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HomeMy WebLinkAbout - Requirement of Permit for ExcavationsBILL NO.~ ORDINANCE NO. / ~~`~`S AN ORDINANCE REQUIRING A PERSON TO OBTAIN A PERMIT AND TO MAKE A DEPOSIT PRIOR TO CUTS AND EXCAVATIONS IN, THROUGH, .~. OR UNDER ANY PUBLIC WAY, RIGHT OF WAY OR ANY OTHER PUBLIC PLACE; DEFINING PUBLIC WAY AND RIGHT OF WAY; PROVIDING FOR THE REPAIR OF DAMAGE CAUSED UNDER THE PERMIT TO THE PUBLIC PLACE INCLUDING THE PRIVATE DRIVES AND ROADS CROSSING SUCH PUBLIC PLACES; PROHIBITING THE INSTALLATION OR PLACEMENT OF OBSTRUCTIONS OR OTHER ENCROACHMENTS OF ANY TYPE, ON, IN OR ABOVE ANY PUBLIC PLACE OF THE CITY EXCEPT AS SPECIFICALLY OTHERWISE PROVIDED FOR BY ORDINANCE; AND PROVIDING SANCTIONS AND CRIMINAL PENALTIES FOR VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. DEFINITION OF RIGHT OF WAY AND PUBLIC WAY. A. RIGHT OF WAY. For the purposes of this ordinance, right of way shall include but is by no means confined to the following: All of the public way, as defined in subsection B below; and in addition, all of the area between the public way, extending perpendicularly in either direction to the point where the public property ends. B. PUBLIC WAY. Shall include that portion of the right of way wherein grading, clearing, compaction, macadamizing, asphalting, the spreading of gravel or concrete or other surfacing material, and other improving has taken place in order to enhance the transportation throughout the City of motor vehicles, including streets, alleys, highways, and other lanes of public ambulation. Section 2. PERMIT REQUIRED. No person shall make or cause to be made any cuts or excavations in, through or under any public way, right of way, or public place in the City for any purpose whatsoever without a permit therefor being first obtained from the City official in charge of public works, which permit shall not be issued until the applicant has complied with the sections of this ordinance. Section 3. APPLICATION FOR PERMIT. All applications for a permit under the provisions of this ordinance shall be signed by the person, or his duly authorized representative, who desires to do the work designated in the application. Such application shall not be assignable. The applicant for permit shall designate on a map or diagram attached to the application, the location of the proposed cut or excavation to be made, in such a manner that the house number or lot number in front of which and the side of the street upon which the same is to be made is plainly indicated. The map or diagram shall also show the dimensions and character of the proposed cut or excavation. The applicant will provide satisfactory evidence of liability insurance of at least $100,000/$300,000/$50,000 including the City as an additional insured. Section 4. PERMIT FEE. A sum equal to one percent (1$) _ of the bond required by Section 5 of this ordinance with a min- imum of Twenty-Five Dollars ($25.00) shall be charged for each permit issued under this ordinance. Such fee, if paid by a negotiable instrument shall be made payable to "CITY OF RIVERSIDE, MISSOURI". If paid by cash, such cash shall be remitted to the City with the application and shall be deposited to the credit of the general fund. Section 5. DEPOSIT PREREQUISITE TO PERMIT. A. AMOUNT, PURPOSE. Before any permit under this Ordinance shall be issued, the applicant for such permit shall have deposited with the City Treasurer an amount equal to Twenty Dollars ($20.00) per square foot of cut or excavation in, through or under any public way, right of way, or public place with a minimum fee of Two Hundred Dollars ($200.00) lawful money of the United States. This money shall be maintained and held, and shall constitute a special deposit, the object of such deposit being to protect the City on account of any expense it may incur in repairing, refilling, paving or resurfacing to its prior condition any public way, right of way, or other public place damaged by any unrepaired, cut or excavation that was made pursuant to the permit. B. WITHDRAWAL. Any person desiring to withdraw the deposit shall notify the city official in charge of streets who shall thereupon certify to the director of public works as to the amount of any unexpended balance of such deposit, together with a statement of any charge due the City growing out of any liability herein provided for, and after deducting all lawful charges due or to become due the City for any liability hereunder, the balance shall be returned to such person. Section 6. PERMITTEE TO REPAIR AND RESTORE PUBLIC WAYS, RIGHT OF WAYS; AND OTHER PUBLIC PLACES. Prior to abandoning a permit site, the permittee shall restore, repair, and other- wise reconstruct all public ways, which permittee's activities have damaged to their previous condition and cuts through City's streets shall be refilled with crushed limestone material equal to AB-3 and 6 inch high layers compacted to 95~ of standard protraction and surfaced with same material in the ~, same thickness as removed in accordance with specifications of Kansas City Chapter of A. P. W. A. (American Waterworks Association) which is attached hereto, marked Exhibit "A" and made a part of this Ordinance as though fully set out therein and in addition shall remove and dispose of extracted earth. Such reconstruction and repairs shall restore all grades, slope and curve elevations. This section applies with equal force to disturbed private drives and crossings within the City's right of way boundaries. All construction outside of the public way but within the right of way or in any other public place shall be restored to at least ninety percent (90~) compaction and the pertinent grade and curve elevation shall be maintained and the area shall be returned to its pre-existing natural state including resodding. Section 7. TIME LIMIT ON PERMIT. The time for a permit to expire shall be shown on the face thereof but in no event shall such permit exceed 90 days duration. Section 8. REQUIREMENT OF DRILLING IN CERTAIN PUBLIC WAYS. The City Engineer is authorized to post with the City Clerk a list of streets where no cutting can take place and where drilling under the public way is required. On those streets the applicant is required to drill under the public way in a manner approved by City Engineer. Section 9. SANCTIONS FOR NON-COMPLIANCE OR FOR ACTIVITY BEYOND THE SCOPE OF THE PERMIT. For failure to comply with 1 this ordinance by the permittee or for cuts or excavation exceeding permit specifications, the City has the following cumulative remedies: A. The City may bill the permittee or the non-permitted excavator or cutter for the costs of any and all repair and construction necessitated by the damage. B. The City may retain and apply against the repair cost all or any portion of the prerequisite deposit. C. The City may debar and otherwise suspend the permittee or non-permitted excavator or cutter from eligibility for future permits until said costs are re-imbursed. D. The City may repair damages and if relief against the permittee or non-permitted excavator or cutter is not otherwise available, assess costs or repair against the abutting tract of private land as a public lien thereon. Section 10. PROHIBITION OF OBSTRUCTIONS AND ENCROACHMENTS ON, OVER, OR IN PUBLIC WAYS, RIGHT OF WAYS OR OTHER PUBLIC PLACES; EXCEPTION; NOTICE TO VIOLATORS. It shall be unlawful for any person to deposit, place, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any public way, right of way, or any other public place except as specifically otherwise provided for by r ordinance. Passage of this ordinance shall constitute notice to the public generally, and all encroachments and obstructions t, existing on, in or over such public ways, rights of ways and other public places shall be removed promptly and in any event not later than 60 days after passage of this ordinance. Section 11. EMERGENCY PROCEDURE. The Director of Public Safety is authorized to grant emergency permits under such terms as he may deem appropriate, in the event of a necessity of an emergency utility repair or other compelling reason. Section 12. CRIMINAL PENALTY. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and may be punished by $1.00 or up to a fine of $500.00 and three (3) months in the city jail or by both such fine and imprisonment. Section 13. CODE SECTION DESIGNATION. This ordinance shall be denominated code section 17.1 and the City Clerk is authorized to insert this ordinance in the code. Section 17.1 in its former form is hereby repealed. PASSED THIS a,~Q~DAY OF ~. 1977. Ma or ATTEST: City Clerk APPROVED THIS a /,Q~' DAY OF ~(1~~~~ 1977 .