HomeMy Public PortalAboutORD11955 -'.�',5�,a 4�w j�t Pt','t�• � ��`°e+""k`§`t?b' "`�� %+;�r ha'.4 .�'�1t�k�d��aits5 }�'{"p�Xf!t�r i�t�a�.a5,>,rµ,�j�,�i tk+ar�`
BILL NO. 93-72
SPONSORED BY COUNCILMAN HAAKE
ORDINANCE NO. 11955
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE V
OF CHAPTER 32 AS IT PERTAINS TO EXCAVATIONS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
t '
AS FOLLOWS:
Section 1. The Code of the City of Jefferson, Missouri, is hereby amended by
' amending of Article V, Sections 32-127 through 32-147, of Chapter 32 to read as
follows:
ARTICLE V. EXCAVATIONS
DIVISION 1. GENERALLY
Sec. 32-127. Definitions.
x For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Arterial Street. A roadway which is functionally classified
as carrying traffic on cross town trips. Roadways shall be so
designated by the director of public works.
Business hours. All-perieds
'
houfs. The hours between 8:00 a.m. and 5:00 p.m., Monday
through Friday, except City holidays.
Director. Director of Public Works or a designated
representative.,
Disturbance of ria►ht-of-way. Any movement of earth,
movement of existing facility, or placement of new facility on
right-of-way.
, PeAland
bituminous ffiateFial-.
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Nonbusiness hours. u F -131; legal
holiday, A—rn
of the Nlowing4ay, A11 periods of time other than business hours.
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Public utility. Any utility
eemmissiei} engaged in the business of selling and supplying natural
gas, electricity, water, sanitary sewer, er telephone, or cable
television service to residents of the
Right-of-way. All land within the city dedicated or conveyed to
the city for public use, or used by the public, for streets, alleys, avenues,
' drives, boulevards or other public ways.
Roadway. Any street, alley, avenue, drive or boulevard or other
public way within the city.
Uaimmeye4-veadway, Amy roadway m4thin the -6453-that has a
sheet-asphal t-r'Ael- o- l.'�, �vur�-mtxuC
Unimproved right-of-way. Any right-of-way within the city
lying outside of a roadway or upon which there is no roadway.
Sec. 32-128. Permit required.
x A. Except as provided in subsections (B) and (C) of this section,
a person shall not disturb, excavate, or cause an a disturbance or
excavation to be made in; any roadway or right-of-way, without first
obtaining a permit from the director a pgbhe works. Should an
excavation in an unimproved right-of-way require excavation in
an intersecting roadway, an additional permit shall be obtained
for a roadway excavation.
B. Upon a failure in the facility of any public utility,
necessitating immediate repair to prevent injury to persons or property
or to restore essential public utility service, a public utility, upon
P notification to of the director of during business hours er
the pAe��aAment hetws,, may make any
excavation necessary to remedy the failure, without first obtaining a
permit.
C. A permit will not be required for installation of
service lines to serve new home construction in the unimproved
right-of-way in newly developing subdivisions if the unimproved
right-of-way is adjacent to the property being served. In such
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cases, the surface of the unimproved right-of-way shall be
restored when the lawn is completed.
D. Once a permit has been closed, any additional work
' will require a new permit, and the base fee will be charged
again.
Sec. 32-129. Permit application.
A. During normal business hours applications for permits shall
be filed with the director of pub!ie-weFka on forms provided by him the
director. The form shall provide appropriate spaces for the name,
location and type of surface construction of the roadway or right-of-way
to be excavated, the estimated dimensions of the area to be excavated,
the estimated cost and the actual cost of the permit, the probable period
of excavation and such other information as may be required by the
director of public woAs.
B. When an excavation is required in any roadway or right-of-
way during nonbusiness hours to correct a failure in any private utility
or sanitary sewer service, the excavator shall apply to the director of
publie-werks for a permit before 12:00 noon of the next business day.
C. Any public utility causing an excavation to be made under the
provisions of subsection (B) of section 32-128 shall apply to the director
of pubhe-woAs for an excavation permit before 12:00 noon of the next
business day.
Sec. 32-139. Permit fees, deposits, and issuance.
A. Upon receipt of an application for a permit required by this
division, the director shall compute and subscribe thereon the estimated
cost of the permit from the following schedule of fees:
1. On the unimproved
portion of any right-of-way within : ,hie ^^
, a flat fee of fifteen
twenty-five dollars ($16:00) ($26.00) for any
' excavation. T44s eest shag be added to any „the
ef-th4s-subseetion.
2, On tinimproved loose gravel
eFusneaa
rna. ays n flat fee of fifteen dollars ($15.00). On
etfn
On
roadways,a base charge of seventy-five dollars
($?6.00).
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. On bituminous
roadways, other than those with areas in
excess of 100 square feet, a charge of$2.26 per
square foot of surface area if the permit holder
chooses to have the department of public
works replace the surface course.
4.
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. The base fee for
any roadway excavation permit and the flat fee
for any unimproved right-of-way permit shall
be double the rates stated in paragraphs (1)
and (2) of this subsection if the application for
permit is not made in accordance with section
32-120.
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eerie-feet. For use of city owned plates to
Protect excavations from traffic, a charge of
$5.00 per plate per day.
6. For a bundle of 25 lathes to be used to display
excavation permit cards at sites, a charge of
I $7.50.
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7- For resetting of street signs, a charge of$25.00
per sign„
8. For repair of street SignS9 Signs signal
cables other city facilities, a charge based on actual
cost for materials, equipment, and labor.
9. For completion of work not done in a timely
manner, or correction of deficient work, a
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`+ charge based on actual costs of materials,
'o; ► equipment and labor.
Any person desiring to do the baekAlling, eompaeti g -aria
repaving resurfacing work Asel€rather than having the city do such
work, shall pay only the minimum charge for the typ"f readvmy work
ie being done en. , ' ,�, will
on the ade.1 .1 if- ninety.;4
days
we- ee-HaMple-tion.
B. Except as provided in subsection (C) of this section, the
applicant shall deposit the amount of the estimated cost of the permit
' payable to the city. The director of pubhe wei4s shall then issue the
k applicant a permit and permit card authorizing the excavation described
in the application,
C. A public utility or any other person, at the discretion of the
director ewe-weirs, may deposit with the finance department the
sum of one thousand dollars ($1,000.00) in cash or certified check
payable to the city and thereafter pay to him on the first day of each
month the actual cost of all permits previously issued to the public
utility or person for excavations which have been backfilled azad
` completed since the first day of the preceding month. In lieu of such
cash or check, a corporate surety bond may be filed with the city clerk,
to be approved by the mayor, conditioned on performance by the
applicant of this subsection.
D. The director of publie-works shall compute the actual cost of
v: each permit by exact measurement of the excavated area. If the
Y estimated cost exceeds the actual cost of the permit, the overpayment
"Y shall be refunded or credited to the next permit applied for, at the
option of the permit holder. If the estimated cost is less than the actual
cost of the permit, the applicant shall be billed for the additional
amount, which shall then be due and payable.
E. The director of publie-works shall not issue a permit to:
1. Any person indebted to the city for a previous
permit under any provision of this article.
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2. Any public utility failing to comply with the
provisions of subsection (C) of this section.
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3. Any person or public utility for a period of one year,
when the person or public utility has been convicted
of two (2) or more separate violations of any of the
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provisions of this article within a period of twenty-
four (24) consecutive months. Such period of one
year shall commence on the date of the second
conviction.
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Sec. 32-131. Display of permit.
Each excavation permit shall be in the possession of a person
present at the excavation area during normal business hours, and each
permit card shall be displayed publicly at the excavation area.
Sec. 32-132. Permit records.
.t- The director of pubhe weiks shall keep an accurate and complete
record of all street excavation permits and index such permits by street
location.
v,
Sec. 32-138. Continuity of work.
Every excavation shall be performed in a continuous operation,
during normal working hours on consecutive working days on which
suitable working conditions exist,from the time of initial excavation
to the completion of backfilling, pavement repair, and/or seeding.
The permit holder shall be responsible for the timeliness and
quality of the completed work.
'}Pti Sec. 32-1314. General procedures for performing.
A. All excavations in any roadway-eF right-of-way in the city
shall be made in the following manner;
1. Location of new facilities to be constructed on
right-of-way shall be approved by the director
prior to advertising for bids on work to be
contracted. No new facilities shall be
constructed under roadways, unless undue
hardship is imposed by location outside the
roadway. The edge of a trench for excavations
paralleling curbs outside of roadways shall be
kept a minimum of three (3) feet from the back
of curb.
2. Whenever excavation is performed within 800
feet of a traffic signal, the permit holder shall
contact the street division of the public works
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department for location of facilities in the
area.
r A-.30 The permit holder shall notify the director e€-► lie
'.' wepke of the time the excavation is to be commenced
at least two (2) hours before commencement of
excavation,
4. For work involving closing a roadway to
traffic, five (5) working days notice shall be
required. The director may require that street
;r closings be advertised by the permit holder. If
the work involved is due to a need for
immediate repair or other good cause, the
director may reduce or waive the required
notice. No roadway shall be closed to traffic
without prior approval of the director. When
conditions warrant closing a street to traffic,
the permit holder shall notify the
communications division of the police
: department of the time the roadway will be
closed and at the time the roadway is reopened
to traffic.
5. The permit holder shall provide, erect and
maintain such barricades,signs,flags, torches,
lanterns or lighting at the excavation area as
may be required by the most recent edition of
the Manual on Uniform Traffic Control
Devices.
B. All excavations in any roadway shall conform with
the following additional procedures:
B. The -urfhee of d roadway shall be removed by hand, or h
eWa�ed per-table power- ' maekine. The outer
edges of all outs t1wough eenerete stn4aees shall be sawed to a depth
Wee thiekness by use of a pewer.diivea
not less than ene thir4 of the safff
.1` LA p `.�this operation, a
1. The outer edges of all cuts through paved
surfaces shall be sawed to a depth of not less
than one-third of the pavement thickness by
use of a power driven concrete saw to obtain a
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smooth and square cut. If an excavation is
made in a roadway with a surface deficiency,
the pavement remove shall be expanded to a
point where a smooth straight edge can be
maintained. If the contractor fails to saw the
pavement,the city shall perform this operation
or have this operation performed, and the cost
thereof shall be charged to the contractor.
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2. Where surface exists, the roadway pavement
shall be removed to a minimum width of six (6)
inches beyond each edge of the excavated
trench or area except where a four(4) to six (d)
inch trenching machine is used. Where
deemed necessary by the director, a width of
up to twelve (12) inches beyond either edge
may be required.
&:3. In the event the entire width of a roadway is to be
excavated, the excavation and baekfill shall be
mede-ao�a� completed within one-half of
the width of the roadway bef
A^ 4.1,n _4-U. , prior to any excavation .
commencing in the remaining half of the
roadway if practical as determined by the
director.
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TLn n�nre
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' flags, '
be FequiFe- e direetei- of public works.
4. No open cuts will be permitted across arterial
streets unless undue hardship is imposed.
Previous agreement from the director must be
obtained prior to an open cut being made
across an arterial street.
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5. For the three (3)years following resurfacing of
a roadway, no open cuts will be permitted on
that roadway for any work that could have
been planned.
6. In the event an excavation crosses a curb or
curb and gutter, the curb or curb and gutter
must be removed and replaced a minimum
width of six (6) inches beyond the edge of the
r underlying excavation. If a bore under curb or
' curb and gutter is made and material sloughs
off the embankment creating a void under the
curb or curb and gutter, the entire width of
curb or curb and gutter shall be removed and
replaced in accordance with the above
guidelines. All curb and curb and gutter to be
removed and replaced shall be doweled to the
existing curb or curb and gutter.
Sec. 32-135. Backhill procedures.
A. All excavations i3a any dma3-ff within any right-of-way
in this of the city shall be backfiilled in the following manner:
A:1. The permit holder shall notify the director of puhke
wor-ks of the time when backfilling is to be
commenced at least two (2) hours before
commencement of backfilling and of the completion
r of backfilling.
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B:2. Backfilling shall be accomplished as quickly as good
working practice permits, and an Excavation shall
not be left open and unfilled for a longer period of
{ time than is deemed reasonable and necessary by
the director eflle-weds.
nn +errs—e esvb ed in Feadways—she
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stone aggregate material (unwashed--_-e
kaMe emeavated met-1 --y be used
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inehes of the tFeneh must be filled %ith the stene
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aggveg-ate- e -deed-- er
he eity at ed in,
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fill
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.` 3. 1BackfiA of excavations in or within 3 feet of a
roadway or proposed roadway shall meet the
requirements for roadway excavations.
P4. All--haeh-64-11--mate } Backfill of excavations
under paved portions of the unimproved right.
of-way shall be placed in in lifts not
exceeding eight (8) inches, and each lift shall be
compacted with a flat plate tamper appropriate
y for the material being used before any additional
material is placed in the excavation. Crushed
stone aggregate shall be placed within three
(3) inches of the bottom of the pavement to be
placed.
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paragraph ( ) •
sertiffiee.
F. Granular aek +l i s all 3% shed a be bae us va to the
5. Excavations not in driveways, sidewalks, or
roadways and not within three feet of a
roadway shall be backfilled in a manner that
will minimize settlement of the backfill. The
original backfill shall be left flush with the
adjacent area. It shall be the permit holder's
responsibility to repair any settlement that
occurb within 6 months after placement of the
original backfill. In addition, in areas that are
seeded, the permit holder shall be responsible
for obtaining a stand of grass equal to or
better than that of the surrounding yard area.
B. Backfill of roadway excavations shall have the
following additional requirements:
1. All excess materials excavated shall be
removed by the permit holder from the site of
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the excavation area. Shot rock in compacted
6 inch lifts may be used to stabilize the bottom
of excavations. The excavation shall be
' backfilled with a crushed stone aggregate
material having a maximum diameter of 1
J inch. Upon request, the director may approve
the use of excavated material for backfill.
2. All backfill material shall' be placed in the
excavation in lifts not exceeding eight (8)
inches. Each lift shall be compacted with a flat
plate tamper appropriate for the material
being used before any additional material is
placed in the excavation.
3. Crushed stone aggregate shall be placed within
one foot of the bottom of the pavement repair.
The aggregate shall be placed in a maximum of
six (6) inch lifts and compacted with a
vibratory tamper before any additional
t material is placed in the excavation.
4. Except as provided in this subsection, backfill
of excavations, including the area of where
additional width of pavement was removed in
paved roadways, shall be topped with an eight
t$: (8) inch thickness of concrete pavement on
arterial streets; six (6) inch thickness of
concrete pavement on all other roadways. At
no point shall the concrete thickness vary
more than one-half (1/2) inch from that
specified. In traffic lanes high early strength
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concrete,eight(8)bags of concrete and four(4)
percent calcium per yard of concrete, shall be
used. In other areas a minimum of six and
one-half bags of cement per yard of concrete
shall be used. All concrete shall be air
entrained. In bituminous pavements, the top
of the concrete pavement shall be held one and
one half inches below the tope of the 'existing
pavement. In portland cement concrete
pavements, the concrete shall be made flush
with the adjacent pavement. The concrete
shall be protected from traffic until it develops
Aft adequate strength and the asphalt surface
course, if needed, is placed. Plates to protect
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the excavation may be obtained at the street
division of the public works department.
In bituminous pavements that are not
classlfled as arterial, backfill of excavations
that have a minimum width of ten (10) feet and
a minimum length of one hundred (100) feet
may be topped with asphalt base course in lieu
Of concrete. The asphalt base course shall be
seven (7) inches in thickness, and shall meet
the standard specification for asphalt base.
The asphalt shall be placed in two (2) lifts by a
self-propelled mechanical laydown machine.
Each lift shall be compacted by a steel wheeled
vibratory roller before any additional material
is placed on top of it. The top of the asphalt
base shall be held one and one-half inches
below the top of the existing pavement.
In bituminous pavements, surface restoration
shall be a one and one-half inch compacted
asphalt surface course. The asphalt shall meet
standard specifications and be of the grade
determined appropriate by the director.
6. No concrete pavement will be required over
excavations in crushed stone roadways.
Sec. 32-136. Maintenance and resurfacing.
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Permit holder
shall maintain the excavation until the surface is restored and
the permit is closed out by the director. This responsibility
r includes keeping the cut flush with the street at all times,
Providing barricades as needed and keeping the cut square. In
addiction, the permit holder shall be responsible for repair of any
! damage due to vandalism, accident, act of God or other means,
and shall perform all work necessary to prevent further damage.
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B. The permit holder shall resee restore unimproved
portions of any right-of-way with material identical to that of the
surrounding right-of-way surface.
.. C. The department of publ n
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supffiees-where Maintain sueh resupfaeiiig, The permit
holder shall completely restore any excavation made in portland
cement concrete pavements and any excavation in asphalt
pavement in excess one Hundred (100) square feet in surface
area. The department of public works will restore the asphalt
surface (not concrete base) in bituminous paved surfaces of one
h hundred square feet or less if desired and paid for by the permit
holder.
D-Mg-SiON 2. PERM
Secs. 92-197 - 92.159. Reserved.
Section 2. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: -- q 3 Approved: . ; -7-1 9
Presi ' g Officer r
x ATTEST:
City Clerk
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