[Adopted 9-10-2009 by Ord. No. 495[1]]
[1]
Editor's Note: Section 10 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are hereby repealed, provided that any such repeal shall not abate
a right of action already accrued under any repealed ordinance.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 roadway, which will disturb
or connect to any part of the paved or unpaved portions of the Town's
rights-of-way 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, including
projects occurring on private property which will tie into the Town's
roadways or rights-of-way.
If any such work, as described in § 192-26 above, must be performed on an emergency basis outside of normal Town business hours and prior to obtaining the required permit, the 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.
A.
All work and materials relative to roadway repair and other restoration
work within the Town 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.
[1]
Editor's Note: At the time of the 2010 republication of the
Code, such standards had not been submitted to the Code publisher.
Consult Town Clerk.
B.
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.
C.
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.
A.
The permittee for any roadway construction work covered by this article
shall be whatever company who has been awarded a contract for the
roadway work, even if that company uses an authorized agent or subcontractor
to apply for the permits and/or perform work on behalf of the company,
as the permittee shall be responsible for all work performed and compliance
with all aspects of this article. The Town will contact the permittee
whenever adjustments or corrections in the work are required, regardless
of whether the work is actually performed by the permittee 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.
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.
D.
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.
E.
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.
F.
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.
G.
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.
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 roadway 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.
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 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 any fees he deems appropriate.
