[Ord. No. 237, 1-10-2005]
It shall be unlawful for any person, company, or corporation
to dig up or in any manner make any excavation in any street, alleyway,
sidewalk or public place or to install any driveway connecting to
any City street, alleyway or crossing any City sidewalk or crossing
any public places in the City of Wayland, Missouri, without first
having obtained a permit, hereinafter called an "excavation permit,"
from the City Clerk for the City of Wayland to so do.
[Ord. No. 237, 1-10-2005]
Any person, company or corporation desiring an excavation permit
shall make written application therefor to the City Clerk which shall
designate the place of such excavation with reasonable certainty and
the reasons a necessity exists for such excavation or construction
of a driveway connecting to the City street, alleyway or crossing
any City sidewalk or crossing any public place. If such digging, excavation
or construction of said driveway is intended to be made for a necessary
and lawful purpose, the City Clerk shall issue such permit.
[Ord. No. 237, 1-10-2005]
By acceptance of an excavation permit the permittee agrees to
properly backfill any excavation made and to ensure that there is
no obstruction of proper water drainage in the area so effected.
[Ord. No. 237, 1-10-2005]
The Board of Aldermen shall prepare a schedule of fees to be
paid by the applicant for an excavation permit in such amounts as
the Board of Aldermen may determine to be necessary to cover the cost
of restoring the surface after backfilling of excavations, but in
no event shall be less than two hundred fifty dollars ($250.00). When
the surface is restored by a permittee in a manner satisfactory to
the Board of Aldermen, the fee paid by such permittee shall be refunded
to such permittee; and if the surface is restored by the City, such
fee shall be applied toward the cost of restoration and the excess,
if any shall be refunded to the permittee; and if the fee is insufficient
to cover the cost of restoration of the surface by the City, the permittee
shall be liable to the City to the extent that the cost to the City
exceeds the amount of the fee.
[Ord. No. 237, 1-10-2005]
Permittees under this Chapter shall erect and maintain such
barriers, warning signs and lights, and take such other precautions
as may be necessary to adequately safeguard life, limb and property;
and shall comply with any lawful requirements which the Board of Aldermen
or the City Clerk may impose for this purpose.
[Ord. No. 237, 1-10-2005]
All work done pursuant to an excavation permit shall be prosecuted
diligently and without avoidable delay, to the end that all excavations
shall be backfilled and all constructions of driveways and the repair
and restoration work completed within a reasonable time. Whenever
in the opinion of the City Clerk, a permittee fails to meet the requirements
of this Section, he or she shall notify the delinquent permittee that
the work must be completed and the excavation backfilled within a
period of time to be stated in the notice and failure of the permittee
to comply with such notice shall constitute a violation of this Section.
