[Adopted 11-17-1998]
This article prepared in accordance with the
provisions of 30-A M.R.S.A. § 3001 and 23 M.R.S.A. § 3381,[1] as amended, shall be known as and may be cited as the
"Ordinance for the Control and Regulation of Public Highway Excavations
Within the Town of Sanford" and shall be referred to herein as "this
article."
[1]
Editor's Note: Section 3381 of Title 23 was
repealed by L. 1999, c. 337.
The purpose of this article is to control and
regulate any and all excavations upon or in any public highway within
the municipality.
Nothing in this article shall apply to the municipality's
Public Works Department or to any state or state aid highway construction
and/or maintenance.
For the purpose of this article, the following
words shall have the meanings indicated. Words not herein defined
shall have their commonly accepted meaning.
A person as defined in this section who makes application
for a highway excavation permit or any representative of said person(s).
The form or document supplied by the municipality upon which
an applicant shall supply all information required to apply for an
excavation permit.
Any day of any given week, except Saturday, Sunday or any
holiday observed by the municipality.
An immediate excavation necessary to prevent personal injury,
death or the loss or disruption of a private or public utility or
service. The applicant shall have the burden of proving that such
an emergency exists.
Any operation in which earth, rock, paving or like material
on, around or below the surface of the ground is moved, displaced,
dug, trenched, tunneled or in any similar manner disturbed, except
the agricultural tilling of soil or gardening.
Any Town way or public easement, including any sidewalks
located within the boundaries of the way or easement.
The Town of Sanford.
The Town Council of the municipality.
[1]The form or document supplied by the municipality after approval
of an application for highway excavation.
That person who has obtained a permit for the excavation
of a highway and shall include any employee(s) or representative(s)
of said person.
An individual, partnership, private or public organization,
utility, joint venture or corporation and includes any employee of
said person.
That individual so designated and appointed by the municipal
officers. The Public Works Director may appoint or designate any appropriate
person to act in his/her stead.
Any item of personal property buried or placed below ground
for use in connection with the storage or conveyance of water, sewage,
electronic, telegraphic or any other type of communications, electric
energy, or oil, gas or other substances and including but not limited
to pipes, sewers, conduits, cables, valves, lines, wires, manholes,
attachments, appurtenances and those parts of poles below ground.
This definition shall not include highway drainage culverts.
A.
In accordance with the authority granted in 23 M.R.S.A.
§ 3381,[1] the municipality requires that any person wishing to cause
an excavation of any highway of the municipality shall first obtain
a permit from the municipality, except as provided below.
[1]
Editor's Note: Section 3381 of Title 23 was
repealed by L. 1999, c. 337.
B.
No permit shall be given for the excavation of new
construction or major maintenance for five years after completion
of said construction unless for emergency excavation. Where the Town
contemplates road construction or major pavement maintenance, such
as overlay or recycling, notice to owners of property not serviced
by facilities within the street shall be given by the Public Works
Director. Upon said notice such owners shall make appropriate arrangements
with the respective utility districts to have services extended to
said property if utilities are located within 200 feet of the nearest
property corner. Failure to provide such utility service shall result
in any future utility service connection work being considered nonemergency.
C.
A person who wishes to cause an excavation in any
road, street or thruway located outside the compact line established
by the Maine Department of Transportation, including but not limited
to Route 99, Route 109, Route 202 and Route 4, must first acquire
any required application and permit from the Maine Department of Transportation.
D.
The excavation application shall include the following:
(1)
Name of applicant(s).
(2)
Date of application.
(3)
Address of applicant.
(4)
Location of planned excavation (road name and number).
(5)
Purpose and description of the excavation.
(6)
Identification of person who will perform the excavation
and any associated work.
(7)
Date excavation is to start.
(8)
Date of completion of excavation and associated work.
(9)
A graphic description of the proposed project.
(10)
Utilities and Dig Safe notified, if required.
(11)
Location of any nearby churches, businesses,
utility poles and/or cemeteries.
(12)
Type of highway surface and estimated area to
be excavated.
(13)
Name and address of insurance carrier providing
liability insurance.
(14)
Any other information required by the Public
Works Director due to the size, nature or location of any particular
excavation proposal.
E.
Following review of the application and determination
of compliance with the requirements of this article, the Public Works
Director or his/her appointed representative shall issue an excavation
permit.
F.
There shall be a permit fee of $5, which shall be
paid to the municipality prior to the issuance of an excavation permit.
In addition, the following street opening charges (per square yard)
are hereby established in order to cover the reasonable cost or resurfacing
and/or repaving an excavation opening and shall be paid to the municipality
prior to the issuance of any excavation permit:
G.
There shall be a minimum charge for any highway excavation equivalent to three square yards assessed at the appropriate unit rate established in Subsection F.
H.
The municipality shall maintain a record of all excavation
applications and permits. Incidental fees paid to the municipality
shall be separately accounted for and shall constitute a special fund
from which the cost of resurfacing and/or repaving shall be appropriated.
The excavation permit shall be subject to the
following conditions:
A.
Except for emergency excavations, as defined in § 226-27, no excavation permits will be issued between November 15 of any given year and April 15 of the following year.
B.
Pavement cutting for excavations shall be in straight
lines, parallel to the excavation trench and cut back eight inches
on each side beyond the limits of the excavation trench opening.
C.
Responsibility for public safety surrounding the excavation
site rests exclusively with the permittee. Should the Public Works
Director or his/her appointed representative(s) feel that inadequate
safety measures are being used, he/she or they may direct corrective
action, which the permittee shall promptly undertake.
D.
The permittee shall be responsible for compliance
with any applicable Occupation Safety and Health Administration (OSHA)
requirements.
E.
The permittee shall not be permitted to leave open,
at any time, any excavation trench without prior approval from the
Public Works Director or his/her appointed representative. The permittee
shall cause the excavation to be fully and completely filled to the
surface of the surrounding highway before making any further excavation.
F.
Any excavated material may be used for backfill so
long as the material contains no rocks or pavement pieces larger than
six inches in diameter. Unsuitable excavated material shall be totally
removed from the excavated site. The final 18 inches of backfill shall
be bank-run or screened gravel having a maximum particle diameter
of four inches; fine sand, loam or clay is not acceptable. The backfill
shall be placed in nine-inch lifts and compacted with power tampers
supplying a minimum energy of 250 pounds per square foot. Backhoe
or truck compaction is unacceptable and shall not be utilized.
G.
Prior to the commencement of an excavation project,
the permittee shall obtain and retain for the duration of the excavation
project liability insurance in an amount no less than $300,000. The
municipality shall be named as an additional insured upon the policy,
and the certificate shall indicate that the policy shall not be canceled
without 30 days' prior notice to the municipality.
[Amended 10-7-2014 by Order No. 14-144.08]
A.
All utility companies, including but not limited to cable television, water, sewer, telephone, gas or power, must comply with the application process pursuant to Title 35-A M.S.R.A., Public Utilities, Part 2, Public Utilities, and may also be required to obtain a permit pursuant to § 226-28 for excavation or new construction within the rights-of-way.
B.
A utility company, including but not limited to cable television,
water, sewer, telephone, gas or power, performing a major opening
may obtain permission from the Public Works Director to perform its
own repairs in excess of 100 linear feet in accordance with the specifications
established in this article. The Public Works Director may require
a utility to have repairs to pavement fixed with an infrared machine.
Any utility company performing its own repairs may be required to
provide a secured guarantee such as a job bond, insurance certificate
and/or escrow account for three years from the date of completion
of the work and shall be responsible for correcting any defects in
or repairs to such work. The utility shall notify the Public Works
Director or his/her appointed representative prior to correcting any
problems or making any repairs to the street opening during this three-year
period.
C.
After an excavation is commenced, the permittee shall carry out with
diligence and expedition all excavation work covered by the permit
and shall promptly complete such work and restore the street or sidewalk
as specified in this article. The permittee shall perform such restoration
work so as not to obstruct, impede or create a safety hazard to public
travel.
D.
All material excavated from trenches and piled adjacent to the trench
or in any street shall be piled, and maintained in such manner as
not to endanger those working in the trench, pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using streets and adjoining property.
E.
Where the confines of the area being excavated are too narrow to
permit the piling of excavated material beside the trench, the City
shall have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at
the time of backfilling.
F.
Backfilling and compaction of roadway and sidewalk subgrade materials
shall conform to MaineDOT Standard Specification 304.03 in order to
prevent future settling of roadway materials. Additionally, common
borrow materials shall conform to MaineDOT Standard Specification
703.18 preventing frozen materials, perishable rubbish, peat and other
unsuitable materials from being present in excavation backfill.
G.
After completing the placement, replacement or removal of a pole
or an underground facility pursuant to this article, the public utility
or contractor to the public utility shall remove from the right-of-way
any debris created by the placement or excavation for such utility
within five business days.
H.
Whenever the use of a substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person or
utility owning, using, controlling, or having an interest therein,
shall within 30 days after such abandonment, file with the City a
statement in writing giving in detail the location of the substructure
so abandoned. If such abandoned substructure is in the way, or subsequently
becomes in the way, of an installation of the City or any other public
body, the owner of such substructure, after having been contacted
by the excavator, shall establish if the substructure is abandoned
and make the first cut or tap before allowing the substructure to
be removed by the excavator.
I.
Whenever the last utility line has been removed from a pole designating
the pole as abandoned, the person or utility owning, using, controlling,
or having an interest therein, shall within 30 days after such abandonment
remove said pole and repair according to this article.
A.
Except as otherwise provided in this article, the
municipality shall pave all street openings subject to this article.
B.
When an excavation made in any highway subject to this article has been backfilled in accordance with § 226-29F of this article, and upon the direction of the Public Works Director or his/her appointed representative(s), the municipality shall cause the excavation trench to be patched with premixed bituminous material on those highways which had been previously paved. In those instances where the highway surface is gravel, the excavator shall grade and maintain a level travel surface.
Violations of this article may result in the
imposition of any one or more of the following provisions.
A.
Any person who causes an excavation in any highway
subject to this article without first obtaining a permit may be punished
by a fine of $25 for each offense. Each day of each such violation
shall constitute a separate offense.
B.
Any person who causes an excavation of any highway subject to this article in violation of the requirements of § 226-29 of this article may be punished by a fine of $50 for each offense. Each day of each such violation shall constitute a separate offense.
C.
If the backfilling or repair of any excavation permitted in accordance with § 226-28E of this article is improperly executed under the provisions of § 226-29F of this article and the permittee fails or refuses to correct such work after oral notification by the municipality, the municipality shall cause such work to be corrected. The permittee shall reimburse the municipality for 150% of the costs incurred by the municipality in undertaking such corrective work. The municipality shall not issue any excavation permits to any person who owes the municipality any sums under this section.
D.
The Public Works Director or his/her appointed representative
shall enforce this article. Once the Public Works Director has determined
that a violation of any provision of this article has occurred, the
Public Works Director or his/her appointed representative may take
any one or more of the following actions:
(1)
Refer the matter to the Town Administrator for legal
action.
(2)
Issue a stop-work and corrective action order.
(3)
Take any corrective action necessary to remedy any
defect or danger created by the unauthorized or improperly executed
excavation when the permittee fails to correct such defect or danger
upon notice from the municipality.
E.
In any enforcement action under this article brought
in a court of competent jurisdiction within this state in which the
municipality is the prevailing party, the municipality shall be entitled,
in addition to any equitable relief, to all costs and expenses incurred
in the enforcement action, including but not limited to reasonable
attorney fees, a fine and such other relief as the court deems proper
under 30-A M.R.S.A. § 4452.
[Added 6-17-2014 by Order
No. 14-39.02; amended 10-21-2014 by Order No. 14-143.07]
A.
Purpose and general requirements.
(1)
The purpose of this section is to establish standards for traffic
control for all construction projects in the right-of-way. This shall
be required by all individuals, organizations, contractors, or other
entities whose work in or adjacent to public rights-of-way affect
or influence vehicular, pedestrian, or any other passage by the public
through the rights-of-way. Levels of traffic control may vary for
each individual project; however, all construction projects shall
be carried out in accordance with principles outlined in the Manual
of Traffic Control Devices, 2009 or latest edition.
(2)
Any and all entities who perform construction, excavation or who otherwise perform earthwork or otherwise take any action which would hinder the free passage of vehicles, bicyclists or pedestrians on any street, sidewalk, or public right-of-way within the City of Sanford shall obtain a highway excavation permit or lane or shoulder closure permit to be issued in advance by the Director of Public Works Director or his or her designee. The fee for the permit shall be as designated in Chapter 226, Article III.
B.
Highway excavation permit application criteria. An application for
a highway excavation permit under this section shall be made upon
such forms as may be developed by the Public Works Director. All applications
under this section shall be filed with the Public Works Director no
less than 24 hours, weekends and holidays excluded, prior to the commencement
of any work or the placement of any obstruction in the City of Sanford
streets or rights-of-way. Exceptions to this delay may be granted
at the discretion of the Public Works Director; however, the Director
may make provision for permits to be granted in emergency situations
under such terms as he or she determines.
C.
Authority of the Public Works Director. The Public Works Director,
or his designee, shall have authority to interpret this article and
require any amount of traffic control measures on any project requiring
a highway excavation permit, or other work within a public right-of-way,
in order to provide safety to vehicular traffic, pedestrians, or other
vehicles. The Public Works Director or his designee shall also have
the authority to require any changes or revisions to the approved
initial traffic control provisions or devices, including, but not
limited to, requiring the presence of uniformed police officers, during
the project as changing conditions and safety concerns warrant. In
certain situations, and at his or her discretion, the Public Works
Director may also allow reduction or relaxation of some criteria described
herein. Any such reduction or relaxation shall not relieve any contractor,
person or entity of their legal responsibilities to protect the public
and any and all property from injury or damage. Failure by the permittee,
contractor, person, or entity to provide such measures to the satisfaction
of the Public Works Director may result in enforcement action as indicated
herein.
D.
Traffic control and safety plan.
(1)
In addition to the requirements of Chapter 226, Article III, § 226-28D, all applicants for a public highway excavation permit shall provide a traffic control and safety plan ("the plan") for review and approval by the Director of Public Works or designees. The plan shall demonstrate the measures to be employed to control vehicular traffic and protect pedestrians, bicyclists, people in handicapped devices and the public in general. The plan shall be a hard copy document and may consist of a narrative and sketches, aerial photograph sketches, or a diagram showing the signage, barricades, channelization devices, such as barrels or cones, positions of flaggers, and other devices to be used. The narrative shall include a plain statement of what actions will be taken by the permittee to protect personal safety and property which could be affected by the work to be performed under the permit.
(2)
Elements of the plan, and implementation of the plan or any possible
variations of the plan in the field, shall be in conformance with
the Manual on Uniform Traffic Control and Devices, latest edition
(hereinafter, "MUTCD"). Unless otherwise allowed by the Public Works
Director, all applications under this article shall be filed with
the Public Works Director no less than 24 hours, weekends and holidays
excluded, prior to the commencement of any work or the placement of
any obstruction in the City streets or rights-of-way; except, however,
the Director of Public Works shall make provision for permits to be
granted in emergency situations under such terms as determined by
him or her.
(3)
The permittee shall in general maintain safe crossings for two lanes
of vehicle traffic at all street intersections where possible and
safe crossings for pedestrians. The contractor or entity shall provide
traffic control such that no traffic crosses a roadway center line,
or creates a dangerous condition at a street intersection. Channelization
devices, such as cones and signs for traffic direction, may be employed
to alter locations of the two travel lanes and create a temporary
center line if this is proposed in the plan or allowed by the Director
of Public Works or his designee. If any excavation is made across
any public street or sidewalk, adequate crossings shall be maintained
for vehicles and for pedestrians. It shall be the duty of every permittee
cutting, performing excavation, or moving of construction equipment
in or upon any public place, to place and maintain barriers, warning
devices and signage necessary to provide for safety of the general
public.
E.
Properly trained and competent flagger. The term "properly trained
and competent flagger" shall mean a person who is either certified
by Maine DOT or who otherwise meets formal training and/or experience
criteria approved by the Public Works Director to be considered as
being properly trained and competent. The Public Works Department
shall promulgate and maintain a list of properly trained and competent
flag personnel and/or their companies on file for public view. To
be included on the approved list, written documentation shall be provided
by the flaggers or their companies demonstrating the individuals'
training and experience. Applicants for highway excavation permits
shall choose flagging personnel from this list, or shall provide documentation
of other flaggers they wish to employ as properly trained and competent
flaggers.
F.
Requirements for maintaining two-way traffic.
(1)
As determined by the Public Works Director, whenever necessary to
protect personal safety and property, including, but not limited to,
cases where vehicular traffic crosses or is likely to cross over any
roadway center line, any permittee under this article may be required
to retain the services of either uniformed police officers or properly
trained and competent flaggers as defined herein. Within the traffic
control and safety plan, the permittee shall also indicate locations
for any other protective or channelization devices, such as barriers,
traffic cones, direction signs, advance warning signs, or other measures
as may be required by the Public Works Director.
(2)
Unless it is demonstrated to his or her satisfaction that two-way
traffic can be allowed in both directions at the same time, the Public
Works Director may permit an entity to temporarily reduce the number
of travel lanes to a single lane, provided that properly trained and
competent flaggers are used to direct and control traffic. Detours
shall be allowed only with the approval of the Public Works Director.
All traffic control methods and devices shall comply with the Manual
on Uniform Traffic Control Devices, latest edition.
G.
Uniformed police officers required. Pursuant to the traffic control
standards established herein, all individuals, organizations, contractors,
or other entities, to include work performed by or under contract
with the City, the Sanford Water District or the Sanford Sewerage
District, any permit issued pursuant to this section may require the
use of uniformed police officers under the following circumstances:
(1)
The Public Works Director or his designee determines that circumstances
exist creating a public safety concern such that the use of uniformed
police officers shall be required. The Public Works Director shall
obtain the conferment of the Chief of Police or Assistant Chief of
Police in evaluating the need for uniformed police details or any
additional traffic control to provide acceptable public safety measures.
(2)
If the Public Works Director and Chief of Police or Assistant Chief
of Police deem it necessary to protect public safety, a police traffic
detail in conformance with Sanford Police Department standards shall
be required on the following streets: Main Street, Lebanon Street,
Washington Street, Cottage Street, High Street, School Street, Oak
Street, Pleasant Street, River Street, and Route 4. Other roads may
be added to this list. The decision on whether a uniformed police
officer detail is required shall be made by the Public Works Director,
who may consult with and receive advice from the Sanford Police Chief
or Assistant Police Chief.
(3)
If the Public Works Director in conferment with the Chief of Police
or Assistant Chief of Police deems it necessary to protect public
safety, a police traffic detail will be required for any traffic control
activities within an intersection controlled by a traffic signal device
when not operational, unless the intersection is adequately controlled
using properly trained and competent flaggers and the traffic control
measures meet all standards within the latest edition of the Manual
on Uniform Traffic Control Devices. In such cases, if he or she determines
that public safety is still not adequate at the intersection, the
Public Works Director may require that uniformed police officers are
necessary for additional safety.
(4)
All costs for police details that occur on any construction project
in public ways shall be subject to Sanford Police Department policies
and procedures.
H.
City held harmless. All entities initiating and performing the earthwork
project in the City of Sanford, whether or not in compliance with
the conditions of the highway excavation permit shall bear all risk
and responsibility for incidents and occurrences within the duration
of said projects. The City of Sanford shall be held harmless for all
events and claims arising from said projects.
I.
Enforcement.
(1)
The City of Sanford shall make such inspections for all working projects
as are reasonably necessary in the enforcement of this article. The
City shall have the authority to promulgate and cause to be enforced
such rules, policies, and regulations as may be reasonably necessary
to enforce and carry out the intent of this article.
(2)
If, in their judgment, the Director of Public Works, Chief of Police
or Assistant Chief of Police observe a project in a public way, or
crossing a public way, that is out of compliance with the traffic
and safety plan or otherwise unreasonably jeopardizing public safety,
the Public Works Director, Chief of Police or Assistant Chief of Police
shall carry out one or more of the following procedures:
(a)
Carry out or arrange for a stop-work order for the project until
traffic control is effectively brought into compliance.
(b)
Issue a written or verbal warning to the responsible permittee,
contractor, person or entity stating that the project needs to comply
with this article to avoid a stop-work order, including, if necessary,
additional traffic control and safety measures to be employed.
(c)
Direct that the project's traffic control will require
uniformed police officers in accordance with this article and the
Sanford Police Department's practices and procedures. The entity
or contractor shall be solely responsible for fees assessed for the
presence of uniformed police officers. Utilization of police officers
shall not relieve any other traffic control requirements required
by this article.
(3)
Any person violating the provisions of this section shall be guilty
of a violation and subject to a fine of not more than $500.
