DIVISION 4. EXCAVATIONS
Sec. 14-79. Utility planned work program and utility map.
(a) Each year on or before March thirty-first, each public utility shall submit to the director of public works its planned work program for the ensuing year, which need not include emergency work nor normal house service lines. Thereafter, no permit shall be issued to a utility for excavations not contained within its planned work program, except for emergencies and normal house service lines, unless a written application for such excavation shall be specifically approved by the director of public works.
(b) Upon the request of the director of public works, each utility having underground lines within the town shall furnish to the town, free of charge and updated at least once each year, a street map showing the locations of all of its underground utility lines within the town and the approximate diameter and installation depth of each line.
(Ord. of 2-27-89, § 12.2)
Sec. 14-80. Permit required
No person including a utility shall dig up, excavate, tunnel, undermine or in any manner break up any street or make or cause to be made any excavation in or under the surface of any street for any purpose or place, deposit or leave upon any street any earth or other material obstructing or tending to interfere with the free use of the street, unless such person including a utility shall first have obtained a street opening permit from the public works director as provided in section 14-84.
(Ord. of 2-27-89, § 12.1)
Sec. 14-81. Commencement of work.
Excavation work must be started no later than thirty (30) days from the date of issue of the street opening permit. After the expiration of this thirty-day period, such permit shall become null and void.
(Ord. of 2-27-89, § 12.3)
Sec. 14-82. Restricted time period.
No person shall be granted a street opening permit from December first of each year to March thirty-first of the following year unless an emergency or special condition exists and written permission is obtained from the director of public works. A written explanation shall be submitted to the director of public works explaining the special situation or emergency prior to the issuing of the permit.
(Ord. of 2-27-89, § 12.4)
Sec. 14-83. Moratorium.
A five-year moratorium, except for emergency or special situations, on the issuance of any street opening permit is in effect after the completion of a new or newly reconstructed roadway.
(Ord. of 2-27-89, § 12.5)
Sec. 14-84. Application for permit.
(a) No street opening permit shall be issued unless a written application is submitted to the director of public works for review.
(b) The application shall state the name and address of the applicant and an emergency phone number that will be answered twenty-four (24) hours per day, the type of work to be done, signatures of approval from utilities, name of the place and street number and purpose of the excavation, the date of commencement and date of completion of excavation.
(c) The application shall be accompanied by a diagram of the planned excavation submitted on an eight-and-one-half-inch by eleven-inch sketch showing trench locations, widths, depths, location of all barricades, warning signs, detour signs and detour routes and such other information as may be reasonably required by the director of public works.
(d) If the applicant is other than a public utility and intends to excavate in the vicinity of a facility owned or operated by a public utility or oil pipeline owned by a person, the applicant shall provide the information required by the town under this section to the utility or person owning such facility in addition to providing such information to the town.
(e) The application for permit shall be accompanied by payment of a permit fee and opening fee established by the town council which is on file in the town clerk's office.
(f) A preconstruction meeting may be held, if felt to be warranted by the director of public works.
(g) The application shall be accompanied by proof of notice to the utilities as provided in 23 M.R.S.A. § 3360.
(h) An application fee established by the town council which is on file in the town clerk's office shall be paid for each issuance and renewal of the street opening permit. When required by the provisions of this division, additional charges for resurfacing the street excavation for which a permit is requested shall be paid to the town before issuance of the permit. When additional charges for resurfacing are required by the provisions of this division, those charges shall be computed from the table of chargesper square yard which is on file in the town clerk's office.
(Code 1966, Ch. 402, § 1; Ord. of 2-27-89, § 12.6(a)--(g))
Sec. 14-85. Additional charges and fees.
(a) Minimum charges which are on file in the town clerk's office shall be made for any street or sidewalk opening equivalent to two (2) square yards, and any street or sidewalk opening for bar holes used to test gas and waterlines equivalent to two (2) square yards.
(b) Where three (3) or more street openings are made in a sequence fifteen (15) feet or less, center to center, between each adjacent opening, the permittee shall be charged for one (1) opening measured from the first opening to the last opening.
(c) All street opening permit fees and charges shall be paid to the town and shall constitute a special fund for the reconstruction and repaving of such excavations and long-term maintenance of streets.
(d) Upon the completion of the excavation work and after settlement is stabilized, a measurement shall be made by the town of the size of the opening and a bill or refund will be mailed to the permittee depending upon the cost of the opening to be repaired. The cost will be equal to the total number of square yards multiplied by the rate which is on file in the town clerk's office.
(Code 1966, Ch. 402, §§ 1, 2; Ord. of 2-27-89, § 12.6(h)--(k))
Sec. 14-86. Reason for denial of permit.
The director of public works, may deny any street opening permit if it is felt that such excavation would endanger the life or property of the citizens of the town or if such excavation would endanger the general public or interfere with snow removal. The denial may be appealed within thirty (30) days to the town council. All denials by the director of public works shall be made in writing to the applicant.
(Ord. of 2-27-89, § 12.4)
Sec. 14-87. Notice of commencement of work.
The excavator shall give notice to the director of public works not more than seventy-two (72) hours nor less than twenty-four (24) hours before excavation work begins. (Ord. of 2-27-89, § 12.7)
Sec. 14-88. Requirements for conducting excavation.
(a) The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, valve housing structures, traffic-signal cables and loops and all other equipment as designated by the town.
(b) Regardless of the type of material excavated, only dry granular material shall be used for backfill purposes, and all unsuitable material shall be forthwith removed from the site of excavation. The backfill material shall be thoroughly compacted in twelve-inch layers by suitable methods and in all cases only approved bank-run gravel shall be used for the top twelve (12) inches.
(c) When the backfill material has been placed and compacted as directed, the excavator shall install a temporary patch using a hot or cold bituminous mix of a type approved by the director of public works. This patch shall remain in place for a period of sixty (60) days, during which time the excavator shall be responsible for the maintenance of same. At the end of this period the excavator shall install a permanent patch as hereinafter set forth.
(d) Permanent resurfacing of pavement excavations shall be completed within sixty (60) days of initial excavation. A bituminous hot mix shall be applied in accordance with specifications given by the director of public works. The permanent surfacing shall consist of asphaltic concrete only and shall be installed in two (2) courses, the first course to consist of a binder mix and the final to consist of a finish mix, the total depth of which shall be four (4) inches (compacted thickness). In preparing the trenchfor the final surfacing, the old material shall be fully excavated and the edges of the trench cut off six (6) inches wider than the original width of the excavation. All edges shall be neatly trimmed to form straight lines insofar as possible, and a compressor or masonry saw shall be used for this purpose. Compaction of
the trench shall be by means of vibratory equipment or other mechanical means of a type approved by the director of public works. All edges shall be sealed using an approved sealing compound.
(e) If in the judgment of the director of public works traffic control is necessary, the applicant shall at his cost provide such control as may be required.
(Ord. of 2-27-89, §§ 12.8--12.12)
Sec. 14-89. Insurance.
Prior to the issuance of a permit to make an excavation within the right-of-way, the contractor must file a certificate of insurance with the town. The certificate shall include comprehensive and liability coverage of at least five hundred thousand dollars ($500,000.00).
(Code 1966, Ch. 402, § 3; Ord. of 2-27-89, § 12.13)
Secs. 14-90--14-100. Reserved.
Section from Maine State Law
S.P. 418 – L.D. 1207
An act to amend the Local Highway Laws
Sec. 3.23 MRSA 3351-A
Moratorium restoration requirement
If a municipality issues a permit to open a street within five years after that street or highway was paved or substantially repaired, the municipality may require the permittee to relay the full width of the road surface on both sides of the cut for a distance of 20 feet from the furthest outside edges of the cut. If that repair overlaps the edge of a repair from a previous opening, the municipality may require the permittee to relay the fill width of the road to the furthest edge of that previous repair. The municipality may prescribe the depth and method of restoring the pavement based upon the class of the street, except that in no case may the depth of the restored pavement be less than 1.5 inches.
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