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BULLET St. Louis City Revised Code Chapter 20.30 Excavations

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


Chapter 20.30
Excavations

Sections:

20.30.010 Permit required.
20.30.020 Installation of scales or railroad switch track.
20.30.030 Deposit or bond.
20.30.040 Regulations.
20.30.050 Footbridge over sidewalk excavations.
20.30.060 Temporary roadway.
20.30.070 Length limit.
20.30.080 Fencing and lighting.
20.30.090 Deposits of materials excavated.
20.30.100 Refilling--Layers--Tamping.
20.30.110 Refilling--General regulations.
20.30.120 Refilling--Reasons for not granting a permit.
20.30.130 Trenches.
20.30.140 Inspector's time.
20.30.150 Lateral supports.

20.30.010 Permit required.

Subject to the provisions of this chapter, no person except the Water Commissioner shall make or cause to be made any excavation in any public street or alley without written permission of the Director of Streets so to do. The Water Commissioner at the time of ordering any excavation shall notify the Director of Streets of the action. It is provided, however, that such permission shall not be required for public work to be done under authority and supervision of the Board of Public Service or its duly authorized agent, and applicants qualified to pay annual inspection fees pursuant to Section 20.30.140 may be granted permits on an annual basis.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.020 Installation of scales or railroad switch track.

No permit for excavation in any public street or alley for the purpose of installing a vehicular platform scale or railroad switch track shall be issued by the Director of Streets unless the applicant for such a permit shall have secured from the Board of Public Service a permit for the installation of such scale or switch track.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.030 Deposit or bond.

Subject to the exceptions specified by ordinance, no excavation for any purpose whatever shall be made in a public street, sidewalk or alley without a permit from the Director of Streets. The permit may be for any purpose other than for the installation of a vehicular platform scale or railroad switch track. Applicants for all permits for excavations shall provide liability insurance in the amount of five hundred thousand dollars ($500,000.00) saving the City harmless from all accidents and damages caused by any negligence in protecting their work or by any unlawful or inadequate work done by themselves or their employees. Applicants for permits for excavation less than twenty feet in length shall deposit with the Treasurer a sum of money to be fixed by the Director of Streets to cover the entire expense of backfilling the pavement or surfacing material, or post a bond in the amount of ten thousand dollars ($10,000.00) conditioned that the applicant will indemnify the City for the entire cost of backfilling and repaving. Any applicant who is a bonded and licensed drainlayer or plumber, in accordance with the building code of the City, need not furnish additional bond, provided the existing bond provides that applicant will indemnify the City for the cost of backfilling and paving. If the cash deposit is insufficient, the permittee shall pay the deficiency to the Treasurer within ten days after notice by mail. Failure to pay the deficiency shall be grounds for refusing further permits.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.040 Regulations.

Excavations in any street, sidewalk, alley or other public way shall not remain open unless work is progressing at a reasonable rate. The Director of Streets may, at his discretion and for good cause, grant an extension to the excavation permit allowing the excavation to remain open. If, in the opinion of the Director of Streets, any excavation work is not continuing at a reasonable rate, he shall cause the excavation to be backfilled and the cost thereof charged to the contractor holding the permit for the excavation; provided first, that written notice be given to permittee and that twenty-four hours elapse since receipt of the notice. The notice shall be mailed to the address of the permittee as shown on the permit and notice shall be deemed received thirty-six hours after mailing.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.050 Footbridge over sidewalk excavations.

Whenever any person shall excavate the sidewalk of any street for building purposes, he shall place a strong and substantial footbridge over the excavation in the line of the sidewalk. The bridge shall be at least five feet broad and securely railed on each side, so that foot passengers may pass over it safely and conveniently at all times.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.060 Temporary roadway.

In all cases where excavations are made entirely across the public highway, a substantial roadway shall be maintained by the party making the excavation across the highway, until the excavation is refilled, and at all times be subject to the approval of the Director of Streets.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.070 Length limit.

No excavation shall be made in any public street or alley more than two blocks in length at any one time except by special permit from the Director of Streets.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.080 Fencing and lighting.

Every person who shall cause to be made any excavation in or adjoining public street, sidewalks, alley or public place shall cause the same to be protected in the manner as may be specified in the excavation permit, and so placed as to prevent persons, animals or vehicles from falling into the excavations. Every person making or causing to be made any excavation, and every person who shall occupy or cause to be occupied any portion of any public street, sidewalk, alley, or public place with building materials or any obstruction, shall cause one red or amber light to be securely and conspicuously posted on or near the excavation, building material or obstruction provided the obstruction does not extend more than ten feet in length, and if over ten feet or less than fifty feet, two red or amber lights, one at each end, shall be so placed, and one additional light for each additional fifty feet or part thereof, and shall keep the light burning or flashing during the entire night.

Whether defendant street railway company was negligent in placing lights to guard street excavation as required by ordinance was question for jury.

Tort liability cannot be imposed on a City for failure to observe the requirements of its own ordinances.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.090 Deposits of materials excavated.

In making excavations in any public street or alley, the paving material and earth removed must be deposited in a manner that will occasion the least inconvenience to the public with provision for proper surface drainage and a safe passageway for travel.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.100 Refilling--Layers--Tamping.

Excavations in any street or alley shall be refilled immediately after the excavation project is completed. The excavation shall be refilled with granular material in a size and thickness determined by the Director of Streets. The refill material shall be compacted with equipment approved by the Director of Streets until the excavation is filled up to the proper line for placing the pavement thereon.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.110 Refilling--General regulations.

If the refilling is not done in compliance with the provisions of this chapter, then the Director of Streets may remove all the earth from the excavation and have the same refilled at the expense of the person who made the excavation, and charge the cost thereof against the deposit of money belonging to the aforesaid person. The street or alley pavement, after refilling, shall be placed in as good shape and condition as it was before the excavation was made. All deficiencies in material shall be made good with new material by the persons making the excavation. Backfilling may be done with chat or other material approved by the Director of Streets. All dirt or other substance remaining at or near any excavation after the refilling thereof shall be removed from the site by or at the direction of the person making the excavation.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.120 Refilling--Reasons for not granting a permit.

A contractor having a record of three or more deficient excavations, as determined by the Director of Streets, within a period of one year shall be refused any additional permits for a period not to exceed one year from the date of the determination of the last deficiency as defined, following a hearing before the Board of Public Service.

No contractor may subcontract all or any portion of any work to be done concerning an excavation in a public street or alley, nor shall any contractor be permitted to obtain a permit under his/her name for use by another contractor or person without the approval of the Director of Streets.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.130 Trenches.

Whenever a trench is excavated in any public street or alley, the Director of Streets shall supervise the opening and closing of the trench, or whenever a trench is excavated in any public street or alley upon which is laid a pavement of granite, brick, asphalt, bitulithic, wood blocks or concrete, the Director of Streets shall direct how much of a pavement it will be necessary to remove.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.140 Inspector's time.

A. Whenever a person applies for a street excavation permit, he shall state in writing in his application the hour he will commence work or the manner in which notice of commencement will be given. An inspection fee of $125.00 per excavation shall be charged for work under twenty feet (20') in length and for excavations over twenty feet (20') shall be charged at the rate of $20.00 per day, provided that applicant who, in the five preceding years, have regularly done their own backfilling and have paid inspection fees in excess of $5,000.00 per year may elect to pay a flat annual fee for inspection in an amount equal to the average of the inspection fees paid annually by such applicant in the five preceding years, such annual fee to be in quarterly installments.

B. Double Fees. In case any work for which a permit is required by this code is started or proceeded prior to obtaining said permit, the total normal fees applicable shall be doubled, but the payment of said double fee shall not relieve any persons from fully complying with the requirements of this code for performance or execution of the work, nor from other penalties prescribed by law.
(Ord. No. 68604, 11, 3-16-2010.)

20.30.150 Lateral supports.

Whenever any street, alley, or other public place shall have been deprived of its lateral support by any excavation alongside the street, alley or other public place, or sufficiently close thereto to cause the surface of the street to sink, or render it unsafe for travel, the Director of Streets shall notify, in writing, the owner of the land on which the excavations shall exist or his duly authorized agent, or shall cause a notice to be posted on the land, to restore the lateral support, then the Director of Streets shall cause the excavations to be filled to the extent necessary to restore the lateral support of the street, alley or other public place. The cost thereof shall be repaid to the City by the owner of the land
(Ord. No. 68604, 11, 3-16-2010.)

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