HomeMy WebLinkAboutOrdinance 57
CHAPTER V – BUILDING, LAND USE & REGULATIONS
ORDINANCE 57EXCAVATION ORDINANCE
Section 57.01: SCOPE. This ordinance regulates the making of excavations within the
public right of way of streets, alleys, public easements, and other public grounds; provides for
the enforcement of the rules and regulations contained herein and prescribes penalties for the
violation thereof.
Section 57.02: DEFINITIONS. For the purpose of this ordinance, certain words and
terms used herein are defined as follows; and they shall have the meaning herein ascribed to
unless a different meaning is clearly indicated by the context in which they are used.
Subd. 1: Person. Shall mean individual person, corporation, partnership or association of
individual persons, or any public utility corporations.
Subd. 2: City. Shall mean the City of St. Joseph, Minnesota.
Subd. 3: City Engineer. Means that person or firm designated by the Council as City
Engineer.
Subd. 4: Maintenance Superintendent. Shall mean that person designated by the City as
Maintenance Superintendent.
Subd. 5: Shall. As used in this ordinance is mandatory.
Subd. 6: Improvement. As used herein shall include, but not be limited to, the following:
water lines; sanitary and storm sewer lines; whiteway and other street lighting; traffic signal
systems; traffic and street signs; topsoil; sod; trees; public utility lines and systems; streets and
bicyclepaths including subgrade, base, pavement or other surfacing, curbs, gutters, medians,
sidewalks, ramps, and similar items; and all appurtenances to the aforementioned items.
Subd. 7: Excavate. Shall mean to dig or otherwise disturb the existing ground surface; to
drill, jack, bore, or tunnel in or under existing ground surface; to undermine or otherwise impair
the stability of the ground surface or any improvement on or below the ground surface; and to
place excavated materials or debris on the ground surface obstructing or otherwise interfering
with the free use of said ground surface or any improvement.
Subd. 8: Permittee. Shall mean the person to whom a valid excavation permit has been
issued by the City of St. Joseph.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Section 57.03: GENERAL. No person shall excavate within the public right of way of
any street, alley, public easement, or other public grounds for any purpose other than in
fulfillment of a contract awarded by the City until a valid excavation permit has been issued
therefore by the City Administrator/Clerk.
Section 57.04: EXCAVATION PERMIT.
Subd. 1: Application. Application shall be made in writing on forms approved by the
City and available from the City Administrator/Clerk. Said application shall state in detail the
nature and character of the excavation to be made, the location thereof, and such other
information as the Maintenance Superintendent may reasonably require to enable him to fully
evaluate the nature of the work to be accomplished and the extent to which it will conform to the
requirements of this ordinance; provided, however, that in the event of an emergency, such work
as is required to alleviate the emergency may be accomplished without benefit of permit. In this
event, however, application for permit shall be made during the next succeeding work day and
the applicant shall be subject to all of the remaining provisions of this ordinance.
Subd. 2: General Requirements. No excavation permit will be issued to any person
unless the person has complied with the general requirements for City approvals under Section
14.06 if the St. Joseph Code of Ordinances.
Subd. 23: Permit Fees. A non refundable permit fee as may be established by resolution
of the City Council shall be paid to the City Administrator/Clerk at such time as the application
is submitted.
Subd. 34: Insurance. Persons intending to excavate under this Ordinance shall carry a
general policy of liability and property damage insurance which shall have minimum limits of
coverage of $100,000 for injuries to or the death of one person and not less than $250,000 on
account of one accident, and not less than $100,000 for property damage. A properly executed
certificate of insurance stating the coverage limits provided and certifying that the policy
complies in all respects with the provisions of this Ordinance shall be submitted with the
application. Said policy shall:
a) Include a "Hold Harmless Clause", specifically naming the City of St. Joseph as
the insured, which indemnifies and holds harmless the City of St. Joseph, its
officers, elected officials, agents, and employees from and against all claims,
damages, losses and expenses (including legal fees) arising out of or from
operations conducted by persons working under an approved excavation permit.
b) Provide that the coverage afforded shall be primary coverage to the full limits of
liability stated in the declarations, and if said City of St. Joseph; its officers,
elected officials, agents and employees have other insurance against the loss
covered by said policy, that other insurance shall be excess insurance only.
c) Provide that no cancellation of said insurance policy may be made by the insured
or insurance company, for any cause, without first giving twenty (20) days notice
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