence and expedition all excavation work covered by the excavation
permit and shall promptly complete such work and restore the street
to the specifications of this Chapter within seven (7) calendar days
of base course installation, unless a longer time is specifically
authorized by the permit approved by the Building and Planning Department.
The Building and Planning Department may grant, in writing, extensions
where warranted in the opinion of the Department.
[R.O. 2009 §24-72; Ord. No. 1842 §19, 2-27-1985; Ord. No. 4718, 4-24-2023]
Nothing in this Chapter shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe or for
making repairs; provided that the person making such excavations shall
apply to the City for such permit on the first (1st) working day after
such work is commenced.
[R.O. 2009 §24-73; Ord. No. 1842 §20, 2-27-1985; Ord. No. 4718, 4-24-2023]
A.
The
Superintendent of Streets shall make such inspections as are reasonably
necessary in the enforcement of this Chapter. The Superintendent of
Streets shall have the authority to promulgate and cause to be enforced
such rules and regulations as may be reasonably necessary to enforce
and carry out the intent of this Chapter.
B.
After
all disturbed right-of-way has been restored and cleaned up in accordance
with the provisions of this Chapter, a final inspection by the Public
Works Department is required to close the permit.
[Ord. No. 4718, 4-24-2023]
Working hours on any work permitted under this Chapter shall
be from 7:00 A.M. through 4:00 P.M. Monday through Thursday, and 7:00
A.M. through 2:00 P.M. on Fridays. No work on any work permitted under
this Chapter shall be performed outside working hours except on an
emergency basis or with prior approval of the Building and Planning
Department. In the event of an emergency, the permit holder shall
notify the City of the nature and extent of such emergency as soon
as practicable.
[Ord. No. 4718, 4-24-2023]
A.
All
access structures permitted in streets, alleys and approaches shall
meet or exceed AASHTO standards for manholes. The manhole shall have
the name of the owner or type of facility permanently stamped on the
lid.
B.
All
access structures in the sidewalk shall use a Quazite Composolite
"PG" style service box or equivalent to be approved by the Department
of Public Works. The service box shall have the name of the owner
or type of facility permanently stamped on the lid. The City is to
be provided a key for emergency access.
[Ord. No. 4718, 4-24-2023]
A.
A stop
work order will be issued for any work performed in any street, right-of-way
(ROW), alley or other public place in the City outside the specifications
of a permit issued under the provisions of this Chapter, including
any work commenced without a permit.
B.
The
penalty for commencing work without a permit issued under the provisions
of this Chapter or for violating a stop work order shall be one hundred
dollars ($100.00) per day.
C.
All
appeals of the provisions of this Chapter must be submitted, in writing,
to the Building Official and City Administrator.
[Ord. No. 4718, 4-24-2023]
