No opening or excavation in any street shall extend beyond the
center line of the street before being backfilled so that the surface
of the street is temporarily restored.
[Amended 6-18-1996 by Ord. No. 1996-19; 2-28-2012 by Ord. No.
2012-8]
A.
Any person opening, occupying, obstructing, using, digging into or
breaking up any public way of the City, or portion thereof, shall
maintain at his or its expense such police officer of the City, but
in no event shall there be less than one police officer at each street
location designated in each permit required location, as the Chief
of Police or his designee may deem necessary, to avoid, so far as
reasonably possible, danger to the safety of persons and interference
with the free circulation of vehicular traffic and pedestrian traffic.
B.
Emergency construction. In the event of an emergency which requires
the opening, occupying, obstructing, using, digging into, or breaking
up of any public way in the City by a person not able to obtain a
permit because of the hour, such person shall immediately notify the
Fall River Police Department in order to arrange for the necessary
police officers, but in no event shall there be less than one police
officer at each separate street location or place of such opening,
obstructing, using, digging into, or breaking up of such street. The
police officer shall be assigned at the expense of such person.
C.
Notwithstanding Subsections A and B, in instances when appropriate and when possible to protect the construction zone from vehicular traffic and/or pedestrian traffic to ensure public safety, the Chief of Police or his designee shall have the authority to determine that no police detail is needed on all or portions of the project.
D.
Maintenance. Notwithstanding this section, to assure safe and healthful
working conditions for working men and women, when applicable all
OSHA standards shall apply. At a site involving a street opening or
excavation, the maintenance of the excavated materials shall be laid
compactly alongside of the trench and kept trimmed up so as to cause
as little inconvenience as possible to public travel. In order to
expedite the flow of traffic or to abate a dirt or dust nuisance,
the City Engineer may require the permittee to provide two boards
or bins; and if the excavated area is muddy and causes inconvenience
to pedestrians, temporary wooden plank walks shall be installed by
the permittee as directed by the City Engineer. If the street is not
wide enough to hold the excavated material without part of the adjacent
sidewalk, the permittee shall keep a passageway at least 1/2 the sidewalk
width open along such sidewalk line.
E.
Failure to comply. Any person who violates this § 66-412 shall be subject to a fine of $300. One third of such civil penalty shall be deposited into the municipal treasury and the remaining 2/3 of such penalty shall be deposited into a designated account with the specific intent of maintaining the operations of the Fall River Police Department. A separate offense shall be deemed committed on each day on which each violation occurs or continues to occur. Any violation shall also result in the closing down of the opening, obstructing, using, digging into or breaking up of any public way of the City by police officers of the City until compliance with this § 66-412 is maintained.
No more than 250 feet, measured longitudinally, shall remain
open in any street overnight.
At the expense of the permittee, all utility facilities shall
be exposed or located sufficiently ahead of trench excavation work
to avoid damage to those facilities and to permit their relocation
if necessary.
Pipe drains, pipe culverts or other facilities encountered in
work performed under the provisions of this article shall be protected
by the permittee.
[Amended 6-18-1996 by Ord. No. 1996-19]
Any person whose facilities are damaged by a permittee may make
the necessary repairs and file a claim against the permittee with
the City for the cost of such repairs. The amount claimed may be held
by the City Engineer from the deposit pending determination of liability
for the damage.
[Amended 6-18-1996 by Ord. No. 1996-19]
Monuments of concrete, iron or other lasting material set for
the purpose of locating or preserving the lines of any street or property
subdivision or a precise survey reference point or a permanent survey
benchmark within the City shall not be removed or disturbed unless
permission to do so is first obtained in writing from the City Engineer.
Permission shall be granted only upon the condition that the permittee
shall pay all expenses incident to the proper replacement of the monument.
[Amended 6-18-1996 by Ord. No. 1996-19]
When work performed by a permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage to the satisfaction of the City Engineer.
[Amended 6-18-1996 by Ord. No. 1996-19]
When any earth, gravel or other excavated material is caused
to roll, flow or wash upon any street, the permittee shall cause the
material to be removed from the street within eight hours after deposit
or within such reasonable time thereafter as determined by the City
Engineer. If the earth, gravel or other excavated material so deposited
is not removed, the City Engineer shall cause such removal; and the
cost incurred shall be paid by the permittee or deducted from his
deposit at the discretion of the City Engineer.
[Amended 6-18-1996 by Ord. No. 1996-19]
A.
Every permittee shall place around the project such barriers, barricades,
lights, warning flags and danger signs as shall be determined by the
City Engineer to be necessary for the protection of the public and
in accordance with any existing law.
B.
Whenever any person fails to provide or maintain the safety devices
required by the City Engineer, such devices shall be installed and
maintained by the City. The amount of the cost incurred shall be paid
by the permittee or deducted from his deposit, at the discretion of
the City Engineer.
C.
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, flag, sign or notice erected, placed or
posted in accordance with the provisions of this section.
Access to private driveways shall be provided, except during
working hours when construction operations prohibit provision of such
access. However, the permittee may make private suitable arrangements
with the property owner covering access beyond the working hours.
Free access must be provided at all times to fire hydrants and to
sand catchers.
[Amended 6-18-1996 by Ord. No. 1996-19]
Work authorized by a permit issued under the provisions of this
article shall only be performed between the hours of 7:00 a.m. and
7:00 p.m., Monday through Saturday, unless the permittee obtains written
consent from the City Engineer to do the work at an earlier or later
hour. Such permission shall be granted only in case of an emergency.
[Amended 6-18-1996 by Ord. No. 1996-19]
A.
In granting any permit under the provisions of this article, the
City Engineer may attach such other conditions thereto as may be reasonably
necessary to prevent damage to public or private property or to prevent
the operation from being conducted in a manner likely to create a
nuisance. Such conditions may include but shall not be limited to:
(1)
Limitations on the period of the year in which the work may be performed;
(2)
Restrictions as to the size and type of equipment;
(3)
Designation of routes upon which materials may be transported;
(4)
The place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise, and other results offensive or injurious to the
neighborhood, the general public or any portion thereof; and
(6)
Regulations as to the use of streets in the course of the work.
B.
The permittee shall comply with all the City Engineer's conditions
except in case of emergency, but even in such case the permittee shall
notify the City Engineer as soon as possible of such deviation. The
City Engineer's decision as to whether an emergency does exist shall
be binding at all times.
All pavement cuts, openings and excavations shall be properly
made, backfilled and temporarily surfaced by the permittee according
to the following specifications:
A.
Backfilling and the compaction of the backfill material shall be
done in six-inch layers.
B.
The edges of the bituminous material surrounding the opening shall
be clean and free of dirt and particles and be even, prior to the
placement of the bituminous materials which will cover the site of
excavation.
C.
The edges of the existing bituminous material shall be coated with
RS-1 emulsion for strong adhesion of the new bituminous material.
The emulsion should be used at a ratio of 1/20 of a gallon for each
square yard of surface to be coated.
D.
The permittee shall notify the City inspector at the completion of
backfilling, compacting, and at the completion of the placement of
the bituminous top course, so that the inspector can approve these
phases of restoration. The permittee shall not proceed between these
phases without the necessary inspection.
E.
In repairs of trenches, the permittee shall install a minimum of
four inches of bituminous material to be installed in 2 1/2-inch
and 1 1/2-inch lifts.
[Amended 6-18-1996 by Ord. No. 1996-19]
The City Engineer shall be notified by the permittee during
the forty-eight-hour period preceding beginning of backfilling of
the date and approximate time at which backfilling will begin, except
when excused in writing by the City Engineer.
[Amended 6-18-1996 by Ord. No. 1996-19]
No backfilling shall be accomplished unless or until the City
Engineer or a designated City inspector is present.
[Amended 6-18-1996 by Ord. No. 1996-19]
If the City Engineer finds that paved surfaces adjacent to the
street opening may be damaged where trenches are made parallel to
the street, or where a number of cross trenches are laid in close
proximity to one another, or where the equipment used may cause such
damage, the City Engineer may require a negotiated contribution from
the permittee for the resurfacing in place of patching of such street
if the total area of the proposed patch or probable damage exceeds
15% of the total pavement surfacing between curb faces or between
concrete gutter edges in any block. Such negotiations shall be carried
on and contributions agreed upon prior to issuance of a permit.
Once an excavation has been commenced pursuant to this article,
the work of making and backfilling the excavation shall be prosecuted
with due diligence.
[Amended 6-18-1996 by Ord. No. 1996-19]
A.
Upon completion of all work accomplished under the provisions of
the permit, the permittee shall notify the City Engineer in writing.
B.
A certificate of final inspection shall be issued by the City Engineer
to each permittee when, in the opinion of the City Engineer, the permanent
restoration of the excavation has been satisfactorily made; provided
that the work authorized by the permit has been performed according
to City specifications.
C.
Prior to the issuance of a certificate, the City Engineer shall make
a final inspection of the restoration to determine whether City specifications
have been adhered to.
A.
The City inspector shall satisfy himself that the backfill material
has been properly compacted prior to placement of the bituminous top
course. The inspector may, at his discretion, require the contractor
to perform a compaction test to verify that adequate compaction has
been achieved.
C.
All backfill material shall be tested for its drainage capability.
The inspector must approve this backfill material before it can be
returned to the trench.
D.
The City inspector shall initial the permit form after his inspection
of each of the phases mentioned in this section, thereby certifying
that he has inspected the finished product of each of these phases
of work and has determined that the restoration procedures have been
implemented properly.
