§ 91.057  OPENING IN PAVEMENT; EXCEPTION.
   It shall be unlawful for any person, firm or corporation to make any opening in, break, tear up, excavate, cut or remove the surface of any paved or improved street, avenue, alley or other public place or any portion thereof in the city at any time within the period of five years from the date of completion of the construction of any improved street, avenue, alley or other public place, or any portion thereof, for the purpose of laying gas, water or steam heat pipes, the building of sewers, sewer connections or drains or conduits for underground wires, or connections with any of the aforesaid pipes, sewers, drains or conduits provided that, if by reason of any emergency, it shall be necessary to immediately repair any break in any water, gas, steam heat main or underground conduit or any connection therewith in order to avoid loss or injury, then an opening may be made in the street, avenue, alley or public place upon the following conditions:
   (A)   It shall be unlawful for any person, firm or corporation desiring to tunnel under or to make any excavation or opening in any street, alley or other public place in the city without obtaining a permit from the Director of Utilities and Engineering. The Department of Utilities and Engineering of the city shall be exempt from all opening fees. Due to the large number of openings made by public utilities, mainly AMEREN and AT&T and the large workload that this places on the city crews, public utilities are given permission to break out and replace their own openings and those openings made by the public utilities shall be maintained for a period of two years by the utilities. All other persons, firms or corporations shall be required to have the street openings replaced by the city. The fees assessed for these openings shall be as follows:
 
Material
Fee
Concrete, brick, asphalt bituminous concrete or similar material
For breaking out and replacing pavement, $6 per square foot
For replacement of pavement only, $4 per square foot
Oil and chip streets, crushed stone or gravel
For breaking out and replacing the pavement, $5 per square foot
For replacement of pavement only, $2 per square foot
 
   (B)   In a street that has been opened, the opening shall be back filled with sand and jetted and a top surface of four inches of gravel or crushed stone shall be applied by the party making the opening. A flat charge of $4 shall be made for openings in parkways between curb and sidewalk. The application shall state the place minutely at which it is desired to make the opening together with the purpose for which it is desired to make the opening, and the time when it is desired to begin work. The same charges and conditions shall apply where an opening is made in any street, avenue, alley or public place for any purpose at any time after the five-year period mentioned above, and no opening shall be made before the permit is issued except in emergency, such as breakage or stoppage. All openings made within ten feet of a crosswalk shall be planked or otherwise securely covered while the excavation remains open.
(1980 Code, § 14.303)  (Ord. 9329, passed 3-19-2018)  Penalty, see § 91.999