[Added 11-2-1970]
This article shall be known and may be cited as the "Street
Excavation Ordinance of the City of Westbrook."
[Amended 7-6-2009]
As used in this article, the following terms shall have the
meanings indicated:
Any person making a written application to the City for an
excavation permit and for whom the permit is to be issued.
The City of Westbrook.
The City Engineer and his authorized assistants under his
direction and supervision.
The City's Director of Public Services and his authorized
assistants under his direction and supervision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A duly authorized representative of the City or other designee.
Any person, firm or corporation who or which has applied
for and been issued an annual excavator license as required by this
article.
Any person who has been granted an excavation permit issued
hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public
passage way or public grounds in the City.
[Amended 11-4-1974; 7-6-2009]
A.
License. No person or utility shall be granted a permit to excavate
in a public place without holding a valid license for such work from
the City. The City Engineer or designee shall issue such license upon
receipt of a completed application, the required license fee, and
proof of liability insurance. No person or utility possessing such
license shall allow his or its name to be used by any person or utility,
directly or indirectly, either to obtain a permit or to do any work
under this license; provided, however, that nothing herein shall be
construed to prohibit a licensed excavator from doing such work through
an authorized agent or employee who is directly and continuously supervised
by him while in the performance thereof. A license issued to an excavator
may be revoked by the City Engineer or designee after notice to the
licensee, if the City Engineer or designee deems that the licensed
excavator has willfully disobeyed any portion of this article. The
annual excavator license is valid from January 1 to December 31 and
contains no prorated provisions.
B.
It shall be unlawful for any person to dig up, excavate, tunnel,
undermine or in any manner break up any street, or to make or cause
to be made any excavation in or under the surface of any street for
any purpose, or to place, deposit or leave upon any street any earth
or other material obstructing or tending to interfere with the free
use of the street, unless such person shall first have obtained an
excavation permit therefor from the Director of Public Services, City
Engineer or designee, as herein provided.
C.
Each year on or before March 31, each utility shall submit to the Director of Public Services, City Engineer or designee its planned work program for the ensuing year, which shall not include emergencies as defined in § 281-71 herein nor normal house service lines. Thereafter, no permit shall be issued to a utility for excavations not contained within its planned work program, except for emergencies and normal house service lines, unless a written application for such excavation shall be specifically approved by the City Engineer, Director of Public Services or designee.
D.
Excavation work must be started no later than 30 days from the date
of issue of the excavation permit. After the expiration of this thirty-day
period, such excavation permit shall become null and void and shall
have to be renewed.
E.
No person shall be granted a permit to excavate or open any street
or sidewalk from the time of December 1 of each year to March 31 of
the following year unless an emergency or special condition exists
and permission is obtained, in writing, from the Director of Public
Services, City Engineer or designee. Any person wishing to obtain
an excavation permit between these aforementioned dates shall first
explain fully, in writing, the emergency or special condition to the
City Engineer, Director of Public Services or designee before issuance
is granted. If a hazardous condition which could endanger life and/or
property exists, excavation work shall not be delayed by this section
of this article; provided, however, that a written explanation shall
be delivered to the City as soon as possible and a street opening
permit obtained for the opening made.
F.
When a street opening permit and/or excavation permit is not applied for prior to the work being done, the person conducting the work must receive an after-the-fact permit for the work. The fee for the after-the-fact permit shall be double the amount of the applicable fee established by Chapter A400, Master Fee Schedule, as may be amended from time to time. No further City permits will be issued until all outstanding fees for required after-the-fact permits are paid.
[Added 1-22-2018 by Ord.
No. 2018-03]
[Amended 11-4-1974; 7-6-2009]
A.
No excavation permit shall be issued unless a written application
for the issuance of same is submitted to the Director of Public Services,
City Engineer or designee.
B.
The application shall state the name and address of the applicant,
the nature, location and purpose of the excavation, the date of commencement
and date of completion of excavation.
C.
The application shall be accompanied by a plan or plans showing the
extent of the proposed excavation work, including its location, the
dimensions and elevations of the proposed excavated surfaces, and
such other information as may be reasonably required by the Director
of Public Services, City Engineer or designee.
D.
The application shall be accompanied by proof of notice to the utilities
as provided by the Dig Safe authorization number, or such successor
law, as may be amended from time to time.
[Amended 11-4-1974; 12-15-1975; 7-6-1982; 10-21-1985; 2-3-1986; 1-22-1991; 7-6-2009]
A.
An application fee shall be paid in accordance with Chapter A400, Master Fee Schedule, for each issuance and for each renewal of an excavation permit, in addition to other fees also set forth in the Master Fee Schedule.
B.
An additional fee shall be charged in accordance with the Master
Fee Schedule for a nonemergency street or sidewalk opening within
a five-year period of any major paving project, and all residents
shall be notified by certified mail 60 days prior to the start of
major paving projects.
C.
The applicant shall estimate the size of the excavation and pay the
City a deposit in that amount, prior to commencing work, pursuant
to the Master Fee Schedule.
[Amended 1-22-1991; 7-6-2009]
A.
There shall be a minimum permit fee as set forth in Chapter A400, Master Fee Schedule, for any street or sidewalk excavation equivalent to three square yards at the above applicable rate per square yard.
B.
Where three or more street openings are made in sequence (15 feet
or less, center to center, between each adjacent opening) the applicant
shall be charged for one opening measured from the first opening to
the last opening.
C.
Where street openings exceed 100 square yards, the applicant may
request the City's permission to contract privately for the street
or sidewalk repairs. If the City agrees the applicant or private contractor
shall post a bond for the estimated amount of street opening times
the above applicable unit rate. All street repair work must be done
in accordance with City specifications and is subject to inspection
by the City Engineer, Director of Public Services, or designee. However,
the City shall charge the applicant or contractor for its engineering
and inspection charges incurred during the street excavation and repair
work.[1]
[1]
Editor's Note: Original Sec. 29-85, Excavation placard to
be posted, which immediately followed this section, was repealed 7-6-2009.
[Amended 11-4-1974]
All such excavation permit fees shall be paid to the City and
shall constitute a special fund for the repair and repaving of such
excavations.
[Amended 8-15-1977; 7-6-2009; 5-13-2013]
The permittee shall take appropriate measures to ensure that
during the performance of the excavation work traffic conditions as
nearly normal as practicable shall be maintained at all times so as
to cause as little inconvenience as possible to the occupants of the
abutting property and to the general public, provided that the Chief
of Police may permit the closing of streets to all traffic for a period
of time prescribed by him if in his opinion it is necessary. The permittee
shall route and control traffic, including its own vehicles, in accordance
with the Manual on Uniform Traffic Control Devices and as directed
by the Police Department and/or City Engineer. The following steps
shall be taken before any highway work is commenced which interferes
with the normal flow of traffic:
A.
The permittee must receive the approval of the City Engineer or designee
and the Police Department at least 24 hours prior to the start of
the work in nonemergency situations and prior to the start of work
in emergency situations. The Chief of Police, after consultation with
the Fire Chief, must approve all traffic control measures as he deems
to be safe, and they may prescribe other measures which they deem
necessary to properly control and to safeguard traffic;
B.
The permittee must notify the Public Safety Communications Center
of any street or lane so closed;
C.
Upon completion of construction work, the permittee shall notify
the City Engineer and the Public Safety Communications Center before
traffic is moved back to its normal flow so that any necessary adjustments
may be made;
D.
Where flagpersons or traffic control devices are deemed necessary
by the City Engineer or the Chief of Police, they shall be furnished
by the permittee at its own expense. All such flagpersons shall be
subject to the approval of the Chief of Police. The Chief of Police
may require that the permittee employ trained and experienced flagpersons.
The City may also require municipal police officers to be used during
the period of construction. The cost of utilizing the off-duty officers
shall be the responsibility of the applicant. Through traffic shall
be maintained without the aid of detours, if possible. In instances
in which this would not be feasible, the City Engineer will designate
detours. The City shall maintain roadway surfaces of existing highways
designated as detours without expense to the permittee, but in case
there are no existing highways, the permittee shall construct all
detours at its expense and in conformity with the specifications of
the City Engineer. The permittee will be responsible for any unnecessary
damage caused to the highways by the operation of its equipment;
E.
Any excavation requiring a lane closure within an arterial or major
collector street as defined by the Maine Department of Transportation
shall be limited to the hours of 8:00 a.m. to 3:30 p.m. unless authorized
by the City Engineer. The City may also require municipal police officers
to be used during a lane closure within an arterial or major collector
street. The cost of utilizing the off-duty officers shall be the responsibility
of the applicant.
[Amended 7-6-2009]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment shall
be kept free of piles of material or other obstructions.
[Amended 7-6-2009]
The permittee shall erect and maintain suitable metal barriers
compliant with the Occupational Safety and Health Administration to
confine earth from trenches or other excavations in order to encroach
upon highways as little as possible. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic. Vehicular crossings shall be steel plates of a thickness
to accommodate vehicular traffic safely. The walkways shall be not
less than five feet in width and shall be provided with a railing
as required by the City Engineer.
The permittee shall not interfere with any existing utility
other than its own facilities without the written consent of the City
Engineer and the utility company or person owning the utility. If
it becomes necessary to remove an existing utility this shall be done
by its owner. No utility owned by the City shall be moved to accommodate
the permittee unless the cost of such work is borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless it makes other arrangements with the person
owning the utility. The permittee shall support and protect by timbers
or otherwise all pipes, conduits, poles, wire or other apparatus which
may be in any way affected by the excavation work, and do everything
necessary to support, sustain and protect them under, over, along
or across said work. In case any of said pipes, conduits, poles, wire
or apparatus should be damaged, they shall be repaired by the agency
or person owning them and the expense of such repairs shall be charged
to the permittee, and his or its bond shall be liable therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
gas pipe, electric conduit or other utility and its bond shall be
liable therefor. The permittee shall inform itself as to the existence
and location of all underground utilities and protect the same against
damage.
[Amended 7-6-2009]
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain a license from the owner of such
private property for such purpose, and if he cannot obtain a license
from such owner, the City Engineer may authorize him to enter the
private premises solely for the purpose of making the property safe.
The permittee shall, at its own expense, shore up and protect all
buildings, walls, fences or other property likely to be damaged during
the progress of the excavation work and shall be responsible for all
damage to public or private property or highways resulting from its
failure properly to protect and carry out said work. Whenever it may
be necessary for the permittee to trench through any lawn area, it
will be returned to the original condition after ditches have been
backfilled as required in this article. All construction and maintenance
work shall be done in a manner calculated to leave the lawn area clean
of earth and debris and in a condition as near as possible to that
which existed before such work began. The permittee shall not remove
even temporarily any trees or shrubs which exist in parking strip
areas or easements across private property without first having notified
and obtained the consent of the property owner, or in the case of
public property the appropriate City department or City official having
control of such property.
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over said excavation
on the line of the sidewalk, which bridge shall be at least three
feet wide and securely railed on each side so that foot passengers
can pass over safely at all times.
[Amended 7-6-2009]
The permittee shall erect such fence, railing or barriers about
the site of the excavation work as shall prevent danger to persons
using the City street or sidewalks, and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight, there shall be placed upon such place of excavation and
upon any excavated materials or structures or other obstructions to
streets suitable and sufficient lights which shall be kept illuminated
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barriers or any lights provided there
for the protection of the public.
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
as not to endanger those working in the trench, pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the City Engineer shall have the authority to require
that the permittee haul the excavated material to a storage site and
then rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and make all necessary arrangements for all required storage and disposal
sites.
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If upon being ordered the permittee fails to furnish
the necessary labor and materials for such repairs, the City Engineer
shall have the authority to cause said necessary labor and materials
to be furnished by the City and the cost shall be charged against
the permittee.
Property lines and limits of easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit and it shall be the permittee's responsibility to confine excavation
work within these limits.
[Amended 7-6-2009]
As the excavation work progresses, all streets and private property
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. At the end of each day of work,
the street surface shall be swept clean of all material and debris.
All cleanup operations at the location of such excavation shall be
accomplished at the expense of the permittee and shall be completed
to the satisfaction of the City Engineer, Director of Public Services
or designee. From time to time as may be ordered by the City Engineer,
Director of Public Services or designee and in any event immediately
after completion of said work, the permittee shall at his or its own
expense clean up and remove all refuse and unused materials of any
kind resulting from said work, and upon failure to do so within 24
hours after having been notified to do so by the City Engineer, Director
of Public Services or designee, said work may be done by the City
Engineer and the cost thereof charged to the permittee.
[Amended 7-6-2009]
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as it found them or shall make
such provisions for them as the City Engineer, Director of Public
Services or designee may direct. The permittee shall not obstruct
the gutter of any street but shall use all proper measures to provide
for the free passage of surface water. The permittee shall make provision
to take care of all surplus water, muck, silt, slickings or other
runoff pumped from excavations or resulting from sluicing or other
operations and shall be responsible for any damage resulting from
its failure to so provide.
[Amended 11-4-1974; 7-6-2009]
A.
Whenever it is necessary to break through existing pavement for excavation
purposes and where trenches are to be three feet or over in depth,
the pavement in the base shall be removed to at least 12 inches beyond
the outer limits of the subgrade that is to be disturbed in order
to prevent settlement, and a twelve-inch shoulder of undisturbed material
shall be provided in each side of the excavated trench. The City Engineer
or designee may approve pavement grindings around the trench to the
depth of 1 1/2 inches as an alternate to removing the twelve-inch
border around the trench.
B.
All excavations on paved street surfaces shall be precut in a neat,
straight line with pavement breakers or asphalt saws. Heavy-duty pavement
breakers may be prohibited by the City when their use endangers existing
substructures or property, and no pile driver may be used in breaking
up the pavement.
C.
Cutouts of the trench lines must be normal or parallel to the trench
line, and pavement edges shall be trimmed to a vertical face.
D.
Unstable pavement shall be removed over cave outs and over breaks,
and the subgrade shall be treated as the main trench.
E.
The permittee shall not be required to pay for repair of damage existing
prior to the excavation unless his cut results in small floating sections
that may be unstable, in which case the permittee shall remove the
unstable portion and the area shall be treated as part of the excavation.
F.
When three or more street openings are made in sequence (15 feet
or less, center to center, between each adjacent opening), the permittee
shall neatly cut and remove the area of pavement between these adjacent
openings and the area shall be paved as one opening.
[Amended 7-6-2009]
Tunnels under pavement shall not be permitted.
[Amended 7-6-2009]
Backfilling in any street opened or excavated pursuant to an
excavation permit issued hereunder shall be compacted to a degree
equivalent to that of the undisturbed ground in which the trench was
dug. Compacting shall be done by mechanical tampers or vibrators,
by rolling in layers, as required by the soil in question and sound
engineering practices generally recognized in the construction industry,
not to exceed 12 inches in depth per layer. The City of Westbrook
may require a site inspector during backfilling of said excavation
at the permittee's expense.
[Amended 7-6-2009]
When backfilling, water settling is not permitted.
[Amended 7-6-2009]
Backfilling up to the first 18 inches above the top of the utility
pipes or similar installations shall be done with thin layers. Each
layer is to be tamped by manual or mechanical means. Layers that are
hand-tamped shall not exceed four inches in thickness. Layers that
are power-tamped shall not exceed six inches in thickness. The same
requirements shall apply to the remainder of the backfilling if tamping
is the method used for backfilling. Backfilling of all pipes of over
24 inches in diameter shall be carried up to the spring line of the
pipe in three-inch layers, with each layer thoroughly tamped with
suitable mechanical equipment. The backfill around all pipes 24 inches
or less in diameter shall be tamped as specified above to a depth
of 18 inches above the top of the pipe before any additional backfilling
is placed thereon. The City may request compaction testing at the
owner's expense.
[Amended 7-6-2009]
Whenever any excavation for the laying of pipe is made through
rock, the pipe shall be laid six inches above the rock bottom of the
trench and the space under, around and six inches above the pipe shall
be backfilled with three-fourths-inch crushed stone. Broken pavement,
large stones, and debris shall not be used in the backfill.
[Amended 7-6-2009]
A.
The materials composing the surface of the street shall, when excavated,
be kept entirely separate from the remainder of the excavation. With
the approval of City Engineer, Director of Public Services or designee,
such surface material may be used to replace the surface at the top
of the trench, or in lieu thereof, the top of said trench must be
refilled with a minimum of two feet of MDOT Type A gravel and three
inches of compacted crushed gravel. All such backfill shall be thoroughly
compacted, mechanically in twelve-inch layers. Road base backfill
shall not contain stones larger than four inches in their greatest
dimensions, nor shall any frozen backfill be used.
B.
The permittee may be required by the City Engineer, Director of Public
Services or designee to place a temporary surface of hot base mix
pavement over excavations in paved traffic lanes, when work will continue
the following day.
C.
In the event any settlement in said trench occurs between the time
said backfilling shall have been made and the time the permittee shall
have made permanent repairs to said excavations, the permittee shall
be responsible for any accident or damage to others resulting from
the settlement in said trench prior to the making of permanent repairs.
[Amended 7-6-2009]
A.
Upon completion of the backfilling and area clean up, the permittee
shall so notify the City Engineer or designee and request an inspection
of the project. After final inspection, the City Engineer or designee
shall so notify the permittee to restore the surface of the street
as near as may be to its original condition as directed. If in the
judgment of the City Engineer or designee it is not advisable to immediately
replace the street pavement because of weather conditions or otherwise,
he may direct that temporary repairs be made until such time as the
permanent repairs may be properly made. In high-traffic areas, concrete
may be required as the temporary repair. It shall be a minimum of
four inches thick. Permanent paving repairs shall consist of a minimum
of two inches of dense binder base course and 1 1/2 inches of
finish course of bituminous pavement. All saw-cut pavement edges shall
be even and no loose edges. The paving shall be removed 12 inches
beyond all boundaries of the trench or maybe reduced 1 1/2 inches
by grinding. Prior to placing paving all edges and surfaces shall
be coated with an asphalt emulsion (tack coating). Each layer shall
be hand-raked and compacted with a steel-wheeled roller. For areas
inaccessible to a roller, a vibrating plate tamper will be used. Paving
shall not be completed unless the air temperature is at a minimum
of 50° and rising. If pavement is thicker than the total of the
3 1/2 inches, the permittee shall replace the same thickness
that was removed and in lifts not greater than two inches per course.
B.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was prior to
the excavation for two years after restoring it to its original condition.
[Amended 7-6-2009]
Except by special permission from the City Engineer, Director
of Public Services or designee, no trench shall be excavated more
than 50 feet in advance of pipe laying nor left unfilled more than
25 feet where pipe has been laid. The length of the trench that may
be opened at any one time shall not be greater than the length of
pipe and the necessary accessories which are available at the site
ready to be put in place. Trenches shall be braced and sheathed according
to generally accepted safety standards for construction work as prescribed
by OSHA and the City Engineer, Director of Public Services or designee.
[Amended 7-6-2009]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work as soon as practicable and in any event not later
than the date specified in the excavation permit therefor, or as subsequently
extended by the City Engineer, Director of Public Services or designee.
[Amended 7-6-2009]
If in his judgment traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the City Engineer, Director of
Public Services or designee shall have full power to order, at the
time the permit is granted, that a crew of men and adequate facilities
be employed by the permittee 24 hours a day to the end that such excavation
work may be completed as soon as possible.
[Amended 7-6-2009]
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
person owning or controlling such facility shall apply for an excavation
permit not later than the end of the next succeeding day during which
the City Engineer, Director of Public Services or designee office
is open for business.
[Amended 7-6-2009]
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris and during the hours of 8:00 p.m. to 7:00 a.m. shall not use,
except with the express written permission of the City Engineer, Director
of Public Services or designee or in case of an emergency as herein
otherwise provided, any tool, appliance or equipment producing noise
of sufficient volume to disturb the sleep or repose of occupants of
the neighboring property.
[Amended 11-6-1972; 11-4-1974; 12-29-1980; 10-31-1988; 7-6-2009]
A.
Whenever the City Council enacts any ordinance or resolution providing
for the paving or repaving of any street, the City Engineer, Director
of Public Services or designee shall mail by ordinary mail a notice
to each person owning any sewer, main, conduit or other utility in
or under said street or any real property, whether improved or unimproved,
abutting said street. Such notice shall notify such persons that no
excavation permit shall be issued for openings, cuts or excavations
in said street for a period of five years after the date of the notice.
Such notice shall also notify such persons that applications for excavation
permits, for work to be done prior to such paving or repaving, shall
be submitted promptly in order that the work covered by the excavation
permit may be completed not later than 60 days from the date of such
notice. The City Engineer, Director of Public Services or designee
shall also promptly mail copies of such notice to the occupants of
all houses, buildings and other structures abutting said street for
their information and to state agencies and City departments or other
persons that may desire to perform excavation work in said City street.
B.
Within said 60 days, every public utility company receiving notice
as prescribed herein shall perform such excavation work, subject to
the provisions of this article, as may be necessary to install or
repair sewers, mains, conduits or other utility installations. In
the event any owner of real property abutting said street shall fail
within said 60 days to perform such excavation work as may be required
to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make openings, cuts or excavations in said street shall
be forfeited for a period of five years from the date of enactment
of said ordinance or resolution. During said five-year period, no
excavation permit shall be issued to open, cut or excavate in said
street unless in the judgment of the City Engineer, Director of Public
Services or designee an emergency exists which makes it necessary
that an excavation permit be issued, or when authorized by an order
of the City Council. Any excavation performed during the five-year
moratorium shall have the following requirements:
C.
Every City department or official charged with responsibility for
any work that may necessitate any opening, cut or excavation in said
street is directed to take appropriate measures to perform such excavation
work within said sixty-day period so as to avoid the necessity for
making any openings, cuts or excavations in the new pavement in said
City street during said five-year period.
D.
No person, firm, or corporation, including the City's Public Services
Department, shall make or cause to be made any opening or excavation
in a City street, way or public place until contact has been made
with all utilities to locate any existing underground gas, water,
telephone or other installations within said street, way or public
place.
E.
The developer of new streets offered to the City for acceptance as public streets shall, prior to offering said new streets for acceptance, install all sewers, mains, drains, conduits and other utilities, including utility stubs, to all existing and proposed lots. For a period of five years from the date of final acceptance, no excavation permit shall be issued for openings, cuts or excavations in said street, except as provided in Subsection B of this section.
[Amended 7-6-2009]
A.
Upon the installation or renewal of a gas or other flammable service
line to any building, a shutoff control valve shall be installed in
the service line at or near the property line.
B.
When gas or other flammable service to buildings is discontinued,
the existing service line for such service shall be terminated at
a point outside the building at or near the property line.
C.
Upon the reconstruction of any such street, all gas main lines and
building service lines that have been installed for a period of 20
years or more must be replaced in the right-of-way.
[Amended 7-6-2009]
The permittee shall not disturb any surface monuments or hubs
found on the line of excavation work until ordered to so do by the
City Engineer, Director of Public Services or designee.
[Amended 7-6-2009]
A.
The City Engineer, Director of Public Services or designee shall
make such inspections as are reasonably necessary in the enforcement
of this article. The City Engineer, Director of Public Services or
designee shall have the authority to promulgate and cause to be enforced
such rules and regulations as may be reasonably necessary to enforce
and carry out the intent of this article.
B.
If the project requires an inspector for the duration of the site
work, the permittee shall be responsible for all cost. Inspection
charges will be listed on the City of Westbrook Master Fee Schedule.
[Amended 7-6-2009]
Users of subsurface street space shall maintain accurate drawings,
plans, and profiles showing the location and character of all underground
structures, including abandoned installations. Corrected maps shall
be filed with the City Engineer, Director of Public Services or designee
within 60 days after new installations, changes or replacements are
made.
The provisions of this article shall not be applicable to any
excavation work under the direction of competent City authorities,
employees of the City or by any contractor of the City or state performing
work for and in behalf of the City or state necessitating openings
or excavations in streets.
[Amended 7-6-2009]
A permittee, other than a public utility company, prior to the
commencement of excavation work hereunder, shall furnish the City
satisfactory evidence, in writing, that the permittee has in force
and will maintain in force during the performance of the excavation
work and the period of the excavation permit public liability insurance
of not less than $2,000,000 for any one person and $2,000,000 for
any one accident and property damage insurance of not less than $2,000,000
duly issued by an insurance company authorized to do business in this
state.
This article shall not be construed as imposing upon the City
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the City
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Amended 7-6-2009]
If the work or any part thereof provided for in this article
shall be unskillfully or improperly done, the City Engineer, Director
of Public Services or designee may forthwith cause the same to be
skillfully and properly done and shall keep an account of the expense
thereof. In such case, the permittee in default shall pay to the City
all its expenses incurred in correcting such improper work, with an
additional 50% added thereto for its default, and thereafter no further
permits shall issue to the permittee until such sum is paid in full
to the City.
