[Adopted 9-10-2009 by Ord. No. 494[1]]
[1]
Editor's Note: Section III of this ordinance provided the
following: "Conflicts. Ordinances or parts of ordinances in conflict
herewith are hereby repealed, provided that any such repeal shall
not abate a right of action already accrued under any repealed ordinance.
Additionally, the provisions of any valid franchise agreement in full
force and effect at the time this ordinance is enacted and which is
in conflict with this ordinance shall remain in full force and effect
until such time as the franchise agreement is renegotiated."
Any work related to the installation, replacement, extension,
repair, maintenance and/or inspection of utility services, which will
disturb any part of the paved or unpaved portions of the Town's
rights-of-way or the soil underneath any paved street, shall require
prior to the start of such work, a written permit from the Town issued
after approval by the Town of a permit application and payment to
the Town of applicable permit fees.
If any such work, as described in § 192-11 above, must be performed on an emergency basis outside of normal Town business hours and prior to obtaining the required permit, the utility or its contractor must so notify the Elsmere Bureau of Police before starting such work and obtain a permit retroactively on the first regular business day thereafter.
Permits shall only be granted upon compliance with the following
expressed provisions:
A.
A written application shall be filed with the Town and signed by
the person desiring such permit. Such application shall set forth
the purpose and full scope of the proposed utility construction work
and approximate dates during which such work is to be carried out,
including restoration of all disturbed areas. An applicant shall furnish
with the application a drawing or other applicable information necessary
provide an adequate description of the proposed scope of work. Description
of work provided with the application shall include all necessary
construction information, including but not limited to the location
and depth of all trenches and borings, width of trench, fill material,
compaction methods, type of boring sleeve, location and size of boring
pit, etc. In cases where the extent of the work is not known, such
as attempting to locating leaks in existing pipes, the Town Manager
shall determine what information is necessary.
B.
Each applicant shall agree to comply with all provisions contained
in this article.
D.
For major projects, the Town reserves the right to require each applicant
to notify all other applicable utilities of the proposed work, to
determine if simultaneous installations of other utility services
can be made, so as to limit the amount of disturbance in the right-of-way.
E.
Where the permit is required for water supply or sewer service, the
application shall be countersigned by the Town Code Enforcement Officer.
F.
The applicant shall pay to the Town any and all monies then due to
the Town for any losses, damages or expenses incurred by the Town
arising from prior work done by the applicant under the provisions
of this article. In the case where the applicant is in a legal dispute
with the Town pertaining to a previous permit, the Town Solicitor
shall review the application on a case-by-case basis.
G.
The applicant shall have a valid permit from the State of Delaware,
or New Castle County as is applicable, and a valid business license
issued by the Town prior to the issuing of the permit except for emergency
work.
H.
Applicant shall agree to save and hold harmless the Town, its officers,
employees and agents from any and all costs, damages and liabilities
which may accrue or be claimed to accrue by reason of personal injury
and/or property damage arising from such work done by the permittee
under the provisions of this article. The acceptance of any permit
under this article shall constitute such an agreement by the permittee
whether the same is expressed or not.
I.
Unless a certificate is on file with the Town, the applicant shall
submit to the Town a certificate of insurance properly executed by
the applicant's insurance agency. Such certificates of insurance
shall verify that the applicant is insured against claims for personal
injury as well as against claims for property damages which may arise
from or out of the performance of the work, whether such performance
is by the permittee or anyone directly or indirectly employed by him.
Such insurance shall include protection against liability arising
from completed operations, underground utility damage and collapse
of any property. Liability insurance for bodily injury to each person,
each accident, and for property damages shall be required in an amount
$1,000,000 per person/$3,000,000 per occurrence.
J.
Any person other than public utility companies applying to cut a
paved street or excavate within the Town right-of-way shall furnish
a corporate surety bond executed by a reputable surety company licensed
to do business in the State of Delaware. Such bond shall cover all
street opening and restoration work that will be performed under the
permit. The bond shall be in effect for a thirty-six-month period.
The minimum amount of the surety bond shall be $1,000 unless any excavation
and restoration work under a permit exceeds such amount. In this case,
such person shall secure additional bonding in an amount equal to
the difference between the $1,000 and the dollar amount computed in
accordance with Schedule B attached.[2]
[2]
Editor's Note: Schedule B is on file in the Town offices.
A.
All permits issued hereunder shall expire at the end of time specified
on the permit. Unless specified otherwise on the permit, the duration
of the permit shall be 30 days from the issuance thereof. If the applicant
believes 30 days is insufficient, the applicant shall submit with
the application a written explanation of the reasons for the additional
length of time requested.
B.
If any permittee is unable to complete the work on or before the
date specified on the permit, the permittee shall file a written application
explaining the reasons for the requested extension of time. A fee
of $20 shall accompany the application.
In no case shall a permittee disturb in any way a greater or
different area not specified in the original permit. If the permittee
determines during construction that an additional or greater area
will have to be disturbed, he shall notify and secure permission from
the Town for the additional disturbance. Upon receipt of verbal permission
from the Town, the permittee shall file a supplementary written application
for the work no later than the next workday. The fee for such supplementary
permit shall be as stated in Schedule A attached.[1] In cases where the extent of the work is not know, such
as attempting to locate leaks in existing pipes, it shall be noted
on the application that additional work may be necessary to complete
the work.
[1]
Editor's Note: Schedule A is on file in the Town offices.
A.
All utility permits are subject to revocation at any time by the
Town after written notice for:
(1)
Violation of any condition of the permit;
(2)
Violation of any provision of this article or any other applicable
ordinance or law relating to the work; or
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or property of others.
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted, or his agent or employee engaged in
the work. Such notice shall also contain a brief statement of the
reasons for revoking such permit. Notice may be given either by personal
delivery thereof to the person or by the United States mail, addressed
to such person to be notified. If notice has been given by personal
delivery, such notice will be followed up by United States mail within
five working days.
A.
The permittee for any utility construction work covered by this article
shall be whatever utility company owns the utility service, even if
that utility company uses an authorized agent or subcontractor to
apply for the permits and/or perform work on behalf of the utility
company. As permittee, the utility company shall be responsible for
all work performed and compliance with all aspects of this article.
The Town will contact the utility company whenever adjustments or
corrections in the work are required, regardless of whether the work
is actually performed by the utility company or its subcontractors.
A copy of the approved permit shall be on the job site at all times.
B.
The permittee shall be responsible for determining the location of
all existing utilities and shall contact Miss Utility as necessary.
Any damage to existing utilities or structures such as curbing, sidewalk,
drainage facilities, utility boxes, etc., shall be replaced and/or
repaired by the permittee or other responsible parties at no expense
to the Town or property owner. The Town shall determine the extent
of restoration required and the method of correction. Any and all
work not completed within a reasonable period of time, not to exceed
30 days, may be completed by the Town. The permittee will reimburse
the Town for the cost of such work, as invoiced by the Town to the
permittee. If weather conditions prevent the completion of work within
a reasonable time frame, the Town may grant a time extension.
C.
All work and materials relative to trenching, borings, street repair
and other restoration work within the right-of-way shall be of the
best quality as specified by the State of Delaware Department of Transportation's
most recent Road Design Manual or Specifications for Road and Bridge
Construction, until such time as the Town of Elsmere adopts its own
roadway construction standards (once adopted, the Town's roadway
construction standards shall be attached hereto and made a part herein
of this article[1]), and shall be at all times subject to inspection by the
Town. The permittee shall provide reasonable and necessary facilities
for such inspection. Except in the case of emergencies, the permittee
shall notify the Town 48 hours prior to any work performed relative
to the permit to allow sufficient time to assign inspectors to inspect
said work. Failure to provide required notification may result in
the Town requiring the permittee to take apart or uncover portions
of finished work at the permittee's expense.
[1]
Editor's Note: See Art. V, Roadway Construction.
D.
Inspection of work by the Town does not relieve the permittee of
the responsibility for the quality of all work and materials, safety
or liability for loss, damage or injury to persons or property. The
permittee is required to observe all local, state and federal (OSHA)
safety codes. Any omission or failure on the part of the Town to disapprove
or reject any defective work or materials shall not be construed to
be acceptance of any defective work or material.
E.
The Town shall have the right to suspend work if the permittee does
not comply with this article, the State of Delaware Department of
Transportation's most recent Road Design Manual or Specifications
for Road and Bridge Construction, or the Town of Elsmere roadway construction
standards, or any other codes, specifications, regulations or policies
of the Town. Work may not proceed until the Town is satisfied that
all problems have been adequately addressed and the permittee has
received written permission from the Town to proceed.
F.
The permittee shall be responsible to maintain proper storm drainage
flows during the course of all work. Erosion and sediment controls
around work sites shall be in accordance with the Department of Natural
Resources Manual on Erosion and Sediment Controls and the New Castle
County Soil Conservation Service Regulations. The permittee shall
be responsible for all water damage and costs due to the permittee's
work.
G.
The permittee shall keep the work area and surrounding area free
from accumulation of waste materials or rubbish caused by work under
the permit. At the completion of the work, the permittee shall remove
from the site all materials, rubbish, tools, equipment, machinery
and all other objects associated with said work. Streets shall be
kept clean and free of debris at all times. Dust control measures
shall be initiated as conditions require. Upon failure of the permittee
to keep the site of the work clean to the satisfaction of the Town,
the Town may, upon twenty-four-hour notification to the permittee,
remove any rubbish, materials, tools or equipment as deemed necessary.
The permittee will reimburse the Town for the cost of such work, as
invoiced by the Town to the permittee.
H.
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
and/or time extension is granted, the Town may take steps to backfill
the trench and replace the street surface over the opening for which
the permit has been issued upon proper notification from the Town
to the permittee. The permittee will reimburse the Town for the cost
of such work, as invoiced by the Town to the permittee.
A.
Open cuts for utility crossings in paved streets shall not be permitted except in cases where there is no practical alternative as determined by the Town on a case-by-case basis. When exceptions are made, the permittee shall be required to perform more extensive restoration, as specified in § 192-18 herein and stated on the permit.
B.
Borings.
(1)
Borings
under any paved street shall be made by an approved boring method
that allows control and adjustment of the depth, alignment and angle
of the boring. Method of boring shall be specified on the application.
(2)
All
borings shall maintain minimum clearances and depth as required by
all applicable federal, state and local codes. All borings shall be
perpendicular to the longitudinal center line of the paved street.
(3)
In
cases where the permittee must use private property for the boring
setup, the permittee shall be responsible for notification of the
affected property owner and for obtaining permission and/or necessary
easements from the property owner.
C.
Underground nonmetallic utilities shall be placed with a traceable
tape for future locating purposes.
D.
A separate permit shall be obtained for any test hole work that is
not part of the work defined in an approved permit. No test holes
shall be made in a greater surface area of the paved street than as
specified in such permit, and no excavation or test hole shall interfere
with any of the water pipes, sewers, drains or any other underground
utility services. Test holes shall be backfilled in accordance with
the provisions set by the State of Delaware Department of Transportation's
most recent Road Design Manual or Specifications for Road and Bridge
Construction, or the Town of Elsmere roadway construction standards.[1]
[1]
Editor's Note: See Art. V, Roadway Construction.
A.
The permittee shall be responsible for restoring to the original
condition prior to the work all portions of the right-of-way which
are disturbed, including the paved street surface, subsurface, drainage
facilities and unpaved shoulders. Disturbance of existing drainage
structures shall not be permitted unless there is no alternative as
determined by the Town on a case-by-case basis. When exceptions are
made, the permittee shall be required to perform any necessary restoration,
as determined by the Town and shall be stated in detail on the permit.
B.
The permittee shall be required to reinstall all mailboxes, shrubbery
and the like, subject to any prior agreements. Grassed areas that
are disturbed shall be reseeded.
C.
Temporary street repairs shall be made immediately upon the installation
or repair of utility services and shall remain in place a minimum
of two weeks prior to permanent street repairs unless otherwise approved
in the permit. The temporary street repairs shall be maintained in
good condition at all times. Unless otherwise approved in the permit,
permanent repairs shall be completed within 60 days after the completion
of the temporary repairs, except that, during the period of November
1 to April 1, inclusive, they shall be completed not later than May
15.
D.
When open trenching has been approved, the length of trench that
may be opened shall not exceed 100 feet before backfilling work is
initiated. The method of excavation and backfilling shall be in accordance
with the State of Delaware Department of Transportation's most
recent Road Design Manual or Specifications for Road and Bridge Construction,
or the Town of Elsmere roadway construction standards.[1]
[1]
Editor's Note: See Art. V, Roadway Construction.
E.
In cases where open trenching has been approved and the excavation
disturbs restoration shall include covering the entire cross-section
from curb to curb with a new two-inch-thick hot-mix asphalt overlay
extending for a distance of 25 feet past the far edges of the patch
in both directions. If the curb reveal prior to the overlay is less
than six inches, the street shall be rotomilled prior to being overlayed.
In all cases, the overlay must match all driveways and utilities and
not impede the drainage of stormwater runoff.
F.
Modification of restoration work.
[Added 7-12-2012 by Ord. No. 557]
(1)
Any contractor feeling that the requirements of Subsection E of this section are excessive for the project being applied for may request to meet with the Town Manager and present facts to support his or her position.
(2)
After reviewing the facts presented by the contractor, should the Town Manager determine that the requirements of Subsection E could be amended for a particular project while not having a negative impact upon the Town, the Town Manager may modify the restoration work required to be performed.
(3)
Any
modification of the restoration work granted by the Town Manager shall
be in writing and attached to the permit. The decision of the Town
Manager shall be final.
A.
The permittee, when required by the Town, shall be responsible for
timely notification of intended work to all emergency response agencies
including the police and fire departments and all affected property
owners.
B.
The permittee shall be responsible for pedestrian safety and keeping
any sidewalks clean, clear and protected.
C.
All excavations or material from them shall have placed upon them
sufficient lights and barricades to identify them from all directions
during the day and after dark. If, for safety purposes, the Town deems
it necessary to install additional warning devices such as lights,
barricades or signs, the permittee shall be notified of the decision
and shall receive instructions on the installation. In case of emergencies,
the Town may install all additional warning devices deemed necessary.
The permittee will reimburse the Town for the cost of such work, as
invoiced by the Town to the permittee.
D.
The Town Manager or his designee is authorized to make such other
rules and regulations for work performed by the permittee which he
may deem necessary to protect the health, safety and welfare of the
public and its property, which rules and regulations shall be printed
upon the permit granted or forwarded from the Town Manager in writing
from time to time.
A.
Any permittee carrying out utility construction work shall protect
the safety of the general public. This includes providing appropriate
traffic control within work areas which meet the requirements of DelDOT
manual Traffic Controls for Street and Highway Maintenance, Utility
and Emergency.
B.
Except in emergencies or when prior approval has been granted by
the Town and stated on the permit, at least one lane of traffic shall
remain open at all times with all openings covered by a plate or asphalt
patch at night. If the work requires a full street closure, the applicant
shall submit with the application a written explanation for the closure
plus the amount of time required for the street closure. Access to
all private driveways and at least one commercial entrance shall be
provided at all times, unless otherwise approved by the Town and stated
on the permit.
C.
Failure by the permittee to provide for traffic safety shall be cause
for immediate suspension of operations. The work will not be allowed
to continue until the Town is satisfied that the proper traffic control
is established and the permittee is formally notified in writing.
A.
The permittee shall guarantee and maintain his work for six months
from the completion of the restoration and replacement work. Within
this six-month period, upon notification from the Town of necessary
correction work, the permittee shall correct or cause to be corrected
all such work within 15 working days of receipt of the notification.
The Town shall determine the extent of restoration required and the
method of correction. Any and all work not completed within this fifteen-day
period may be completed by the Town at its discretion. The permittee
will reimburse the Town for the cost of such work, as invoiced by
the Town to the permittee.
B.
In cases
where weather does not permit prompt permanent repairs, such as pavement
repairs during the winter, the Town Manager shall determine the final
completion date. In such an event, adequate temporary repairs shall
be made and properly maintained until such time that the permanent
repairs can be made.
When the Town reconstructs or resurfaces any street, the Town
shall first serve written notice by certified mail of such improvements
to all public or private utility companies operating in the Town.
Within 60 calendar days from receipt of such notice, all notified
utility companies shall notify the Town of any intent to make scheduled
repairs and replacement of utility mains, service connections and/or
laterals existing under the street. Within 120 calendar days from
receipt of such notice, all notified utility companies shall complete
or cause to be complete all necessary repairs and replacement of utility
mains, service connections and/or laterals existing under the street.
Notified utility companies shall also complete or cause to be completed
any anticipated new installations, under the street, required for
use within a two-year period thereafter.
A.
When the Town intends to reconstruct or resurfaces any street, the
Town shall serve written notice by certified mail of such improvements
to all public or private utility companies operating in the Town.
B.
Within 30 calendar days from receipt of such notice, all notified
persons shall notify the Town in writing that they will need to conduct
repairs and replacement of utility mains, service connections and/or
laterals existing under the affected street.
C.
Within 90 calendar days from receipt of such notice, all notified
persons shall complete or cause to be complete all necessary repairs
and replacement of utility mains, service connections and/or laterals
existing under the street. Notified persons shall also complete or
cause to be completed any new installations under the street and designated
encroachment areas required for use within a two-year period thereafter.
A.
A permit fee shall be paid to the Town's Code Enforcement Office
prior to issuance of a permit. The Town Manager shall have the right
to waive fees for contractors performing work under contract with
the Town.
B.
The permit fee shall be as outlined below:
|
Age of Pavement
|
Trenches1
(per square yard)
|
Borings2
(per boring)
| |
|---|---|---|---|
|
Streets which have been paved new up to one year
|
$50
|
$100
| |
|
Streets which have been paved for over one year but not over
two years
|
$45
|
$90
| |
|
Streets which have been paved for over two years but not over
three years
|
$40
|
$80
| |
|
Streets which have been paved for over three years but not over
four years
|
$35
|
$70
| |
|
Streets which have been paved for over four years but not over
five years
|
$30
|
$60
| |
|
Streets which have been paved for over five years
|
$25
|
$50
|
|
NOTES:
| ||
|
1
|
If trenching is approved in writing by the Town, the permit
fee shall be based on the number of square yards of pavement surface
that are cut.
| |
|
2
|
For borings, the permit fee shall be the number of individual
borings multiplied by the fee per boring stated in the chart above.
| |
