CUTS AND EXCAVATIONS

Tupelo Code of Ordinances ch. 24, art. II

in effect

Tupelo Code of Ordinances § 24-21 Definitions.

Sec. 24-21. - Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows: ASTM means and shall refer to the latest current specification of the American Society for Testing Materials. Paved area or pavement means any publicly owned hard-surfaced area in the city, including, but not limited to, streets, alleys, parking areas, sidewalks, curbs and gutter and valley gutters whether paved with concrete, bituminous surfacing or surface treatment. Person means any individual, firm, company, association, society, corporation, or group, including employees of departments of the city or a private utility, making a pavement cut. Street inspection official means the officially designated street inspection official of the city who is charged with the responsibility of administering this article, or his authorized deputy, agent, or representative. (Ord. of 12-4-84, Art. I, §§ 1, 3, 4, 6)

Tupelo Code of Ordinances § 24-22 Permits or notification—Required.

Sec. 24-22. - Permits or notification—Required. No authorized person shall destroy any paved area without first obtaining a written permit from the street inspection official, or in the case of a department of the city, a notification of the proposed cut. In the case of new construction the removal of curb and gutter for driveways shall be covered under the building permit for the house, and no additional permit under the provisions of this article shall be required. (Ord. of 12-4-84, Art. I, § 3, Art. II, § 1)

Tupelo Code of Ordinances § 24-23 Same—Application; required information; fees.

Sec. 24-23. - Same—Application; required information; fees. The permit application or notification under this article shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the street inspection official. A permit and inspection fee of twenty dollars ($20.00) for a single cut shall be paid to the city at the time the application is filed. The permit and inspection fee for multiple and/or longitudinal cuts will be determined at the time the application is made based upon the scope of the work involved. No permit and inspection fee will be charged when pavement cuts are made by departments of the city; however, departments of the city shall notify the street inspection official of each pavement cut. (Ord. of 12-4-84, Art. II, § 2)

Tupelo Code of Ordinances § 24-24 Same—Records.

Sec. 24-24. - Same—Records. The street inspection official shall maintain a file of each pavement cut permit or notification under this article. (Ord. of 12-4-84, Art. II, § 4)

Tupelo Code of Ordinances § 24-25 Same—Street inspection official's statement of compliance to be entered in file.

Sec. 24-25. - Same—Street inspection official's statement of compliance to be entered in file. The street inspection official shall inspect each pavement cut permit or notification and shall enter into the file of permits or notifications a signed statement that the work was done in conformity with this article. (Ord. of 12-4-84, Art. II, § 5)

Tupelo Code of Ordinances § 24-26 Costs and expenses to be borne by person cutting pavement.

Sec. 24-26. - Costs and expenses to be borne by person cutting pavement. All costs and expenses incident to pavement cuts under this article shall be borne by the person making the cut who also shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the cutting of the pavement. (Ord. of 12-4-84, Art. II, § 3)

Tupelo Code of Ordinances § 24-27 Construction methods.

Sec. 24-27. - Construction methods. (a) Generally. The materials of construction and the methods to be used in excavating, backfilling the trench and repaving shall conform to the requirements of this article and other applicable rules and regulations of the city. (b) Barricades and warning signs and lights. All work in pavement cutting shall be adequately guarded with barricades, signs and lights at all times so as to prevent the public from hazard. (c) Size of cuts. Cuts shall be made as small as practical. Neat polygonal pavement cuts shall be made with a saw, cutting wheels or with a breaking hammer with flat narrow edges. If construction damages the clean cut edges, wider parallel cuts shall be made prior to repaving. (d) Removal of excavated material. All excavated material shall be loaded and hauled off the site immediately upon excavation. Excavated material shall be loaded directly in trucks where possible. (e) Backfill material specifications. Backfill, from the bottom of the excavation to the bottom of the repaving, shall be selected borrow material which shall be a mixture of sand and clay containing sufficient binder material, natural or processed, to produce a uniform mixture complying with the requirements of this article. The materials shall be uniform and free of organic matter such as leaves, grass, roots and other objectionable or foreign substances. The gradation of the natural or processed material shall meet the requirements of the gradation given in the following table, when tested in accordance with ASTM C136. Sieve Designation (Square Openings) | Percentage By Weight Passing Sieves No. 10 ..... | 100 No. 40 ..... | 20—100 No. 60 ..... | 15—100 No. 200 ..... | 8—60 The material shall have a plasticity index not to exceed eight (8) and have liquid limit of not more than twenty-five (25), when tested in accordance with ASTM D433 and D424. (Local clean pit run topping-like material will normally meet this specification.) The backfill material shall be placed in layers not exceeding twelve (12) inches in thickness and each layer shall be compacted with a mechanical tamper of approved design to ninety-five (95) percent Standard Proctor density when tested in accordance with ASTM D698 and D1556 or D2922. A compaction test report done by a testing laboratory approved by the city, shall be required, when in the judgment of the street inspection official, the pavement cut is large enough to warrant a test, prior to repaving. The backfill shall be finished eleven (11) inches below the surrounding pavement. (f) Resurfacing. Immediately after the backfill has been satisfactorily shaped and compacted to the proper density, the area shall be repaved. For bituminous surfaces nine (9) inches of black base course in three-inch layers shall be placed in accordance with the state highway department specifications. A two-inch compacted thickness of bituminous surface course shall be provided, complying to state highway department specification. A tack coat of liquid asphalt shall be provided between each layer of base and surfacing. The street inspection official may authorize the use of base course asphalt only, rather than surface and base asphalt, when, in his judgment, the pavement cut is not large enough to warrant two (2) grades of asphalt. For concrete surfaces place concrete with six (6) sacks of cement per cubic yard and a twenty-eight-day compression test of three thousand (3,000) pounds per square inch when tested per ASTM C39. The concrete shall be the thickness of the original surface. Restore the original cross section of curbs and gutters and valley gutters and other structures shall be restored. Concrete surfaces shall be finished with the same surface finish as the surrounding finish. A ten-gauge wire mesh, a minimum of six (6) inches by six (6) inches shall be used in walks, driveways, and other pavements that exceed forty (40) square feet in size. The surface of repaving shall be finished smooth and flush with the surrounding pavement edges. Where the original pavement was crowned, the original crown shall be provided in the finished repaving. If settlement occurs within the one (1) year of the repaving, original surface elevations shall be restored with patches, to the approval of the street inspection official. (g) Cleaning of area. The area around pavement cuts shall be thoroughly cleaned and excess materials and debris disposed of. The site shall be left with a clean and attractive appearance. (Ord. of 12-4-84, Art. IV, §§ 1—7)

Tupelo Code of Ordinances § 24-28 Emergency pavement cuts.

Sec. 24-28. - Emergency pavement cuts. (a) Whenever it is necessary to make a pavement cut due to an emergency such as a ruptured utility line during hours when the street inspection official is not working, the street inspection official shall be notified and a permit obtained during the first two (2) hours of the next regular day of work of the street inspection official. (b) To prevent a public hazard, emergency pavement cuts shall be barricaded, signed and lighted at all times until the cut is completely repaired. (c) If it is necessary to backfill an emergency pavement cut with excavated material due to the urgency to restore traffic, on the next day of regular work, the backfill shall again be excavated and shall be disposed of. The second backfill and all subsequent work shall be accomplished with selected borrow material and repaved as hereinbefore specified. (d) The applicant for the pavement cutting permit shall notify the street inspection official when the work is ready for inspection. (Ord. of 12-4-84, Art. V, § 4)

Tupelo Code of Ordinances § 24-29 Violations; penalties.

Sec. 24-29. - Violations; penalties. (a) Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) Any person who shall continue any violation yond the time limit provided for in paragraph (a) of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section 1-8 of this Code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Additionally, more than three (3) violations of the terms of this article may result in termination of the pavement cutting permit. (c) Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. of 12-4-84, Art. VI, §§ 1—3)

Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH24STSIPUPL_ARTIICUEXFetched: 11/1/2026