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[Ord. No. 1089 §§2-9, 2-12-1974; Ord. No. 2464, 1-9-2023]
As used in this Chapter the following terms have these prescribed meanings:
ALLEY
Pertains to a public thoroughfare for limited traffic use. All alleys within the City so designated on or after February 12, 1974, shall by ordinance, be established as being twenty-five (25) feet wide.
APPLICANT
Pertains to a person, firm or corporation, who is a legal resident or property owner of the City, an authorized assignee or representative empowered to conduct business or provide services within the corporate limits of the City.
CERTIFICATE OF APPROVAL
A duly authorized certificate issued by the Public Works Director as the result of investigation, supervision and inspection, and/or by reasons of accepted principals, that all work indicated on the permit has been completed satisfactorily and in accordance with the stipulations of this Chapter.
CITY
The City of Plattsburg, Missouri.
EASEMENT
Pertains to a parcel of land that is used for the installation of utilities on private property.
PERMIT
A duly authorized covenant between the applicant and the City, attesting that all work authorized by the permit will be completed in accordance with the stipulation of this Chapter.
PUBLIC WORKS DIRECTOR
Pertains to the Public Works Director of the City, to a designee thereof, or to any authorized representative of the City who shall be authorized to perform all functions pertaining to investigation, supervision, inspection, and approval of all work as indicated herein.
STREET
Pertains to a public thoroughfare for general vehicular traffic use. All street rights-of-way within the City shall, by ordinance, be established as being sixty (60) feet wide. Streets may be measured from gutter line to gutter line in the case of paved streets, and thirty (30) feet on each side of the center of the street in the case of unpaved streets.
[Ord. No.1089 §§ 10-13, 2-12-74; Ord. No. 2464, 1-9-2023]
A. 
Permit Required. No person, firm or corporation shall dig upon or penetrate the surface of any street, alley or utility easement within the corporate limits of the City without having first obtained a permit from the City Building Inspector or other appropriate permit-issuing authority.
B. 
Emergency Provision. In the case of an emergency, the Public Works Director shall be notified of the emergency conditions, thereupon, and after review and approval by the Public Works Director, remedial action may be undertaken. It shall thereafter become the responsibility of the prospective applicant to obtain a permit from the Building Inspector or other appropriate permit-issuing authority within forty-eight (48) hours after the emergency condition was discovered.
C. 
Information Required Before Permit Issuance. No permit shall be issued to any applicant until adequate information is furnished to the Building Inspector or other appropriate permit-issuing authority covering the character, amount, kind of proposed work and location and/or any other information that may be requested or required for review purposes at the time of applying for said permit.
D. 
Permit Fees. No permit shall be issued unless the applicant shall have first paid a permit fee to the City in accordance with the following Fee Schedule:
1. 
Minimum fee, up to one hundred (100) square feet of street surface excavated: six hundred seventy-five dollars ($675.00).
2. 
For street excavations greater than one hundred (100) square feet: eight dollars ($8.00) per square foot.
3. 
For any situation whereby the cost to repair the street shall be in excess of twenty-five hundred dollars ($2,500.00), the City may require a performance bond or deposit in the amount of the estimated cost to repair the street prior to allowing work to begin.
[Ord. No. 2464, 1-9-2023]
A. 
No person shall perform any task associated with street excavation on or restoration of City streets if that person is not reasonably competent, experienced, or skilled at performing said task. Likewise, no person shall operate any piece of machinery in the performance of any task associated with street excavation on or restoration of City streets if that person is not reasonably competent, experienced, or skilled in the operation of said machinery.
B. 
All contractors and firms performing any task associated with street excavation on or restoration of City streets for financial compensation shall carry liability insurance and possess all business licenses and occupational licenses as required by City Code.
[Ord. No. 1089 §14, 2-12-1974; Ord. No. 2464, 1-9-2023]
All work authorized by the permit shall be expediently performed by the applicant or his assignees, and in a professional manner.
[Ord. No. 1089 §15, 2-12-1974; Ord. No. 2464, 1-9-2023]
At all times while any work is being performed, or is under construction on the streets, alleys and easements, the applicant to whom the permit is issued, will cause to be displayed applicable warning signs, barricades, lights and flares, for the safety and welfare of motorists and pedestrians, pursuant to any and all traffic control standards adopted by the Missouri Department of Transportation. In addition, flaggers shall be posted to the satisfaction of the Public Works Director, whenever he or she shall so indicate the need for such posting.
[Ord. No.1089 §§17-18, 22, 27, 2-12-74; Ord. No. 2464, 1-9-2023]
A. 
The applicant shall not place or allow to be placed on or over any street or alley, or right-of-way, any sign, device or material which can be construed to be of an advertising nature relative to the permit.
B. 
The applicant shall be responsible for all plant materials adjacent to excavation. Such plant materials as trees, shrubs and turf, if disturbed or destroyed during construction phases, will be replaced by the applicant to the same, or near likeness as possible, to the satisfaction of the Public Works Director and/or the affected property owner.
C. 
The applicant shall be responsible for removing all excavated material from the excavation site in an expedient manner. No material or debris shall be permitted to accumulate on the streets, alleys or easements as a result of the excavation.
D. 
The applicant shall be responsible for finishing all repair or restoration work to the street(s), alley(s) or easements, for which the permit covers, using materials that are the same, or better, than the original materials of the street or alley and of a thickness equal to or exceeding that which was removed during excavation.
E. 
The applicant shall be liable for any damage to public or private property, including, but not limited to, fencing, grass, mailboxes, utility poles, sidewalks, utility lines, dumpsters, street lamps, and parked vehicles which shall be damaged during street excavation or restoration to same.
F. 
The applicant shall be liable for any personal injury or property damage to any vehicle, motorized or not, transiting down a street at the spot of the applicant's excavation, from the time the excavation begins until the time the restoration is complete, if such injury or property damage stems from the applicant's negligence in not properly utilizing barricades, signage, flaggers, or other traffic control devices to safely divert pedestrian and vehicular traffic around the excavation site.
G. 
The applicant shall be liable for any personal injury or property damage as a result of collapse or cave-in of a portion of a street repaired by the applicant pursuant to this Chapter during the ninety (90) calendar day period referenced in Sections 530.100 and 530.110 of this Chapter if such collapse or cave-in was due to improper workmanship or unsatisfactory materials used in the restoration of said street.
[Ord. No. 1089 §16, 2-12-1974; Ord. No. 2464, 1-9-2023]
Construction materials, related machinery and/or equipment shall not be stored on any street, alley or utility easement unless authorized by, and in a manner prescribed by the Public Works Director.
[Ord. No.1089 §§21,23, 2-12-74; Ord. No. 2464, 1-9-2023]
A. 
Trench width as indicated herein shall not be exceeded when excavating in any street or alley, unless otherwise authorized by the Public Works Director. All excavation measurements shall be made from the street or alley finished grade, as follows: For excavation depth to two (2) feet, twenty-four (24) inches; for depths to four (4) feet, thirty-six (36) inches; for depths to six (6) feet, forty-eight (48) inches; for depths to eight (8) feet, sixty (60) inches and for depths to ten (10) feet, seventy-six (76) inches.
B. 
All trench excavations in excess of forty-eight (48) inches in depth shall be shored or reinforced in an approved manner to reduce the possibility of trench wall cave-ins, unless otherwise approved by the Public Works Director.
[Ord. No. 1089 §24, 2-12-1974; Ord. No. 2464, 1-9-2023]
Only gravel or a base layer of sand, topped with a layer of gravel shall be permitted to be used as backfill material. The sand shall be free from debris, or other objectionable, unstable materials. Tamping of backfill material shall be done in a manner or by a method approved by the Public Works Director, prior to tamping. After the excavation has been filled, it shall be flooded and then retamped and filled to the underside (bottom) of the adjacent hard surface of the street or alley, or to the top of the street or alley, as the case may be.
[Ord. No. 1089 §§25-26, 2-12-1974; Ord. No. 2464, 1-9-2023]
A. 
All excavations made into any street, alley or utility easement shall be refilled as soon as feasible. The applicant shall not proceed, however, to close, backfill or resurface any street or alley or easement without first notifying the Public Works Director that such excavation is ready and his or her inspection of the same has been completed.
B. 
Any valves, taps, or service connections to underground utilities made, installed, altered, replaced, or repaired during the course of the street excavation shall be inspected and approved by a representative of each affected utility prior to backfill work commencing.
C. 
The Public Works Director shall be responsible for witnessing and approving backfill operations and for making final inspections of completed work; together with issuing Certificates of Approval no less than ninety (90) days after all work is completed by the applicant.
[Ord. No. 2464, 1-9-2023]
Any responsibilities or authority vested in the Public Works Director in this Chapter may be delegated by the City to the Building Inspector or any other competent person of the City's choosing.
[Ord. No. 1089 §28, 2-12-1974; Ord. No. 2464, 1-9-2023]
Repairs to the street(s), alleys(s) or easements effected by the permit shall be satisfactorily maintained by the applicant for ninety (90) calendar days after the restoration work is completed. If within any part of the ninety (90) calendar day period, the work deteriorates or becomes unsatisfactory in any manner or fails to comply with the stipulations or intent of this Chapter, and said deficiency is not put into satisfactory condition by the applicant within seventy-two (72) hours after notification by the Public Works Director, then the Public Works Director shall proceed to correct said deficiency and shall make a reasonable charge thereto. Any and all such charges shall be indicated on the Certificate of Approval. Upon successful completion of any restoration work within this Section, a new ninety (90) calendar day time period shall begin.
[Ord. No. 2464, 1-9-2023]
The City and the applicant may mutually agree to allow the City, or a contractor working therefor, to perform all or part of the restoration or resurfacing of the street. Should the City and the applicant so mutually agree, the City's expenses for the restoration or resurfacing of the street shall be deducted from amount of permitting fees refunded pursuant to Section 530.120 of this Chapter.
[Ord. No. 1089 §29, 2-12-1974; Ord. No. 2464, 1-9-2023]
A. 
Whenever the applicant shall present to the Building Inspector or other appropriate permit-issuing authority a Certificate of Approval as approved and issued by the Public Works Director, the City Clerk shall refund to the applicant the permit fee, minus the following deductions:
1. 
Twenty-five dollars ($25.00) for permitting-related administrative expenses.
2. 
Thirty-five dollars ($35.00) per day in which one (1) or more on-site inspection(s) was/were conducted by City personnel.
3. 
Actual costs incurred by the City to resurface, repair, or restore the street to like condition it was in prior to the excavation taking place.
[Ord. No. 2464, 1-9-2023]
A. 
If combined total of the City's permitting fee, inspection fees, and costs to resurface, repair, or restore the street to like condition pursuant to Section 530.120 of this Chapter exceed the permit fees collected from the applicant pursuant to Section 530.020 of this Chapter, the applicant shall be responsible to compensate the City the difference.
B. 
In the case that the applicant fails to compensate the City said amount for street excavation and restoration, the City shall maintain the right to utilize all legal recourse to collect such monies, including, but not limited to, levying a special assessment on the applicant's utility bill(s) and placing a tax lien on the property.
[Ord. No. 1089 §30, 2-12-1974]
The issuance or granting of a permit to excavate on any street, alley or utility easement, or the approval of plans and/or specifications, shall not be deemed or construed to be a permit for, or approval of, any violation of the stipulations of this Chapter. No permit purporting to give authority to violate, or cancel the stipulations of this Chapter shall be valid.
[Ord. No. 1089 §31, 2-12-1974]
The issuance or granting of a permit upon plans and/or specifications shall not prevent the City or it's duly authorized representatives from thereafter requiring the correction of errors in said plans and/or specifications, or from preventing work being carried on thereunder, when in violation of this Chapter.
[Ord. No. 1089 §32, 2-12-1974]
This Chapter shall not be construed as imposing upon the City any liability or responsibility for damage resulting from material or workmanship covering the installation of the same thereof, nor shall the City, or any official or employee thereof be held as assuming any such liability or responsibility by reason of investigation, supervision or inspection authorized thereunder.
[Ord. No. 1089 §33, 2-12-1974]
Any person, firm or corporation violating any of the stipulations of this Chapter shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense, for each and every day or portion thereof, during which, any violation of any stipulation of this Chapter is committed, continued or permitted, and upon conviction of any such violation(s), such person, firm or corporation shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) for each offense or imprisoned in the City Jail for not more than thirty (30) days, or by both, such fine and imprisonment.