[HISTORY: Adopted by the Town of Ogunquit as indicated in
article histories. Amendments noted where applicable.]
[Adopted 11-4-2014 STM
(Title XVI of the 1980 Code)]
No person or utility shall make any excavation, modify, or fill
any excavation excluding previously permitted locations in any public
place without first obtaining a permit to do so from the Town except
as otherwise provided for in this article or the rules and regulations.
Any excavation within the Town's streets, sidewalks, esplanades or
other public rights-of-way shall only be permitted in accordance with
this article or the rules and regulations. The granting of such a
permit shall cover all required activities to conform to this article
and the rules and regulations.
A.
No street opening permit shall be issued unless a written application
on a form provided by the Town for the issuance of a street opening
permit is submitted to and approved by the Town. The written application
shall contain such information as reasonably required by the Public
Works Department and identified in the rules and regulations. Applications
shall be submitted at least two business days prior to the anticipated
excavation. The permit shall expire 30 days from the date of issuance.
B.
In order to protect underground facilities and public safety, all
permit applications must provide the Town with documentation of the
applicant's proper notification to the underground facilities damage
prevention system. This will typically be provided by indicating the
applicant's "Dig Safe" number on the application.
C.
In order to obtain a permit, the applicant must be current on all
of its financial obligations to the Town.
D.
All applicants shall be required to post an eighteen-month bond,
surety or appropriate security deposit in order to apply for any permits.
A.
Permits shall be issued only after security acceptable to the Public
Works Department has been given to the Town to insure the proper restoration
and subsequent maintenance of the street, sidewalk, curb, esplanade,
or other public right-of-way.
B.
Permits shall be issued only to persons or utilities in possession
of a current excavator license granted by the Public Works Department.
C.
Permits shall be granted only if the applicant has properly notified
all utilities, typically done by contacting "Dig Safe" and obtaining
an authorization number to proceed. Any conflicts with utilities shall
be the sole responsibility of the applicant and shall be resolved
to the utilities' satisfaction and per the Town's technical and design
standards and guidelines.
D.
Issuance of a street opening permit shall not imply a waiver of other
Town permit requirements such as sealed drains, sewer or storm drain
connections, sign installation, or building permits.
E.
The Public Works Director has the right to deny permit applications
if the street has been newly constructed, reconstructed, or rehabilitated;
if excavation is proposed between the dates of November 15 and April
15; if a significant public safety hazard could result; or for just
cause.
A.
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 at intervals of not more than 200
feet. If any excavation is made across any public street, alley, or
sidewalk, adequate crossings shall be maintained for vehicles and
for pedestrians. If street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, a passageway
at least half of the sidewalk width shall be maintained along such
sidewalk line.
B.
It shall be the duty of every permittee cutting or making any excavation
in or upon any public place to place and maintain barriers and warning
devices necessary for the safety of the general public. Traffic control
in the vicinity of all excavations affecting vehicular, pedestrian,
and bicycle traffic shall be subject to Police Department review and
approval.
C.
Barriers, warning signs, lights, etc., shall conform to the latest
edition of the Manual on Uniform Traffic Control Devices (UTCD). Warning
lights shall be electrical markers or flashers used to indicate a
hazard to traffic from sunset of each day to sunrise of the next day.
Electrical markers or flashers shall emit light at sufficient intensity
and frequency to be visible at a reasonable distance for safety. Reflector
or reflecting material may be used to supplement, but not replace,
light sources without prior written consent of the Public Works Director.
D.
The permittee shall take appropriate measures to assure that during
the performance of the excavation work, traffic conditions as near
normal as possible shall be maintained at all times to minimize inconvenience
to the occupants of adjoining property and to the general public.
E.
When traffic conditions permit, the Public Works Director or representative,
with the approval of the Police Department, may, by written approval
(or verbal approval in cases of emergency), permit the closing of
streets and alleys to all traffic for a period of time prescribed
by him/her, if in his/her opinion it is necessary. The written approval
of the Public Works Director of the Town may require the permittee
to give notification to various public agencies and to the general
public. In such cases, such written approval shall not be valid until
such notice is given. In case of emergency on weeknights, weekends,
or holidays, the utility company having such emergency shall contact
the Police Department by phone before closing a street to traffic,
except in a case of immediate hazard of loss of life or serious property
damage, in which event prompt notice of closing shall be given.
F.
Warning signs shall be placed far enough in advance of the construction
operation to alert traffic within a public street, and cones or other
approved devices shall be placed to channel traffic in accordance
with the instructions of the Public Works Director, after his/her
review of the proposed traffic control measures of the project.
G.
The permittee shall hereby be informed that the Public Works Director
of the Town will require special police protection at locations where
the permittee, by his/her work, interferes with the general public's
safety or locations where the Public Works Director or Police Department
deem it necessary.
H.
The permittee is also informed that construction activities (unless
an emergency condition exists) shall not interfere with the normal
flow of traffic on arterial streets of the Town except to the extent
and under conditions approved by the Public Works Director or Police
Department and the full roadway lane width shall be maintained.
I.
The permittee may shift traffic to the opposite side of the roadway
to maintain the above-required lane width. The permittee may only
make such shift with the approval of the Public Works Director, following
proper review of detour plans to ensure adequate, safe two-way traffic
flow and proper number and placement of police officers if required.
Each year on or before March 31, each utility shall submit to
the Public Works Department its planned work program for the ensuing
year, which shall not include emergencies and normal house service
lines. Thereafter, the Town shall have the right to deny permit applications
for excavations not specifically contained within each utility's respective
planned work program, except for emergencies and house service lines.
The Town may issue an annual blanket permit to the Public Works
Department for the purpose of placing, replacing or repairing any
facility within a public place as long as the utilities are properly
notified through "Dig-Safe" and a record of the completed work is
submitted to the Town in a timely fashion.
Excavation work must be started no later than 30 days from the
date of issue of the street opening permit. After the expiration of
this thirty-day period, such permits shall become null and void and
shall have to be renewed.
B.
Street opening permit: $50.
(1)
Surety level and limits. Purpose is to ensure proper closing of the
street opening for an eighteen-month period in case of cracking, settling,
and poor workmanship. The surety may be in the form of a bond or irrevocable
letter of credit from a bank. The level of surety is as follows:
C.
Utility companies.
(1)
Street opening permit: $15 each. Fee will be waived for utilities
in good standing with the Town.
(2)
Surety. Once a year, a utility may file a blanket surety letter with
the Town to guarantee to fix or pay for the repair to an opening (within
an eighteen-month period) as judged by the Public Works Director to
be in need of repair. The utility will either renew the blanket surety
letter if there are outstanding permits or may post individual sureties
for any outstanding permits. The Public Works Director may repair
the opening only after notifying the utility company holding the permit
and allowing it the chance to repair it within 30 calendar days of
notification.
D.
Excavator license.
(1)
Excavator license: $100 annually.
(2)
A Town excavator license shall be required in addition to any other
fees to attain a permit that necessitates excavation of any Town owned
property. A Town excavator license will be valid from January 1 of
each year and expire on December 31 of the same year. The permittee
shall need to renew the excavator license after January 1 and before
a street opening permit will be issued.
E.
All fees and charges shall be enacted annually by order of the Town
Select Board. The Public Works Department shall notify currently licensed
excavators in advance of annual fee revisions necessary to reflect
costs of program administration, permanent pavement restoration, annual
excavator's license fee, and other applicable charges.
[Amended 6-8-2021 ATM by Art.
9]
F.
Proof of insurance. For opening permits, applicants shall supply
to the Town of Ogunquit, Maine, a certificate of insurance listing
the Town of Ogunquit, Maine, as an additionally named insured. Coverage
shall be for no less than the following amounts:
(1)
General liability, including comprehensive form, premises/operations,
underground explosion and collapse hazard, products/completed operation,
contractual independent contractors, broad form property damage and
personal:
G.
Upon permit application, the administrative charge and estimated
permanent pavement restoration charge shall be paid in the Land Use
Office and held by the Town Treasurer unless waived by the Public
Works Department as provided below. Utility applicants in good standing
may have permit fees waived. Permanent pavement restoration charges
and all other fees and charges shall be paid before a permit is issued.
[Amended 6-8-2021 ATM by Art.
9]
H.
All fees and charges collected by the Public Works Department in
the issuance of permits pursuant to this article shall be reported
as revenue to the Town. Sureties are not revenue. Cash sureties will
be reported as a Town liability until the surety is either returned
to the permittee or forfeited.
[Amended 6-9-2015 ATM]
I.
Waiver of fees. To prevent untimely delays to construction activities
within the limits of Town- and/or Maine Department of Transportation
(MDOT)-planned reconstruction areas, the Town shall waive all street
opening permit fees for utilities and individuals having work to do
in such areas until the time reconstruction takes place. This waiver
can only be applied if the applicant clearly indicates the nature
and limits of work on the permit application.
(1)
The Director may waive all permit fees in streets or sidewalk/driveway
areas to contractors under contract to the Town or MDOT.
(2)
To promote the use of trenchless technologies and minimize pavement
disturbance, the permanent restoration fee will not be assessed to
any excavation area achieved by trenchless technologies which do not
result in pavement damage.
(3)
No permanent pavement restoration fee will be assessed for excavations
into streets classified with a pavement condition index (POI) requiring
total reconstruction per the Town's pavement management and maintenance
program.
[Amended 6-8-2021 ATM by Art.
9]
(4)
The Town Manager may authorize special waivers of permit fees if
special conditions exist, including public health issues and significant
financial hardship to a homeowner, which can be supported by the Director,
in writing.
Bonds or sureties shall be required of all applicants in good
standing under the rules and regulations in order to guarantee their
performance. Bonds and sureties shall be posted for a minimum of 18
months. In lieu of a bond or surety, an applicant may substitute a
deposit equal to the anticipated cost of excavation repair, as determined
by the Town, for each application it seeks. Deposits shall be certified
bank checks only. Such checks will be made payable to the Town of
Ogunquit, which will deposit the check into an account in the name
of and under the control of the Town. The deposit will be refunded
upon approved completion of all conditions of the permit, this article
and the rules and regulations.
A.
Any person or utility failing to comply with or violating any provision
of this article or the rules shall be served by the Public Works Department
with written notice stating the nature of the failure or violation
and providing a reasonable time limit for the necessary corrective
actions. Such person or utility shall, within the period of time stated
in such notice, permanently cease or correct all failures or violations.
B.
In order to ensure public safety, the Public Works Department shall
have the right to verbally notify and require immediate corrective
actions of any person or utility whose failure to comply with this
article or the rules could cause a safety hazard.
C.
Any person or utility who or which shall continue any failure or
violation beyond the time limit required for compliance in any notice
given pursuant to this article or the rules shall be guilty of a violation
of this article.
D.
Any person or utility violating any of the provisions of this article
or the rules shall be liable to the Town for any expense, loss, or
damage occasioned by the Town by reason of such violation. The Town
may seek injunctive relief for the purposes of enforcing this article
or the rules.
(1)
Any violation of this article which is also a violation of 35-A M.R.S.A.
§ 2509 or § 2511 or a violation of 23 M.R.S.A.
§ 3353 or 3355 shall subject the permittee or party to a
fine as provided in said statutes, as said statutes may be amended
from time to time.
(2)
Any violation of this article other than the violations of state
law prescribed in the preceding subsection shall subject the permittee
or party to a fine of $100 per day for each day that a violation continues.
E.
Any permittee or party who continues to violate any section of this
article or the rules and fails to correct violations in a timely manner
shall receive no further permits and will be invoiced for permanent
repairs as appropriate until such time as the Town is satisfied that
the permittee or party shall have corrected all violations in compliance
with the terms of this article and the rules and regulations.
F.
The Town reserves the right to notify a permittee's insurance and/or
bond carrier of repeated violations.
Any person or utility found to be conducting any excavation
activity within the public right-of-way without having first obtained
the required permit(s) shall immediately cease all activity (exclusive
of actions required to stabilize the area) and be required to obtain
a permit before work may be restarted. A surcharge of $100 shall be
required, in addition to all applicable permit fees.
A.
Whenever a person shall deem themselves aggrieved by an order made
by the Public Works Department, the person may file an appeal to the
Town Manager within 10 days of the date of the order, and the person
shall be afforded a hearing on the matter before the Town Manager
or a designee, and unless by their authority the aggrieved order is
revoked, such order shall remain in force and be forthwith complied
with by the person.
B.
In cases of applicability or interpretation of the rules, the Town
Manager may revoke such order made by the Public Works Department.
C.
In cases where compliance with such order made by the Public Works
Department would cause undue hardship, the Town Manager may extend
the time limit of such order, or may grant exceptions to, or waive
requirements of, or grant a variance from the specific provisions
of the rules, subject always to the rule that the Town Manager shall
give due consideration to the purposes of the rules in preserving
public safety and convenience, integrity of public infrastructure,
and the operational safety and function of the public right-of-way.
[Adopted 11-3-1998 STM
(Title II, Ch. 8, of the 1980 Code)]
The purpose is to recognize and permit individuals constitutional
rights to assemble or parade peaceably on public streets and parks
while protecting the public health, safety and welfare by ensuring
free passage of traffic and maintaining public order.
As used in this article, the following terms shall have the
meanings indicated:
Any assembly or march of persons, vehicles, animals or objects,
or combination thereof, except funeral processions, upon any public
street, sidewalk or alley, which does not comply with normal and usual
traffic regulations or controls.
An organized procession containing 10 or more vehicles, except
funeral processions, upon any public street, sidewalk or alley, which
does not comply with normal and usual traffic regulations or controls.
Any march or procession consisting of 10 or more people,
animals or vehicles, or combination thereof, except funeral processions,
upon any public street, sidewalk or alley, which does not comply with
normal and usual traffic regulations or controls.
Any march of 10 or more persons, vehicles, animals or objects,
or combinations thereof, except funeral processions, upon any public
street, sidewalk or alley, which does not comply with normal and usual
traffic regulations or controls.
It shall be unlawful for any person to conduct a parade, procession,
motorcade or demonstration in or upon any public street, sidewalk
or alley in the Town or knowingly participate in any such parade,
procession, motorcade or demonstration unless and until a permit to
conduct such parade, procession, motorcade or demonstration has been
obtained from the Chief of Police or, as hereinafter provided, from
the Select Board.
No permit shall be issued authorizing the conduct of a parade,
procession, motorcade or demonstration which the Chief of Police finds
is proposed to be held for the sole purpose of advertising any product,
goods, wares, merchandise, or event, and is designed to be held purely
for private profit.
No person shall knowingly join or participate in any parade,
procession, motorcade or demonstration conducted under permit from
the Chief of Police in violation of any of the terms of said permit,
nor knowingly join or participate in any permitted parade, procession,
motorcade or demonstration without the consent and over the objection
of the applicant, nor in any manner interfere with its progress or
orderly conduct.
Any person who wants to conduct a parade, procession, motorcade
or demonstration shall apply to the Chief of Police for a permit at
least 10 days in advance of the proposed parade, procession, motorcade
or demonstration. The Chief of Police may, in his discretion, consider
any application for a permit to conduct a parade, procession, motorcade
or demonstration which is filed less than the 10 days prior to the
date such parade, procession, motorcade or demonstration is to be
conducted. The application for such permit shall be made, in writing,
on a form approved by the Chief of Police. In order that adequate
arrangements may be made for the proper policing of the parade, procession,
motorcade or demonstration, the application shall contain the following
information, including but not limited to:
A.
The name of the applicant, the sponsoring organization, the parade,
procession, motorcade or demonstration organizer and addresses and
telephone numbers of each applicant/organizer.
B.
The purpose of the parade, procession, motorcade, or demonstration,
the expected maximum number of participants, the date when it is proposed
to be conducted, the location of the assembly area, the location of
the disbanding area, route to be traveled and the approximate time
when the parade, procession, motorcade or demonstration will assemble,
start and terminate.
C.
A description of the individual floats, marching units, animals,
vehicles or bands, including a description of any sound-amplification
equipment to be used.
D.
Such other information as the Chief of Police shall deem reasonably
necessary.
A.
Standards for issuance. The Chief of Police shall issue a parade,
procession, motorcade or demonstration permit conditioned upon the
applicant's written agreement to comply with the terms of such permit
unless the Chief of Police finds that:
(1)
The time, route and size of the parade, procession, motorcade or
demonstration will disrupt, to an unreasonable extent, the movement
of other traffic.
(2)
The parade, procession, motorcade or demonstration is of a size or
nature that requires the diversion of so great a number of police
officers of the Town to properly police the line of movement and the
areas contiguous thereto that allowing the parade, procession, motorcade
or demonstration would deny reasonable police protection to the Town.
(3)
Such parade, procession, motorcade or demonstration will interfere
with another parade, procession, motorcade or demonstration for which
a permit has been issued.
B.
Standards for denial. The Chief of Police shall deny an application
for a parade, procession, motorcade or demonstration permit and notify
the applicant of such denial where:
(1)
The Chief of Police makes any finding contrary to findings required
to be made for the issuance of a permit.
(2)
The information contained in the application is found to be false
or nonexistent in any material detail.
(3)
The applicant refuses to agree or abide by or comply with all conditions
of the permit.
C.
Contents of permit.
(1)
In each permit the Chief of Police shall specify:
(a)
The assembly area and time of assembly;
(b)
The starting time;
(c)
The minimum and maximum speeds;
(d)
The route of the parade, procession, motorcade or demonstration;
(e)
What portions of streets to be traversed may be occupied by
such parade, procession, motorcade or demonstration;
(f)
The maximum number of platoons or units and the maximum and
minimum intervals of space to be maintained between the units of such
parade, procession, motorcade or demonstration;
(g)
The maximum length of such parade, procession, motorcade or
demonstration in miles or fractions thereof;
(h)
The disbanding area, and disbanding time;
(i)
The number of persons required to monitor the parade, procession,
motorcade or demonstration;
(j)
The number of participants expected and type of vehicles, if
any;
(k)
The material and maximum size of any sign, banner, placard or
carrying device therefor;
(l)
The materials used in the construction of floats used in any
parade shall be of fire-retardant material and shall be subject to
such requirements concerning firesafety as may be determined by the
Fire Chief;
(m)
That permittee advise all participants in the parade, procession,
motorcade or demonstration, either orally or by written notice, of
the terms and conditions of the permit, prior to the commencement
of such parade, procession, motorcade or demonstration;
(n)
That the amplification of sound permitted to be emitted from
sound trucks or bullhorns be fixed and not variable;
(o)
That the parade, procession, motorcade or demonstration continue
to move at a fixed rate of speed and that any willful delay or willful
stopping of said parade, procession, motorcade or demonstration, except
when reasonably required for the safe and orderly conduct of the parade,
procession, motorcade or demonstration, shall constitute a violation
of the permit; and
(p)
Such other requirements as are found by the Chief of Police
to be reasonably necessary for the protection of persons or property.
(2)
All conditions of the permit shall be complied with so far as reasonably
practicable.
A.
Upon a denial by the Chief of Police of an application made pursuant to § 183-19B of this article, the applicant may appeal from the determination of the Chief of Police within five days thereafter to the Select Board by filing a written notice of appeal for a hearing by the Select Board at its next meeting. Upon such appeal, the Select Board may reverse, affirm, or modify, in any regard, the determination of the Chief of Police.
B.
In the event an application is not filed within the required time, as specified in § 183-18, the applicant may request a waiver of such requirement by the Select Board at its next meeting, or at a special meeting which may be called prior thereto by said Select Board to consider such matter, and the Select Board, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.
Immediately upon the granting of a permit for a parade, procession,
motorcade or demonstration, the Chief of Police shall send a copy
thereof to the following:
Any permit for a parade, procession, motorcade or demonstration
issued pursuant to this article may be summarily revoked by the Chief
of Police at any time when by reason of disaster, public calamity,
riot or other emergency the Chief of Police determines that the safety
of the public or property requires such revocation. Notice of such
action revoking a permit shall be delivered, in writing, to the applicant
by personal service or certified mail.
The penalty for violation of this article shall be no less than
$100 nor more than $500 for each violation. Each day that a violation
occurs or continues shall be considered a separate offense. Penalties
collected for violation of this article shall be recovered for the
use of the Town of Ogunquit.
