Town of Kittery, ME
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2023-05-08
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The Code
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Title 12: Streets, Sidewalks and Public Places
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Chapter 12.1 Excavations
- The Charter
- Ch C Charter
- The Code
- Title 1: General Provisions
- Ch 1.1 Code Adoption
- Ch 1.2 General Provisions for Code Use
- Ch 1.3 General Penalty
- Title 2: Administrative Code
- Ch 2.1 Administrative Provisions Generally
- Ch 2.2 Fire Department
- Ch 2.3 Personnel System Generally
- Ch 2.4 Personnel Positions Established
- Ch 2.5 Compensation
- Title 3: Revenue and Finance
- Ch 3.1 Treasurer's Disbursement Warrants
- Ch 3.2 Purchasing System
- Ch 3.3 Applicant Service Accounts (Asa)
- Ch 3.4 Municipal Development and Tax Increment Financing Districts
- Title 4: Boards, Commissions and Committees
- Ch 4.1 Establishment
- Ch 4.2 Selection Procedures for Council Appointments
- Ch 4.3 Board of Assessment Review
- Ch 4.4 Kittery Community Center Board of Directors
- Ch 4.5 Voter Registration Appeals Board
- Ch 4.6 Board of Trustees of Trust Funds
- Ch 4.7 Library Advisory Committee
- Ch 4.8 Shellfish Conservation Committee
- Ch 4.9 Conservation Commission
- Ch 4.10 Parks Commission
- Ch 4.11 Kittery Port Authority
- Ch 4.12 Capital Improvement Committee
- Ch 4.13 Economic Development Committee
- Ch 4.14 Education Scholarship Selection Committee
- Ch 4.15 Kittery Land Issues Committee
- Ch 4.16 Comprehensive Plan Committee
- Ch 4.17 Kittery Climate Adaptation Committee
- Ch 4.18 Kittery Housing Committee
- Title 5: Business Licenses and Regulations
- Ch 5.1 Amusement Devices
- Ch 5.2 Special Amusement Permits
- Ch 5.3 Food Service Establishments
- Ch 5.4 Garage Sales
- Ch 5.5 Massage Establishments
- Ch 5.6 Mobile Food-Vending Units
- Ch 5.7 Sidewalk Sales
- Ch 5.8 Taxicabs
- Ch 5.9 Viewing Booths in Adult Entertainment Establishments
- Ch 5.10 Use of the Public Way
- Ch 5.11 Marijuana Businesses
- Ch 5.12 Short-Term Rental
- Title 6: Animals
- Ch 6.1 Animal Control
- Title 7: Cable Television
- Ch 7.1 In General
- Ch 7.2 Cable Television Franchise
- Ch 7.3 Cable Television Franchise Requirements
- Title 8: Health and Safety
- Ch 8.1 Solid Waste Collection and Disposal
- Ch 8.2 Property Maintenance
- Ch 8.3 Emergency Management Agency
- Ch 8.4 Blasting
- Ch 8.5 Street Addressing
- Title 9: Public Peace, Morals and Welfare
- Ch 9.1 Offenses Generally
- Ch 9.2 Obscenity
- Ch 9.3 Curfew Hours for Minors
- Ch 9.4 Firearms
- Title 10: Vehicles and Traffic
- Ch 10.1 Rules of the Road
- Ch 10.2 One-Way Streets; Stop Intersections and Yield Intersections Designated
- Ch 10.3 Stopping, Standing and Parking
- Ch 10.4 Bicycles, Skateboards, Scooters and Roller Skates
- Ch 10.5 Traffic Penalties
- Title 11: General Assistance
- Ch 11.1 Statement of Policy
- Ch 11.2 Definitions
- Ch 11.3 Administrative Rules and Regulations
- Ch 11.4 Application Procedure
- Ch 11.5 Eligibility Factors
- Ch 11.6 Determination of Eligibility
- Ch 11.7 Fair Hearing
- Ch 11.8 Recovery of Expenses
- Ch 11.9 Severability
- Title 12: Streets, Sidewalks and Public Places
- Ch 12.1 Excavations
- § 12.1-12.1.1 Permit required.
- § 12.1-12.1.2 Issuance and record of permits.
- § 12.1-12.1.3 Excavation permit fee and location plan.
- § 12.1-12.1.4 Backfill standards.
- § 12.1-12.1.5 Insurance certificate required.
- § 12.1-12.1.6 Traffic control.
- § 12.1-12.1.7 Work area fencing and lighting at night.
- § 12.1-12.1.8 Violations and penalties.
- Ch 12.2 Miscellaneous Street and Sidewalk Regulations
- Ch 12.3 Rogers Park
- Ch 12.4 Seapoint and Crescent Beaches
- Ch 12.5 Fort Foster
- Ch 12.6 Shellfish
- Ch 12.7 Town Farm Forest
- Ch 12.8 Motor Vehicle Restrictions
- Ch 12.9 Legion Pond
- Ch 12.10 Political Signs
- Ch 12.11 Camping
- Title 13: Public Services
- Ch 13.1 Sewer Service System
- Ch 13.2 Sewer Service Decision Appeals
- Ch 13.3 Public Safety Impact Fee
- Ch 13.4 Taxpayer Relief Programs
- Ch 13.5 Property Assessed Clean Energy (Pace)
- Title 14: (Reserved)
- Title 15: (Reserved)
- Title 16: Land Use and Development Code
- Ch 16.1 General Provisions
- Ch 16.2 Administration and Enforcement
- Ch 16.3 Definitions
- Ch 16.4 Land Use Zone Regulations
- Ch 16.5 General Performance Standards
- Ch 16.6 Master Site Development Plan
- Ch 16.7 General Development Requirements
- Ch 16.8 Subdivision Review
- Ch 16.9 Maritime and Shoreland-Related Development
- Ch 16.10 Conservation Subdivision
- Appendix
- Apx A Fee Schedules
- Disposition List
- Ch DL Disposition List
It is unlawful for any person(s) to cause to be made any excavation
or dig up paving in any public street or Town-owned property until
such person(s) has received a written permit therefor from the Commissioner
of Public Works, except in an emergency; in which case such permit
must be secured within 24 hours after the street has been opened.
The Commissioner of Public Works is authorized to issue permits
and is to keep a record of all permits granted.
Any person(s) must make payment for an excavation permit calculated
by square yardage with the surface condition as set out in Appendix
A.[1] Plans are to be submitted to the Commissioner of Public
Works, showing the location, width and length of the trench opening.
[1]
Editor's Note: See § A-15
Densities for all backfill must meet the "Standard Specifications
of the Maine Department of Transportation" for the type of surface
being excavated. Compaction is to be in lifts no greater than 12 inches.
Trenches may not have any visible surface water prior to backfilling.
Contractors or individuals working within or on Town property
must submit a certificate of insurance that meets or exceeds the "Town
of Kittery Minimum Insurance Requirements for Contractors or Individuals."
Operations and excavations must meet all applicable state and
federal regulations, including but not limited to traffic control
in conformance with "Part VI, Standards and Guides for Traffic Controls
for Street and Highway Construction, Maintenance, Utility, and Incident
Management Operations"; utility notification to Dig Safe; Kittery
Water District and Sewer Department, and the work conditions must
be in conformance to the standards of the Occupational Safety and
Health Administration (OSHA).
When a person is permitted, in accordance with the provisions
of this chapter, to occupy any part of a street for building purposes,
such person must erect and maintain, around the part so occupied,
a sufficient fence to prevent injury to persons or vehicles passing
the premises and keep the same properly lighted at night. Temporary
sidewalks are to be provided when requested by the Commissioner of
Public Works.
