City Clerk

Chapter 20

STREETS AND SIDEWALKS*

Art. I. In General, §§ 20—1—20—23
Art. II. Sidewalks, §§ 20—24—20—88
Div. 1. Generally, §§ 20—24—20—41
Div. 2. Construction and Repair, §§ 20—42—20—88
Subdiv. A. Generally, §§ 20—42—20—65
Subdiv. B. Permit and Technical Requirements, §§ 20—66—20—88

Art. III. Encroachments, §§ 20—89—20—114
Art. IV. Excavations, §§ 20—115—20—142
Art. V. Curb Cuts, §§ 20—143—20—165
Art. VI. Safety Precautions for Obstructions, Excavations for Encroachments in Public
Ways, §§ 20—166—20—199
Art. VII. Numbering Buildings, §§ 20—200—20—207
Art. VIII. Grading, §§ 20—208, 20—209

ARTICLE I. IN GENERAL

Sec. 20—1. Authority to close public ways; notice.

(a) The mayor and council is hereby authorized to close any street, alley, or public place and withdraw it from public use temporarily and during such period as public work thereon shall make such action necessary. Whenever the mayor and council shall order any street, alley, or public place withdrawn from public use, a written or printed notice in large and conspicuous letters shall be posted upon the street, alley, or public place at each entrance to each block, stating that by order of the mayor, the street, alley, or public place is closed and withdrawn from public use.

(b) No person shall drive or attempt to drive any vehicle upon any street, alley, or public place closed and withdrawn from public use, or shall, without lawful authority, remove, destroy or mutilate any sign posted as provided in this section. (Gen. Ords. 1959, §12.10)

Sec. 20—2. Procedure for the vacation of public ways.

Any person seeking the vacation of any street, alley, easement, or other public place within the city shall file a written application for the vacation with the council, and shall deposit with the application a fee which shall be prescribed by the mayor and council, for the costs and expenses of advertising the vacation so proposed, recording fees and such other expenses as may be incidental to the vacation. In the event the council determines that the vacation, so proposed by the applicant is not desirable or necessary, the deposit shall be returned to the applicant. In the event the application for vacation is advertised, as required by law, the deposit shall be used to cover the costs above outlined. Upon any vacation being so consummated, it shall be the duty of the administrative director/city clerk to forthwith record the vacation in the office of the recorder of deeds of the county. (Gen Ords. 1959, §12.17; Ord. No. 6110, §1, 4—14—77)

Sec. 20—3. Reserved.

Editor's note—Ord. No. 6114, April 14, 1977, repealed §20—3, pertaining to the street superintendent and derived from Gen. Ords. 1959.

Secs. 20—4—20—23. Reserved.

ARTICLE II. SIDEWALKS

DIVISION 1. GENERALLY

Sec. 20—24. Defacement of sidewalks.

No person shall destroy, mutilate, deface or in any manner injure any sidewalk. (Gen. Ords. 1959, §12.23)

Sec. 20—25. Conducting rain water to sidewalks.

Each person owning or occupying any building in the city shall cause the pipes conducting the water from the eaves of the building to be so constructed as not to spread the water over the sidewalks. (Gen. Ords. 1959, §12.24)

Sec. 20—26. Removal of accumulations on sidewalks.

It shall be unlawful for the owner or occupant of any building, premises or vacant lot to permit any ice, snow, dirt, mud or filth of any character to remain longer than twenty-four (24) hours on any sidewalk fronting or immediately adjacent to his building, premises or vacant lot. Where premises are occupied by several tenants, it shall be the duty of the person occupying or owning the tenement, apartment, store or portion of the premises nearest the street to comply with the requirements of this section. (Gen. Ords. 1959, §12.26; Ord. No. 4796, §2, 1—3—63)

Sec. 20-27. Closing of public sidewalks for construction of in-fill.

Existing sidewalks along the public right-of-way shall be maintained throughout the demolition and construction process of single-family infill residences and remain open for public use at all times except for temporary reconstruction of utilities, driveways, and sidewalks not exceeding 72 hours except with appropriate permits and authorization of the Public Works Director, Police Chief, or their authorized representative. (Ord. No. 9725, §1, 12-20-07)

Secs. 20—28—20—41. Reserved.

DIVISION 2. REPAIR OF HAZARDOUS SIDEWALKS

SUBDIVISION A.

Sec. 20-42 Hazardous Sidewalks.

The owner of any premises is responsible for the maintenance and repair of any sidewalk in front of the premises. Walkway easements are not considered to be sidewalks and the responsibility for the maintenance and repair of the walkway easement is governed by Resolution 111-93. No such person shall permit any such sidewalk to become out of repair so as to be hazardous to pedestrians or endanger the life, limb, or health of persons traveling thereon, or shall fail to properly repair the same after being notified by the City of Kirkwood by first-class mail to do so within a time to be fixed in the notice. (Ord. No. 9493, §1, 06-16-05)

Sec. 20-43 Hazardous Sidewalk Criteria.

Sidewalks deemed to be hazardous by the Public Works Department shall be repaired and hazardous sidewalks may include, but is not limited, the following:

1. Sidewalks with adjoining slabs or portions thereof with a vertical edge difference of three-quarters of an inch or greater at any point;

2. Sidewalks with a missing corner with a transverse dimension greater than six inches or the total of the missing corner is greater than twelve square inches;

3. Sidewalks causing structural instability which are shattered or cracked;

4. Sidewalks with shattered or cracked slabs dividing the slab into three or more pieces;

5. Sidewalks with surface reveling or spalling greater than ½ inch deep or continuous loose material on surface from spalling;

6. Sidewalks which have upheaved or depressed slabs causing an abrupt change in grade of greater than 1 to 12 (8%);

7. Sidewalks patched with asphalt or other non-concrete material; or

8. Sidewalks with a missing section.

(Ord. No. 9493, §1, 06-16-05)

Sec. 20-44 Hazardous Condition Not Corrected; Repair of Replacement by City; Special Tax Bill.

After the expiration of the time for repair or replacement set forth in the notice, if the sidewalk is not repaired or replaced as directed, the City of Kirkwood shall have repairs or replacement completed as necessary. A bill shall be prepared for the cost of the work, including administrative fees in an amount no less than fifty dollars ($50.00), but in no event shall the cost be less than two hundred dollars ($200.00). If this bill is not paid within thirty (30) days form the date thereon, a special tax bill shall be prepared and collected by the collector with other taxes assessed against the property, or the charge shall be added to the annual real estate tax bill at the discretion of the City.

The special tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error, or informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.

Each special tax bill or real estate bill shall be issued by the City Clerk and delivered to the collector. Such tax bills, if not paid when due, shall bear interest in accordance with the rate established by State Statute.

(Ord. No. 9493, §1, 06-16-05)

Editor's note—Section 1 of Ord. No. 7717, adopted Dec. 17, 1987, repealed former §§ 20—43, 20—44, pertaining to establishment of grades by ordinance and construction and repair permits for sidewalks, which derived from Gen. Ords. 1959, §§ 12.34, 12.35(a).

Sec. 20—45. Ordinance to be passed declaring necessity of construction or repair; notice to

property owner; city to construct or repair upon failure of owner to act.

Whenever the council by ordinance orders the construction, reconstruction or repair of any concrete sidewalk or approaches, including necessary grading and filling, the city clerk shall make out a written notice to the owner of the property lying along or adjacent to such sidewalk to have the sidewalk constructed, reconstructed or repaired, and the necessary grading or filling done as the case may be, which notice shall be served by the chief of police by delivering a copy thereof to the property owner or his representative. If the owner or his representative is not a resident of the city, or if the chief of police shall make return that he is unable to find the owner or his representative within the city, the administrative director/city clerk shall cause the notice to be published in the newspaper doing the city printing for at least one (1) week. If the owner or his representative fails to begin the work specified in the notice within fifteen (15) days after it is served, or after the last publication of the notice, in those cases where the council has ordered the repair of any sidewalk or approaches, the administrative director/ city clerk shall notify the city engineer or other proper person designated by ordinance to repair the sidewalk or approaches. The cost of such work shall be levied as a special assessment and special tax bills issued therefor in the manner provided by law. (Gen Ords. 1959, §12.28; Ord. No. 6060, §1, 12—9—76)

Sec. 20—46. Bids for construction work; awarding contract; procedure when no contract awarded.

(a) The administrative director/city clerk shall cause an advertisement for bids for the doing of work subject to this article to be published in at least two (2) consecutive issues of the newspaper doing the city printing, the first publication of the advertisement to be at least ten (10) days prior to the date set for the opening of the bids. The bids shall be opened by the council at any meeting, regular or special, and the council shall award the contract for the work to the lowest and best responsible bidder, but the council may reject any or all bids, and if for any reason it is not practicable to award the contract at the meeting at which the bids are opened, the awarding of the contract may be postponed to the next regular meeting of the council. Before any bids are opened or any contract awarded by the council, the city engineer or other proper person designated by ordinance, shall prepare and file an estimate showing the estimated quantities of grading, filling and of the various materials required for the sidewalk in front of each separate lot, tract or parcel of ground and an estimate of the cost of the work per cubic yard or per square yard, as the case may be, and no contract shall be let for a price in excess of the estimate.

(b) In case no bids are received for the construction or reconstruction of any sidewalk or approaches, or that all bids are rejected for any reason, the council may readvertise bids for the work, or may by ordinance order and require the city engineer or other proper person to construct or reconstruct the sidewalk or approaches, including grading and filling, according to the specifications adopted therefor. The city engineer shall keep an accurate account of the cost of the separate items thereof, and the council shall pay for the labor and material and all other costs of the work out of any funds which it may have on hand available for such purpose, and shall levy the cost thereof as a special assessment and issue special tax bills therefor in the manner provided by law; however, the cost of the work shall not exceed the estimate of the city engineer previously filed. (Gen. Ords. 1959, §§ 12.29, 12.30; Ord. No. 6060, §1, 12—19—76)

Sec. 20—47. Repair work by the city engineer; record and assessment of costs.

Whenever the city engineer or other proper person designated by ordinance has been notified by the administrator to repair any sidewalk or approaches, he shall proceed at once to do the work according to the specifications adopted therefor, keeping an accurate account of the cost of the separate items thereof, and the council shall pay the cost thereof out of any funds which it may have available for such purpose, and may levy the cost thereof as a special assessment and issue special tax bills in the manner provided by law. (Gen. Ords. 1959, §12.31; Ord. No. 5616, §1, 7—19—73)

Sec. 20—48. Work to be carried on with dispatch.

Each person who shall commence the work of constructing or reconstructing any sidewalk shall carry on the work with all reasonable dispatch, so that the public use shall not be obstructed beyond a reasonable time. (Gen. Ords. 1959, §12.35(b))

Sec. 20—49. City may cause completion of work that is being delayed.

Whenever the committee on streets and alleys is of the opinion that any owner, agent or contractor is unnecessarily delaying the completion of any sidewalk ordered built by the council, it shall direct the city engineer to notify the owner, agent or contractor in writing to that effect, and if the owner, agent or contractor shall not within five (5) days thereafter take such measures as will, in the judgment of the committee on streets and alleys, insure the satisfactory completion of the work, the committee on streets and alleys shall cause the work to be done by the annual contractor, or in case there is no annual contractor, they shall cause an advertisement for bids to be made as provided in this chapter. (Gen. Ords. 1959, §12.32; Ord. No. 6116, §1, 4—14—77)

Sec. 20—50. Interest on special tax bills.

All special tax bills issued for any work or improvements done pursuant to this article shall bear interest, after sixty (60) days from the date of issue, at the rate of eight percent (8%) per annum. Special tax bills issued pursuant to this division may include attorney's fees or engineering fees, or both, provided however that such fees shall not exceed ten (10) per cent of the total cost of the improvements. (Gen. Ords. 1959, §12.33; Ord. No. 6019, §2, 9—2—76)

Sec. 20—51. Plans of improvements to be on file.

Prior to the commencement of the construction of any improvements ordered by the council by ordinance as contemplated in this division, the council shall cause the plans and specifications and an estimate of the cost thereof as prepared by the city engineer to be on file with the administrative director/city clerk for inspection by the public. Notice of such filing shall be published by the administrative director/ city clerk in a newspaper printed in St. Louis County for two (2) consecutive weeks in a weekly newspaper or seven (7) consecutive insertions in a daily newspaper. In the event three (3) or more citizens shall so request, the council shall hold a public hearing with respect to such proposed improvements. (Ord. No. 6019, §3, 9—2—76)

Secs. 20—52—20—65. Reserved.

SUBDIVISION B. PERMIT AND TECHNICAL

REQUIREMENTS*

Sec. 20—66. Permit required; contents of application.

(a) No person shall construct, reconstruct or repair any public sidewalk upon or along any street or sidewalk easement without filing an application with the director of public works and obtaining required permit.

(b) The permit application shall include the construction details as required by the director of public works and a site plan showing the location of the work.

(Ord. No. 7717, §2,12—17—87)

Sec. 20—67. General construction requirements.

(a) Sidewalks shall be constructed of a six-sack-per-yard mix of portland cement concrete, four (4) feet wide and four (4) inches thick, except across driveways where the thickness shall be increased to seven (7) inches. The sidewalk width shall be increased or decreased as directed by the public works director in order to allow a reconstructed or repaired sidewalk to match the width of an existing sidewalk.

(b) All sidewalks shall be barrier-free to enable persons using wheelchairs to travel freely and without assistance. The maximum grade for sidewalks shall be one (1) inch rise per twelve (12) inches in length (eight and three-tenths (8.3) per cent).

(Ord. No. 7717, §2, 12—17—87)

Sec. 20—68. Wheelchair ramps.

At each crosswalk a ramp shall be built into the curb so that the sidewalk and street blend to a common level. Such ramp shall be not less than thirty-six (36) inches wide and shall not have a slope greater than one (1) inch rise per twelve (12) inches length (eight and three-tenths (8.3) per cent). Where, because of surrounding buildings or other restrictions it is impossible to conform the slope with this requirement, the ramp shall contain a slope not to exceed ten (10) per cent. In all ramps there shall be a gradual rounding at the bottom of the slope. Wheelchair ramps shall be designed as not to create a hazard for vehicular or pedestrian traffic. (Ord. No. 7717, §2, 12—17—87)

Secs. 20—69—20—88. Reserved.

ARTICLE III. ENCROACHMENTS

Sec. 20—89. Prohibited.

No person shall place or keep in, across, or upon any street, alley or sidewalk any fence, building, porch, stairway, cellar steps, stationary awning or other stationary object which may interfere with the full and free use by the public of such streets, alleys, or sidewalks, unless specifically authorized by ordinance so to do. (Gen. Ords. 1959, §12.04; Ord. No. 5197, §2, 7—11—68)

Sec. 20—90. Canopies and awnings; permit required.

No person shall place or maintain or cause to be placed or maintained any awning, canopy, shade or frame for the same in any street without the permission of the council, nor unless the canopy, awning or frame shall be safely and securely fastened and so located and constructed as not to interfere with pedestrians, and so that the lowest part thereof shall not be less than eight (8) feet above the sidewalk nor extend beyond the line of the sidewalk. The person so placing or maintaining the canopy, awning or frame shall conform to any directions relative to the materials, construction and maintenance thereof, which shall be given by the city engineer. All permits for the erection of such awnings, canopies, shades or frames shall be subject to the right of the city to revoke the permit on three (3) months' notice, and if the owner or any person having care thereof fails to remove the same at the expiration of such period, the city marshal shall cause the canopy, awning or frame to be removed at the expense of the owner or permittee, as provided in the building code of the city. (Gen. Ords. 1959, §52.37)

Sec. 20—91. Sale of property on land condemned for streets.

In all cases where property, such as buildings, walls, fences, sheds, outhouses or other material obstructions, are taken or condemned in any proceeding for the opening of any public highway, a sale thereof shall be made by the city marshal at public auction to the highest bidder for cash, which shall be paid at the time of the sale and deposited in the city treasury within two (2) days thereafter. The conditions of such sale shall be that in the event the property so sold shall not be moved off of the public highway within ten (10) days from the day of sale, the city marshal shall proceed to sell the property so previously sold, or any portion thereof, again, and the money received at the first sale shall be forfeited to the use of the city, without recourse therefor, either by purchaser so neglecting to remove the same, his heirs or assigns. (Gen. Ords. 1959, §12.16)

Sec. 20—92. Display of merchandise; construction materials.

No person shall place, expose or offer any merchandise or property upon any street, alley or sidewalk for show or sale by auction or otherwise. No person shall place or cause to be placed upon any street, alley or sidewalk any sign, box, barrel, goods, wares, lumber, building materials or any article whatsoever so as to obstruct or otherwise encumber the public way, unless specifically authorized so to do by a special provision included as a part of an evacuation or building permit, or to comply with the requirements for guarding working areas as specified in this chapter. Nothing in this section shall prohibit merchants from using the sidewalk when receiving or shipping goods, provided the use of the street, alley or sidewalk is obstructed as little as possible and for as short a time as possible. (Gen. Ords. 1959, §12.04; Ord. No. 5197, §2, 7—11—68)

Sec. 20—93. Removal procedure.

(a) Whenever it shall come to the knowledge of the mayor that any street, alley or sidewalk is in any manner obstructed, or that there are any encroachments upon any street, alley, or sidewalk, except as otherwise provided in this article, he shall prepare and sign an order for the removal of the obstruction or encroachment directed to the city marshal.

(b) Upon receipt of such order, the city marshal shall give the owner of the property fronting upon such obstructions or encroachments at least five (5) days' notice in writing to the effect that if the obstruction or encroachment is not removed upon the expiration of the time mentioned in the notice, the obstruction or encroachment will be removed by him at the expense of such owner. If, after diligent search, the city marshal is unable to find the owner of the property, he shall give such notice by publication by two (2) insertions in the newspaper doing the city printing. If, upon the expiration of the time mentioned in the notice, the obstructions or encroachments are not removed, the city marshal shall forthwith proceed to remove the obstruction or encroachment.

(c) As soon as the amount of the entire expense of the removal has been ascertained, the city attorney shall bring suit against the owner in the name of the city for the recovery of such sum, if it is not paid upon demand, and the suit may be brought in any court of competent jurisdiction.

(Gen. Ords. 1959, §12.05)

Sec. 20—94. Removal of trees and structures.

Whenever the council shall by ordinance condemn any tree standing on any street, or whenever any tree or structure of any kind located on any such place interferes with or obstructs any public improvement ordered by the council, the mayor shall notify the owner of the premises in front of which the tree or structure is located to remove it within five (5) days. If the owner is a nonresident of the city, or cannot be found, or is unknown, the notice shall be posted on the premises. Upon the failure or refusal of any such owner to remove the tree or structure within the time prescribed, the city marshal shall cause it to be removed. (Gen. Ords. 1959, §12.07)

Sec. 20-95. Restaurant Outdoor Seating

Restaurants may utilize the public sidewalk for outdoor seating under the following provisions:

a. Seating for not more than twelve (12): Restaurants in commercial districts may provide seating for not more than twelve on the public sidewalk contiguous to their restaurant facility under the following conditions:

1. No permanent structures or paving are installed.

2. No outdoor speakers or music shall be allowed.

3. Outdoor tables, chairs, furniture and decorative items shall be of uniform design and shall be removed from public property November 1 through March 31.

4. Provisions shall be made for adequate litter and trash control including the providing and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.

5. Restaurant service equipment shall not be permitted outdoors.

6. An unobstructed pedestrian walkway six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.

7. The seating shall not obstruct any entry or exit way of the building or adjacent buildings.

8. Hours of sidewalk use are limited from 6 a.m. to midnight except in B-1, where it shall be limited from 7 a.m. to 10 p.m.

9. Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.

b. Seating for more than twelve (12): Restaurants may apply to the City Comptroller for a business license for outdoor seating on the public sidewalk contiguous to their restaurant facility for more than twelve (12) under the following procedures:

1. The Planning and Zoning Commission and Public Works Department shall review the application and plans, taking into account the criteria of the Zoning Code for a Special Use Exception (as applicable) and the following conditions:

a. Parking. That adequate off-street parking exists for the increased restaurant use. A determination of inadequate off-street parking shall be grounds for denial of the permit.

b. Outdoor speakers/music. Outdoor speakers or music shall not be permitted.

c. Outdoor furniture. Outdoor tables, chairs, furniture, and decorative items shall be of uniform design and shall be removed from public property November 1 to March 31.

d. Lighting. Temporary lighting may be approved. Permanent lighting shall not be permitted.

e. Permanent Structures. No permanent structures or paving shall be installed.

f. Hours of Operation. Hours of sidewalk use shall be from 6 a.m. to midnight except in B-1 and residential districts, where it shall be limited from 7 a.m. to 10 p.m.

g. Litter Control. Provisions are made for adequate litter and trash control including the providing and maintenance of trash receptacles. The outdoor area shall be kept free of debris at all times.

h. Pedestrian Walkway. An unobstructed pedestrian walkway at least six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.

i. Building Obstructions. The seating shall not obstruct any entry or exit way of the building or adjacent buildings.

j. Lighting. If approved, provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.

k. Other Conditions. Any other conditions or provisions regarding public safety or health as determined by the Council.

2. The City Council shall review the Planning and Zoning Commission's and Public Works' recommendations and may, upon motion, authorize a business license for the restaurant proprietor for outdoor seating under the following provisions:

a. Upon Council approval of a motion granting the application, the initial license shall be issued by the Comptroller for a one-year period.

b. The license is subject to renewal on an annual basis after inspection and approval by the Public Works Department and Police Department provided that the proprietor has conformed to the provisions of this section and the initial approval conditions, if any. In the event the Police Department or Public Works Department notifies the City Council in writing that the proprietor has failed to conform to any provisions of this section or approval conditions, then the Council, upon written notification to the proprietor, will review the license to determine if renewal is appropriate.

c. The initial and renewal license fee shall be $35 annually for outdoor seating.

d. The license may be revoked by the Council upon written notification by the Police Department or Public Works Department of a violation of this section or the approval conditions following a hearing.

(Ord. 8208, 5-6-93)

Secs. 20-96—20.114. Reserved.

ARTICLE IV. EXCAVATIONS

Sec. 20—115. Permit required.

No person shall make or cause to be made any excavation in any public place, street, roadway, parkway, walkway, alley, right-of-way or easement, without first obtaining a permit from the Public Works Director or Building Commissioner except in the case of public work by City Forces, a contractor under contract with the City or a governmental agency. Each separate and distinct excavation shall require a separate permit. An excavation permit shall be issued only to contractors licensed in the City of Kirkwood or to utility companies authorized to work in the City of Kirkwood.

Sec. 20—116. Emergency work.

(a) In cases where public health or safety is in danger or whenever excavations must be made on an emergency basis to eliminate hazards to persons, or to prevent interruptions in the utility services or to restore such services after an interruption has developed, the provisions of this article relating to issuances of a permit prior to excavation shall not apply, provided the contractor notifies the Police Department of the City. Application for permit shall be made on the first day the City Public Works Office is open after the emergency work is commenced. Final surfacing by the Contractor shall not be placed until the City has inspected and approved the backfill.

(b) A contractor or public utility operating in the city may obtain an annual permit for the emergency excavation work. The emergency excavation permit shall entitle the contractor or public utility to make emergency excavations. The contractor or public utility who makes an emergency excavation in accordance with his emergency excavation permit shall as soon as reasonably possible notify the Public Works Director or the Building Commissioner of the emergency excavation, and shall pay into the city treasury a fee of twenty dollars ($20.00) for each emergency excavation made as in other excavation permits.

Sec. 20—117. Application and Permit Fee.

Application for an excavation permit as required in Section 20-115 shall be made on a form provided by the City, which application shall contain information regarding the purpose, location, and size of the proposed excavation and the approximate time work thereon will be commenced, and shall state the length of time applicant estimates will elapse from the commencement of the work until the complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be twenty dollars ($20.00).

Sec. 20-118. Deposit.

The application for an excavation permit shall include a cash deposit to insure the applicant will backfill the exaction, repair the pavement, and restore the site in compliance with this Article.

(a) The approximate cost of granular backfill, repaving operations, and general site restoration to be performed by applicant desiring to make an excavation will be estimated by the Public Works Director or Building Commissioner at the time application for an excavation permit is submitted, and the cost so estimated shall be deposited with the city. The amount of the deposit shall be reasonably sufficient to secure the City against any damage or expense which may result from the applicant's failure to comply with the provisions of this article. The amount of such deposit shall be based upon the location, purpose, and extent of the work. The minimum amount of deposit shall be one hundred dollars ($100.00) for any excavation except for excavations in street, sidewalk or driveway pavement and than the minimum deposit shall be two hundred dollars ($200.00). The maximum deposit shall not exceed five thousand dollars ($5,000.00).

(b) Utility companies, contractors performing excavations under contract for utility companies, or other governmental agencies are not required to provide a cash deposit.

(c) Each permit shall have a separate cash deposit to guarantee backfilling, paving, and site restoration in accordance with this article.

(d) The applicant is responsible for maintenance of the excavation for 30 days. Settlement of the excavation or cracking, breaking, or rutting of the surface shall be prima facie evidence of improper backfill, which shall be replaced by the applicant or by the City with the cost paid out of the deposit.

(e) If the work is completed satisfactorily, the deposit shall be refunded to the applicant within 15 days of the final inspection by the Public Works Director or his authorized representative. The contractor is responsible for notifying the Public Works Department of final completion of work.

(f) In the event the applicant fails to complete or correct work required by this article, the City may correct or complete said work; and the cost to the City shall be paid out of the deposit. In the event that such deposit is insufficient to pay for the City's cost, the applicant shall pay the excess cost to the City within 30 days. Failure to pay said costs within 30 days shall result in revocation of the applicant's contractor's license.

(g) The minimum charge for the City to complete or correct any excavation shall be one hundred dollars ($100.00).

(h) Failure of the applicant to call for the final inspection within one year of the issuance date of the permit shall result in the deposit being forfeited by the applicant, and said deposit shall be paid to the City treasury as general revenue.

(Ord. No. 9335, §1, 9-18-03)

Sec. 20—119. Manner of making excavations.

(a) All facilities shall be installed and located with due regard for minimizing interference with the rights of the public, the city and other users of the Public Rights-of-Way. The applicant shall not place facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the utilities serving the residents or businesses or their use of any Public Rights-of-Way.

(b) All new facilities shall be constructed underground except for facilities that are required to be located above ground. The City of Kirkwood shall, in its sole discretion, determine if a facility is required to be located above ground. The applicant will provide reasonable advance notice to all facilities owners including the City of Kirkwood Water Department, Electric Department and Public Works Department of the date on which open trenching will be available for the installation of facilities.

(c) The width of excavation shall be no greater than is necessary for doing the work and sheathing and bracing shall be used as necessary, to keep the sides of the trench vertical and to prevent caving. Excavations shall be made in accordance with City, County, State and Federal regulations.

(d) Adequate provision for proper drainage of the areas surrounding the work shall be maintained at all times.

(e) At no time shall the maximum length of an open trench be permitted to exceed three hundred (300) feet.

(f) No excavation shall be permitted to remain open without work actually in progress at each specific location for a period in excess of three (3) full working days, Saturdays, Sundays and legal holidays excepted.

(g) Excavations shall be covered or fenced when work is not in progress. Excavations in roadways shall be backfilled or covered with steel plates. When excavated area is open to traffic, the steel plates shall be secured in place with spikes and asphalt along the edge of the plate or the plates shall have tapered edges.

(h) Except when approved by the City in accordance with this subsection, excavated material shall be removed from the site as the material is excavated and no excavated material shall be allowed to accumulate on the site. When approved by the City, excavated clean earth material to be re-used for backfilling may be stored on site. The stored earth backfill material shall be covered with plastic. No earth material shall be stored on the street pavement or sidewalk at any time, and shall not block driveways.

(i) When approved by the City, approved granular backfill such as crushed stone, gravel, or sand may be stored on the street pavement. Such backfill material shall be barricaded and signed for public protection and safety. Storage of material shall not interfere with the flow of traffic. Granular backfill shall not be stored on sidewalks or grass areas at any time.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20—120. Manner of backfilling, repaving and site restoration.

(a) Excavations made in or under a street, walk or driveway pavement shall be backfilled with granular material thoroughly tamped into place, and the pavement surface restored.

(b) The Public Works Director shall determine the backfill material and may approve one of the following as the best suited methods, considering the area of the applicant's proposed work.

1. A mixture of crushed stone or gravel and sand, free from earth, dirt, clay or debris known as two inch minus, or

2. A mixture of crushed stone, free from earth, dirt, clay or debris known as two inch clean, or

3. Controlled density (flowable) fill material, or

4. Other equal or better methods approved by the Public Works Director.

(c) The backfilling material shall be at the excavation site at the time of the inspection by the Public Works Director or his designee to determine compliance with the specifications. Granular backfill shall be placed in horizontal layers not greater than six (6) inches thick before compaction and thoroughly compacted to the density comparable to the undisturbed surrounding sub-grade. During placement, care shall be taken to avoid undue segregation of coarse and fine particles. Sand or 1" minus may be used to cover pipes and fittings that may be damaged by the backfill material.

(d) Street Pavement Repair:

1. Asphaltic concrete pavement, macadam pavement, asphalt overlaid concrete pavement or bituminous pavement shall be restored as follows:

Excavation edges of the pavement shall be cut straight and squared with a concrete saw two (2) foot larger than the excavation in each direction. A six and one half sack mix of portland cement concrete shall be placed on the compacted backfill. The concrete thickness shall be seven (7) inch minimum. The concrete surface shall be held to two (2) inches below the surrounding pavement. The concrete shall be protected from traffic for five (5) days. After five days, the top and edges of the excavation shall be primed and an asphaltic concrete surface (St. Louis County Type C) shall be placed on the concrete. The asphalt-wearing surface shall be thoroughly compacted and the surface shall be smooth and free of ruts matching the existing pavement to support traffic without rutting or settling.

2. Concrete pavement shall be restored as follows:

Excavation edges of the pavement shall be cut straight and squared with a concrete saw two (2) foot larger than the excavation in each direction or replaced to a joint. Concrete pavement shall be replaced as a minimum to the center of the street pavement. A six and one half sack mix of portland cement concrete shall be placed on the compacted backfill. The concrete thickness shall be seven (7) inch minimum. The concrete surface shall be finished to match the surrounding finishes. The concrete shall be protected from traffic for five (5) days.

3. Restoration of street pavement will be approved and accepted by the City upon meeting specifications, general appearance and rideability. Rideability is defined as a leveling tolerance to within one-quarter inch (1/4”) at any point across the repaired surface as it relates to the surrounding street surface.

4. Other equal or better methods approved by the Public Works Director.

5. The Public Works Director, at his discretion, may specify special restoration conditions such as special finish concrete pavement (such as exposed aggregate, textured, colored), high-early strength concrete and other conditions as conditions require for the preservation, protection and restoration of the Public Rights-of-Way.

(e) Curbs shall be restored as follows:

The existing remaining curb shall be cut straight with a concrete saw or removed to a joint. The new curb shall match the material (asphaltic concrete or portland cement concrete), shape, and style of the existing curbs. Concrete curbs shall be reconstructed with six-sack portland cement concrete on a six inch crushed stone base. The minimum length of curb replacement shall be ten (10) feet.

(f) The applicant shall replace concrete driveway aprons joint to joint, if possible, or saw cut at the direction of the Public Works Director. Driveway aprons shall be restored to City Standards with the same material, such as exposed aggregate concrete pavement shall be replaced with exposed aggregate concrete pavement. Asphalt driveway aprons shall not be patched. Asphalt aprons shall be completely replaced or replaced to a saw cut joint at the direction of the Public Works Director.

(g) Sidewalks damaged by the work, or by construction vehicles or equipment, shall be removed and replaced in full sections. The removal of sidewalk at an intersection will require the installation of an accessible ramp. All work shall meet ADA standards and the standards established by the Public Works Director.

(h) Excavations in parkways, outside of the paved area may be backfilled with earth. Earth backfill is to be placed and compacted in the same manner as described in this article for granular fills or thoroughly jetted to obtain maximum settlement, and shall be maintained by the applicant until the area has been stabilized in the original condition.

(i) All grassed areas disturbed by the work shall be returned to their original condition by sodding as directed by the Public Works Director. Topsoil shall be used as the final cover over all disturbed areas. Sod shall match that existing at the site. Any area sodded after June 15th shall be re-sodded in the fall if in the opinion of the Public Works Director it has not shown substantial growth.

(j) The Public Works Director, at his discretion, may specify special restoration conditions such as replacement of landscaping, special finish concrete pavement (Exposed aggregate, textured, colored), tree trimming, tree root protection, high strength or high-early strength street pavement, and other conditions as conditions require for the preservation, protection and restoration of the Public Rights-of-Way.

(k) Restoration of the public rights of way shall comply with the standard drawings and detailed specifications prepared by the Public Works Department and on file in the Office of the Public Works Director. The Public Works Director may revise these drawings and details specifications from time to time.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20—121. Inspection of backfill material and pavement replacement.

Backfill material shall be approved by the Director of Public Works or his designee. In the event the City does not approve backfill material, all such backfill must be removed and replaced with material approved by the City and under the City's supervision. Pavement shall be replaced only upon inspection by the City. (Ord. No. 9171, §1, 6-20-02)

Sec. 20—122. Interference with traffic, pedestrians and driveways.

All excavations regulated by this chapter shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the streets, sidewalks, or other public places when possible. When such use is unavoidably obstructed, the person making such excavation shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. (Ord. No. 9171, §1, 6-20-02)

Sec. 20—123. Barricades, signs, lights, and warning signals.

(a) Every person who shall make or cause to be made any excavation in or adjoining on a public street, highway, or public place shall furnish, install and maintain at all times along the line of work all such barricades, signs, lights, and warning signals as may be necessary to advise, warn, and protect the public from the hazards arising from the operation. The barricades and traffic control devices shall be in accordance with the Manual of Uniform Traffic Control Devices, Millennium Edition (MUTCD).

(b) During non-working hours, excavations in the roadway shall be backfilled with approved granular material to the top of the excavation or shall be securely covered with steel plates to allow traffic to safely cross over the excavation. Signs which state BUMP (MUTCD Sign #W8-1) shall be placed to warn the motorist of the excavation. The steel plates shall be secured in place with spikes and shall have tapered edges or shall have installed asphalt along the edge of the plate. When approved by the City and when the excavation is barricaded and signed in accordance with this article, traffic may be diverted from crossing over the steel plates or backfill. In such situation spikes and asphalt edging is not required. Excavations in the sidewalk or adjacent to the street pavement or sidewalk shall be securely covered or securely fenced during non-working hours with barricades installed around the excavation.

(c) The applicant shall maintain all barricades, traffic control devices and signs 24 hours a day, seven days a week.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20-124. Traffic safety and street/lane closings.

(a) The excavation application shall include the proposed street, lane or sidewalk closures, which shall satisfy the following provisions:

1. No street shall be closed overnight without the permission of the City Council.

2. Any street may be partially blocked during construction activities between the hours of 9 a.m. and 4 p.m. provided one lane of traffic is maintained at all times. One-lane signs, barricades, traffic cones, and traffic control devices shall be furnished, installed and maintained by the applicant in accordance with MUTCD. If traffic on the affected one-lane roadway is not visible from one end to the other, then flagging procedures shall be used to control opposing traffic flows.

3. Minor streets may be closed during the hours of 9 a.m. to 4 p.m. with 24-hour prior notification to the Public Works Department. The applicant shall furnish, install and maintain detour signs, road closed signs, barricades and all other traffic control devices in accordance with MUTCD. Minor streets are all streets maintained by the City except Kirkwood Road, Geyer Road, Dougherty Ferry Road, Woodlawn Avenue, Leffingwell Avenue, Ballas Road, Old Big Bend Road and Essex Avenue. These streets may not be closed at any time without prior approval of the detour plan by the Public Works Director and coordination with the Public Works Department.

4. Excavation in public streets or sidewalks in the Central Business District (Area bound by and including Taylor Avenue, Clay Avenue, Woodbine Avenue, and Bodley Avenue) shall require prior approval by the Public Works Director and coordination of the Public Works Department.

(b) The applicant shall keep the street pavement free of mud and debris from his operations at all times.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20-125. Pedestrian safety and sidewalk closings.

(a) Except as provided herein, sidewalks may be closed during construction activities with the permission of the Public Works Department. Barricades with signs which state SIDEWALK CLOSED, shall be installed at each end of the closed section blocking the closed sidewalk.

(b) The Public Works department shall not approve the closing of sidewalks along Kirkwood Road or the Central Business District unless no other reasonable alternative exists for the Applicant to perform the work. In such cases, the Public Works Director may require special provisions as conditions in the excavation permit.

(c) The applicant shall keep the sidewalk pavement which is not closed to the public free of mud and debris from his operations at all times.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20-126. Violations and penalties.

Any person, firm or corporation who shall violate any provision of this Article shall be guilty of a misdemeanor punishable under the provisions of Section 1-8 of the Code of Ordinance. Each day a violation exists shall constitute a separate offense. (Ord. No. 9171, §1, 6-20-02)

Sec. 20-127. Relocation of facilities on rights-of-way.

Whenever, by reason of a present or future City use of the Public Right-of-Way, a public improvement is undertaken by the City, or changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer or other City-owned underground or above ground structure is made, and it is deemed necessary by the City to move, alter, change, adapt, or conform the underground or above ground facility on the Right-of-Way, the owner of the facility shall make the alterations or changes, on alternative Rights-of-Way provided by the City, if available, as soon as practicable after being so ordered in writing by the City at the facility owner's expense without claim for reimbursement or damages against the City. Failure to promptly comply with such a written order shall be deemed a misdemeanor punishable under the provisions of Section 1-8 of the Code of Ordinances. Each day a violation exists shall constitute a separate offense. The City will endeavor to minimize the interference with previously installed facilities when conducting its own facilities work. (Ord. No. 9171, §1, 6-20-02)

Sec. 20-128. Miscellaneous provisions.

(a) The applicant shall inform the Director of Public Works of any damage to City property. The applicant shall inform any other facilities owner of possible damage to their facilities. The applicant is fully responsible for reimbursing the facilities owners for damages caused by the applicant's work to facilities whose existence and approximate locations were known or should have been known before the damage was done. Nothing in this Article shall make the applicant liable for damage to facilities located below the ground surface, in the absence of negligence, if the facility owner, after reasonable notice from the applicant, fails to advise the applicant of its location and approximate depth below the ground surface.

(b) Any and all Public Rights-of-Way disturbed or damaged during the work shall be promptly repaired or replaced to its previous condition by the applicant or, at the Director of Public Works' discretion, by the City, at the applicant's expense.

(c) Any contractor or subcontractor performing facilities work must be properly licensed under laws of the State of Missouri and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as an applicant would have hereunder. Applicant shall be responsible for ensuring that the work of its contractors and subcontractors is performed consistent with the applicant's permits and applicable law and shall be fully responsible for promptly correcting acts or omissions by any contractor or subcontractor.

(d) Each applicant shall comply with all applicable federal and state laws as well as City Ordinances, Resolutions, Rules and Regulations heretofore and hereafter adopted or established.

(e) An applicant shall at all times be subject to all lawful exercise of the police powers of the City, including but not limited to all powers regarding zoning, supervision of the restoration of the Right-of-Way, and control of Public Rights-of-Way.

(f) No action or omission of the City shall operate as a future waiver of any rights of the City under this Article.

(g) In placing any facility, or allowing it to be placed in the Public Right-of-Way, the City is not liable for any damages caused thereby to a facility which is already in place.

(h) Nothing herein shall be deemed to relieve an applicant or the City from the provisions of an existing franchise, license, or other agreement or permit.

(i) Nothing in these provisions precludes the City from requiring a franchise or license agreement from the applicant, as allowed by law, in addition to the requirements set forth herein.

(Ord. No. 9171, §1, 6-20-02)

Sec. 20-129. Inspection fees.

Inspection fees for each inspection performed shall be forty dollars ($40.00). A minimum of two inspections shall be required for each permit. (Ord. No. 9171, §1, 6-20-02)

Secs. 20-130--20-142. Reserved for future use.

ARTICLE V. CURB CUTS*

Sec. 20—143. Permit required.

(a) No person shall construct, reconstruct, or remove an existing driveway entrance or curb without filing an application with the director of public works and obtaining the required permit.

(b) The permit application shall include the construction details as required by the director of public works and a site plan showing the location of the work.

(c) The fee for a driveway entrance permit shall be forty dollars ($40.00) which shall include one inspection.

Sec. 20—144. Driveway entrances.

All driveway entrance construction within city right-of-way shall be constructed in accordance with the latest St. Louis County Specifications and Entrance Standards, Exhibits 14, 15, 16, 18, 22, 23, 24, 26, and 27, except as amended by this article or otherwise authorized by the public works director. (Ord. No. 7717, §3, 12—17—87)

Sec. 20—145. Commercial entrances; entrances to multifamily units.

(a) Commercial entrances and entrances to multifamily units (over two (2) units) shall be constructed of six-sack-per-yard mix of nonreinforced portland cement concrete with a minimum thickness of seven (7) inches or other impervious dust-free surface approved by the public works director as an equal.

(b) Entrances shall not be more than thirty-five (35) feet wide or less than twelve (12) feet wide for one—way traffic. The opening at the curb or pavement edge shall not be less than a radius of ten (10) feet nor more than twenty (20) feet, except as may be required by the director of public works in specific instances to ensure adequate provisions for large vehicles and high traffic volume.

(Ord. No. 7717, §3, 12—17—87)

Sec. 20—146. Residential entrances.

(a) Residential entrances shall be constructed of portland cement concrete or asphaltic concrete or other impervious dust—free surface approved by the director of public works. Portland cement driveways shall have a minimum thickness of six (6) inches. Asphaltic concrete driveways shall have a minimum thickness of two (2) inches and shall be constructed on a six-inch rock base. An additional asphaltic concrete thickness of four (4) inches may be substituted in lieu of rock base.

(b) Residential entrances shall not be less than ten (10) feet wide nor more than twenty (20) feet wide at the right-of-way line. When the distance between the sidewalk and pavement edge is less than four (4) feet, the minimum width shall be twelve (12) feet.

(Ord. No. 7717, §3, 12—17—87)

Sec. 20—147. Entrance locations.

Driveway entrances shall be located in accordance with the site plan requirements and shall be designed so that the edges of curb opening are a minimum of five (5) feet from the nearest edge of street storm water inlets and ten (10) feet from the corner radius point. Edges of the curb opening shall not project beyond the side property line extended normal to the pavement. Driveway entrances may be located adjacent to property lines, if they meet all zoning and building code requirements. (Ord. No. 7717, §3, 12—17—87)

Sec. 20—148. Limited entrances.

(a) The number of entrances for each property or side shall be limited on the basis of street frontage as follows:

Frontage (feet) Maximum Number of Entrances
Less than 200 2
200—500 3
500—1,000 4
More than 1,000 5

(b) Lots which have frontage on two (2) or more streets may have entrances on each street in accordance with the above criteria. The distance between entrance openings shall be a minimum of ten (10) feet measured at the pavement edge or curb.

(Ord. No. 7717, §3, 12—17—87)

Sec. 20—149. Driveway entrance slope.

The break in grade of any driveway entrance shall not exceed fifteen (15) per cent (8.5°) [sic]. (Ord. No. 7717, §3, 12—17—87)

Sec. 20—150. Barrier-free construction.

All driveways when constructed across sidewalks shall be constructed barrier-free in order to enable persons using wheelchairs to travel freely and without assistance. If sidewalks are reconstructed in conjunction with driveway entrance construction, they shall be reconstructed in accordance with this chapter. (Ord. No. 7717, §3, 12—17—87)

Sec. 20—151. Curb and gutter.

(a) Existing curb and gutter removed for the driveway entrance construction shall be removed to an existing joint or a sawed joint.

(b) Reconstructed curb and gutter shall conform with the existing curb and gutter with regard to style, dimensions, and materials.

(Ord. No. 7717, §3, 12—17—87)

Sec. 20—152. Obstructions in street or gutter.

No driveway entrance or curb and gutter shall be constructed, placed, or allowed to remain in the street or gutter which would be hazardous to traffic or which obstruct or divert the flow of storm water. (Ord. No. 7717, §3, 12—17—87)

Sec. 20—153. Entrance and sidewalk abandonment.

(a) Abandoned entrance and curb cuts shall be removed by the property owner and filled with dirt and covered with vegetation to match the existing area unless an alternative is approved by the public works director. The curb and gutter shall be reconstructed to conform with the existing curb and gutter.

(b) Sidewalks shall not be abandoned by the property owner; and if a driveway entrance is removed, the section of pavement providing the pedestrian walkway (sidewalk) shall remain or be constructed to the sidewalk standards of this chapter.

(Ord. No. 7717, §3, 12—17—87)

Secs. 20—154—20—165. Reserved.

ARTICLE VI. SAFETY PRECAUTIONS FOR

OBSTRUCTIONS, EXCAVATIONS OR

ENCROACHMENTS IN PUBLIC WAYS

Sec. 20—166. "Constructing party," "constructor" defined.

As used in this article, the term "constructing party" or "constructor" means any person whose operations include the construction, repair, rearrangement, alteration or dismantling of any facility located wholly or in part, in or along a street, alley, sidewalk or other public property. (Gen. Ords. 1959, §28.02; Ord. No. 5198, 7—11—68)

Sec. 20—167. City operations within scope of this article.

The provisions of this article shall apply to city operations. (Gen. Ords. 1959, §28.03; Ord. No. 5198, 7—11—68)

Sec. 20—168. Storage of building materials.

(a) Whenever practicable, all materials required for construction, repairs, rearrangement, or alteration, or recovered by dismantling operations shall be stored outside the dedicated streets or alleys.

(b) In special cases, such materials may be stored temporarily within the dedicated streets or alleys when this is covered by specific authority included in the excavation permit or the building permit.

(c) Whenever practicable, the material shall be stored outside the swaths used for the traveled roadway and sidewalks.

(Gen. Ords. 1959, §28.04; Ord. No. 5198, 7—11—68)

Sec. 20—169. Protection of sidewalk excavations.

Whenever any person shall excavate across the sidewalk of any street for any purpose, the constructing party shall place a strong and substantial footbridge over such excavation in the line of the sidewalk; the bridge shall be at least four (4) feet broad, and securely railed on each side so that foot passengers may pass over it safely and conveniently at all times. (Gen. Ords. 1959, §28.05; Ord. No. 5198, 7—11—68)

Sec. 20—170. Pedestrian walkways.

(a) A pedestrian lane, at least three (3) feet wide, shall be provided around any construction area encroaching on a sidewalk. The pedestrian lane may be immediately adjacent to a vehicular lane if the two are separated by a continuous barricade or fence. The pedestrian lane shall be so located as to have firm relative smooth surfacing and free of surface drainage flow or flooding during unfavorable weather. If necessary, flooring shall be installed to meet these conditions.

(b) If the constructing party's operations include handling materials or performing work above any area used for a pedestrian walkway, either temporary or permanent, there shall be built over such walkway a framework and covering composed of supports and stringers of three (3) inch by twelve (12) inch timbers or the equivalent, not more than eight (8) feet from centers, covered by two (2) layers of two (2) inch planks. The framework and covering shall remain in place as long as the construction operations require working over the walkway.

(Gen. Ords. 1959, §28.10; Ord. No. 5198, 7—11—68)

Sec. 20—171. When temporary roadway required.

In all cases where an excavation is made entirely across the traveled portion of any street, a substantial roadway shall be provided and maintained by the constructing party until the excavation has been filled. (Gen. Ords. 1959, §28.06; Ord. No. 5198, 7—11—68)

Sec. 20—172. When fencing or warning lights required.

Each person who shall cause to be made an excavation in or adjoining a public street, sidewalk, alley or public place shall cause the entire work area to be fenced in with a substantial fence or barricade not less than three (3) feet high or otherwise protected in such a manner as may be specified in the excavation permit, and so placed as a warning to prevent persons, animals or vehicles from falling into the excavation. Each person making or causing to be made any such excavation and any person who shall occupy or cause to be occupied any portion of any street, sidewalk, alley or public place with material or any obstruction shall cause one (1) red or amber light to be securely and conspicuously posted on or near the excavation, material or obstruction providing the obstruction does not extend more than ten (10) feet in length; and if over ten (10) feet and less than fifty (50) feet, two (2) red or amber lights, one (1) at each end shall be placed; and one (1) additional light for each additional fifty (50) feet or part thereof; and shall keep such light or lights burning or flashing during the entire night. (Gen. Ords. 1959, §28.07; Ord. No. 5198, 7—11—68)

Sec. 20—173. Access to premises to be provided.

All work subject to this article shall be planned and executed in such a manner as to maintain safe access to all residences and places of business. Whenever necessary, temporary footbridges or roadways shall be provided as specified in this article to provide this access. (Gen. Ords. 1959, §28.08; Ord. No. 5198, 7—11—68)

Sec. 20—174. Encroachments into vehicular traffic lanes.

Whenever the constructing party's operations encroach upon or extend into a vehicular lane, warning signs and protective devices, in addition to those specified in section 20—172, shall be provided and kept in place for the entire time the encroachment is in effect, as follows:

(a) Traffic cones or equivalent markers shall be placed to channelize vehicular traffic around the construction area. A warning sign shall be displayed to warn traffic approaching the encroachment. The sign shall be located outside the traffic lane, at least three hundred (300) feet from the obstruction, and mounted at a sufficient height to be visible above passenger motor vehicles. The face of the sign visible to approaching traffic shall bear a notice similar to the following:

"BARRICADE AHEAD
Form Single Line
Left (or Right)"

(b) Whenever the encroachment upon the street can cause traffic in one direction to be diverted into the path of oppositely directed traffic, the warning sign shall be displayed on each side of the obstruction. The sign shall be lettered:

"BARRICADE AHEAD
One—Way Traffic"

(c) The notices shall be printed in bold letters contrasting with the background coloring of the sign and at night shall be illuminated with a white or yellow light of adequate intensity to make the warning readily visible.

(d) When the encroachment is of comparatively short duration, a sign bearing the notation:

"MEN WORKING"

may be substituted for the "Barricade Ahead" sign; However, the "Men Working" sign shall be supplemented by red warning flags or a comparable conspicuous device mounted on a standard of sufficient height to be visible above passenger motor vehicles, and located on the approach side of the obstruction.

(e) Whenever necessary, the constructing party shall provide flagmen as required to direct the flow of traffic through the construction area.

(Gen. Ords. 1959, §28.09; Ord. No. 5198, 7—11—68)

Sec. 20—175. Removal of construction debris.

At all times, all active vehicular lanes and pedestrian walkways shall be kept free of all construction materials, rubble and debris. (Gen. Ords. 1959, §28.11; Ord. No. 5198, 7—11—68)

Sec. 20—176. Removal of protection devices.

(a) At the completion of the work on a project subject to this article, all vehicular and pedestrian traffic lanes shall be restored to the normal pattern and all barricades, fences, warning signs and similar devices shall be removed. The entire street and sidewalks affected by the encroachments shall be cleared broom-clean.

(b) Whenever possible during the work on a project subject to this article, the vehicular and pedestrian lanes shall be restored to the normal pattern, even though this is a temporary condition. In such cases, the barricades, fences and other warning devices shall be removed to avoid any confusion in traffic directional arrangements. The warning sign marked "Barricade Ahead" may be securely covered to obliterate the warning in lieu of removing the sign.

(Gen. Ords. 1959, §28.12; Ord. No. 5198, 7—11—68)

Sec. 20—177. Inspection and enforcement by the chief of police; notification of permit issuance.

(a) The chief of police shall make such inspections as required to determine whether or not the protective measures applied are adequate to handle the vehicular or pedestrian traffic through the area affected by the construction encroachments. In case the provisions of this article are not complied with, the city marshal shall notify the constructing party to cease all work on the project until corrective measures have been applied.

(b) The city engineer, the building commissioner and the plumbing inspector shall furnish the chief of police with a copy of all excavation permits and building permits to assist in the discharge of responsibilities prescribed by subsection (a). A copy of the permits or verbal notification of such permits shall be furnished to the fire chief.

(Gen. Ords. 1959, §§ 28.13, 28.14; Ord. No. 5198, 7—11—68)

Sec. 20—178. Constructing party to bear cost of complying with this article.

The constructing party shall be responsible for and bear the entire expense of providing all flagmen, warning signs, barricades, lights and any other warning devices required by this article to mark or guard work areas. (Gen. Ords. 1959, §28.03; Ord. No. 5198, 7—11—68)

Sec. 20—179. Tampering with warning signals.

No unauthorized person shall remove, break or extinguish any lantern or danger signal which has been placed on any street or alley to protect persons against accidents. (Gen. Ords. 1959, §12.01)

Sec. 20—180. Vertical loadings on sidewalks id curbs.

Motor vehicles or work equipment which is used in connection with installing, servicing, or repairing public utilities located behind the curb, or motor vehicles or work equipment which must traverse a curb or sidewalk in order to reach a work site, shall comply with the following regulations:

(a) A motor vehicle or work equipment unit equipped with steel cleated treads or the equivalent shall not be moved along or across any paved sidewalk or street unless:

(1) The paved surface is to be replaced without delay in connection with the work requiring the use of such vehicle or machinery unit.

(2) Suitable plank protection is provided as described in subsection (d) below.

(b) Motor vehicles with rubber tires or similarly mounted work equipment may be moved across or along a Portland cement driveway without any protective arrangements provided the vertical loading does not exceed two thousand (2,000) pounds per wheel, otherwise plank protection shall be provided as described in subsection (d) below. In the case of vehicles with dual wheels, the two thousand (2,000) pound limit applies to the dual wheel assembly.

Asphaltic concrete sidewalks or driveways shall be protected with planking when the vertical loading is one thousand (1,000) pounds or more per wheel.

(c) Motor vehicles or work equipment may cross curbs provided a temporary ramp arrangement of planking is provided so that the vertical loading does not exceed one thousand (1,000) pounds for asphaltic concrete curbs or two thousand (2,000) pounds for Portland cement curbs for any single wheel assembly. Dual wheels shall be considered as a single unit.

(d) Where plank protection is specified, the planks shall be provided under each wheel and the long dimension of the plank shall run approximately parallel to the axle of the wheel. Each plank shall be made of either solid or laminated hardwood and shall have approximate dimensions of two (2) inches in thickness, ten (10) inches in width, and a length of at least three (3) feet for a single wheel and five (5) feet for a dual wheel. The planks shall be placed so that the vertical loading will be applied at approximately the center of each plank.

(e) If a sidewalk or driveway is damaged by parking or operating a motor vehicle; or other machine work unit, across or along such paved surface, the owner or operator of the machinery shall make all repairs by replacing the damaged section of the curb, sidewalk or driveway.

(Ord. No. 5704, §1, 5—16—74)

Secs. 20—181—20—199. Reserved.

ARTICLE VII. NUMBERING BUILDINGS

Sec. 20—200. Compliance with article required.

The numbering of all buildings fronting on public streets in the city shall be in conformity with the provisions of this article. (Gen. Ords. 1959, §12.14(a))

Sec. 20—201. Use of odd and even numbers.

Odd numbers shall apply to the north and west sides of streets, and even numbers shall apply to the south and east sides of streets. (Gen. Ords. 1959, §12.14(a))

Sec. 20—202. North—south baseline established.

On all streets running in a northward and southward direction, the numbering shall commence with the number one hundred (100) at Argonne Drive, and shall increase north and south at the rate of one hundred (100) numbers for each block, as nearly as the varying series of streets will admit of, thus: Rose Hill Avenue, Woodbine Avenue, Madison Avenue, Washington Avenue and Essex Avenue, and their continuations east and west, shall be rectified lines of numbering north and south. (Gen. Ords. 1959, §12.14(a))

Sec. 20—203. East—west baseline established.

On all streets running in an eastward and westward direction, the numbering shall commence with number one hundred (100) at Kirkwood Road and shall increase east and west at the rate of one hundred (100) numbers for each block, as nearly as the varying series of streets will admit of, thus: Geyer Road, Harrison Avenue, Fillmore Avenue and Woodlawn Avenue, and their continuations north and south, shall be rectified lines of numbering east and west. (Gen. Ords. 1959, §12.14(a))

Sec. 20—204. City engineer to establish building numbers; records.

The building commissioner shall establish all house numbers, and shall allow one (1) number for twenty—four (24) feet of vacant ground, and shall furnish all owners and builders with the information necessary for them in placing their numbers, giving in each case a certificate of the number properly applicable to it, and keep a record of the numbers arranged according to streets; and all numbering of buildings shall be done in conformity with the directions of the city engineer. (Gen. Ords. 1959, §12.14; Ord. No. 6116, §1, 4—14—77)

Sec. 20—205. Contractors to obtain building number certificates.

The contractor in charge of the greater part of the work of erecting any building in the city shall report the location thereof to the city engineer and procure a certificate of the building number thereof, and shall cause the number to be placed on the building; or he may deliver the certificate to the owner to be complied with by the owner in cases where the owner is a resident of the city. (Gen. Ords. 1959, §12.14; Ord. No. 6116, §1, 4—14—77)

Sec. 20—206. Building owners to number buildings in conformance with this article.

All persons owning or occupying buildings are required to number the buildings in conformity with the provisions of this article. (Gen. Ords. 1959, §12.14)

Sec. 20-207. Display and Standards for Building Address Numbers.

(a) Each structure shall have street address numbers displayed in a location easily observed and readable from the public right-of-way. Address numbers shall be in Arabic figures at least four (4) inches high with one-half (1/2) inch wide strokes. All address numbers shall be a contrasting color to the background to which they are mounted.

(b) In addition to the address numbers displayed in accordance with the above subsection, additional address numbers shall be provided at all remote exit doors in commercial occupancies. Address numbers shall be in Arabic figures at least four (4) inches high with one-half (1/2) inch wide strokes. All address numbers shall be a contrasting color to the background to which they are mounted.

(Ord. No. 9482, §1, 5-19-05)

ARTICLE VIII. GRADING

Sec. 20—208. Purpose.

The purpose of this article of the Code pertaining to Grading is to provide for the proper grading, filling, excavation, altering, and disturbance of the land surface. Therefore, the provisions of this article are designed to protect life, property and the environment from loss, injury and damage by pollution, erosion, dust, settlement, siltation, or other potential hazards and nuisances as may result from the uncontrolled disturbance of the land surface. (Ord. No. 9060, §1, 8-2-01)

Sec. 20—209. Definitions.

Grading shall mean altering of the present surface of the ground, excavation, fill, in place ground modification, movement of earth or rock, change in existing ground cover (vegetative and non-vegetative), change in the existing topography, or any combination thereof, including the establishment of a ground surface following the construction or demolition of a structure. (Ord. No. 9060, §1, 8-2-01)

Sec. 20-210. Permit required.

(a) No person shall perform grading, cause grading, contribute to grading or allow grading without first filing an application with the Director of Public Works and obtaining a Grading permit except as provided in this article.

(b) The fee for a grading permit shall be one hundred fifty dollars ($150.00) which shall include two inspections. Additional inspections shall be sixty-five dollars ($65.00) each. Whenever any work for which a permit has been commenced without first obtaining said permit or when a permit is revoked, a special investigation shall be made before a permit is issued or reinstated. An investigation fee of one hundred fifty dollars ($150), in addition to the permit fee shall be collected whether or not a permit is subsequently issued. Payment of the investigation fee shall not exempt any person from compliance with all the provisions of this code nor from any penalty prescribed by laws.

(c) The issuance of a grading permit shall not authorize any person to unreasonably alter, increase, or redirect the surface water runoff so as to cause harm to any person or property.

(Ord. No. 9060, §1, 8-2-01)

Sec. 20-211. Grading schedule and plan required.

(a) The permit application for a grading permit shall be accompanied by a grading schedule and three copies of a grading plan except as provided in this article.

(b) The plan shall include as deemed necessary by the Public Works Director: contours at two foot intervals, first floor elevation of buildings on or proposed on the site, the elevation of the actual ground surface and proposed ground surface, water courses, erosion and sediment control, dust control, final surface vegetation or non-vegetation, grading material, surface water runoff calculations, metropolitan sewer district review and the seal of a professional engineer licensed in the State of Missouri.

(c) When the City Council has approved the development plan of a subdivision; or when the planning and zoning commission has approved the site plan for a multiple family, commercial, industrial or institutional project, a grading plan is not required, unless the Public Works Director requires further information to determine that the grading will be performed in accordance with this article.

(Ord. No. 9060, §1, 8-2-01)

Sec. 20-212. Conditions when permit not required.

(a) No grading permit shall be required for the temporary depositing of clean uncontaminated earth, rock or stone on occupied property for the purpose of landscaping or gardening on such property provided there is no change of elevation of the ground surface except for installing landscaping berms less than one foot high and less than 100 square feet.

(b) No grading permit shall be required for the construction of a single-family residence, addition or accessory structure, driveway or retaining wall; utility excavation; removal of underground storage tank; or demolition of a structure when a valid permit has been obtained under the codes of the City of Kirkwood for such activity.

(c) No grading permit shall be required for work performed by the City of Kirkwood.

(Ord. No. 9060, §1, 8-2-01)

Sec. 20-213. Standards for permit approval.

No grading permit shall be issued where the Public Works Director finds that the proposed grading plan does not satisfy the Standards for Grading established in this code. (Ord. No. 9060, §1, 8—2-01)

Sec. 20-214. Standards for grading.

The Standards for Grading shall apply to all grading within the City of Kirkwood whether grading is performed with or without a grading permit.

(a) All grading shall be performed with clean uncontaminated earth or rock which does not contain any garage, refuse, rubbish, trash, construction waste, demolition waste, concrete, asphaltic concrete, wood, lumber, or vegetation matter, such as trees, limbs, brush, leaves, yard waste, roots, shrubs, shrubs with roots, and tree trunks.

(b) Grading shall be performed in such a manner as not to cause or allow the natural or established water course to be diverted or reduced in capacity except as specifically approved as part of an approved building permit, subdivision development, site plan development, grading permit, or authorization of the Metropolitan Sewer District.

(c) Grading shall be performed in such a manner as not to disturb a natural or established water course by reducing the capacity of the water course or diverting the water flow, except as specifically approved as part of an approved building permit, subdivision development, site plan development, grading permit, or authorization of the Metropolitan Sewer District.

(d) Grading shall be performed in such a manner as not to cause or allow sediment on adjacent property, public property (including street pavements and sidewalks), or to cause or allow pollution of a watercourse.

(e) Grading shall be performed in such a manner as not to cause or allow the blowing and scattering of dust particles on adjacent property, public or private.

(f) During grading operations and until ground cover is established, interim siltation and erosion control in the devices or procedures shall be required and shall be maintained to function at their design capacity to prevent sediment, erosion or pollution on adjacent properties, public property, or in water courses. The Public Works Director shall approve erosion and sediment control devices and procedures.

(g) A Land Disturbance Permit shall be obtained from the Missouri Department of Natural Resources when a land surface area of five acres or greater is disturbed.

(h) Grading shall be performed in such a manner as prevent the ponding or pooling of water during grading operations and upon the final graded surface.

(i) During grading operations and until ground cover is established, adjoining properties shall be protected from dust, deposit of mud or silt or erosion damage

(j) The grading shall be performed in such a manner as not to unreasonably alter, increase, or redirect the surface water runoff so as to cause harm to any person or property.

(k) During grading operations the grade of the ground, and upon completion the final graded surface shall not exceed a slope steeper than three (3) horizontal to one (1) vertical unless specifically authorized in the grading permit.

(l) All grading operations shall be carried out promptly in such a manner as to minimize inconvenience and harm to adjacent properties and property owners, and to expose the smallest practical area of ground for the least time.

(Ord. No. 9060, §1, 8-2-01)

 Sec. 20-215. Revocation of permit.

The Public Works Director or his authorized representative may revoke the grading permit should the applicant fail to meet the approved schedule or fail to conform to the Standards for Grading in this article. (Ord. No. 9060, §1, 8-2-01)

Sec. 20-216. Right of entry.

The Public Works Director or his authorized representative may enter the premises at any reasonable time to perform inspections and the duties imposed by this code. (Ord. No. 9060, §1, 8-2-01)

Sec. 20-217. Penalties.

Any person, firm, or corporation who shall violate any provision of this chapter or shall fail to comply with any requirement thereof, shall, upon conviction thereof, be guilty of a misdemeanor, punishable as prescribed in Section 1.8 of the Code of Ordinances of the City of Kirkwood. Each day's violation of, or refusal or neglect to comply with, any provision of this ordinance or the Code hereby adopted, shall constitute a separate and distinct offense. (Ord. No. 9060, §1, 8-2-01)

Sec. 20-218. Unlawful continuance.

Any person who shall continue any work after having been ordered to stop work, or been served with a Stop Work Order by posting on the property or first class mail, shall be guilty of a misdemeanor, punishable as prescribed in Section 1.8 of the Code of Ordinances of the City of Kirkwood. Each day's violation of, or refusal or neglect to comply shall constitute a separate and distinct offense. However, with written authorization of the Director of Public Works, work as specifically authorized and directed shall be performed to remove a violation or unsafe condition. (Ord. No. 9060, §1, 8-2-01)


*Cross references—Games in streets, §17—5; location of utilities facilities in public ways, §23-186 et seq.

*Editor's note—Section 2 of Ord. No. 7717, adopted Dec. 17, 1987, deleted former Div. 3 §§ 20—66—20—68, and enacted provisions in lieu thereof a new Div. 3, Sidewalk Construction, §§ 20—66—20—68. Inasmuch as Div. 2 of this article pertains to sidewalk construction and repair, the editor has removed Div. 3 and retitled §§ 20—66—20—68 as Subdiv. B of Div. 2. Former §§ 20—66—20—68 pertained to sidewalk contractors and derived from Gen. Ords. 1959, §§ 12.36, 12.37, and Ord. No. 7468, § 1, adopted Feb. 6, 1986.

*Editor's note—Section 3 of Ord. No. 7717, adopted Dec. 17, 1987, deleted former Art. V and enacted provisions in lieu thereof to read as set out in Art. V, §§ 20—143—20—153. Formerly Art. V contained §§ 20—143—20—145, which pertained to similar subject matter and derived from Can. Ords. 1959, §12.11, and Ord. No. 7470, §1, adopted Feb. 6, 1986.