[Adopted as Ord. No. 53; effective 11-19-1986; amended in its
entirety 10-2-2019 by Ord. No.
2019-04]
The purpose of this article is to establish rules and regulations
as authorized by RSA 236:10 and RSA 47:17 to govern the excavation
and restoration within any public way.
As used in this article, the following terms shall have the
meanings indicated:
That person designated by the Public Works Director to oversee
and administer the excavation permit process, up to and including
the authority to issue and revoke permits for excavation.
The removal of soil, rock or pavement surface by any mechanical
machine or device or by manual means, including but not limited to
discharge of explosives on or within any public way.
Person (as defined below) with an excavation permit.
The area outside of the paved portion of a public way and
other unpaved portions of City-owned property.
Any individual, firm, corporation or partnership proposing
to make or contract for excavation.
Any surface improved for travel, including roadways, sidewalks,
walls, shoulders, greenbelt areas, ditches, embankments, or within
or on any land held by the city as easements or rights-of-way.
That person with managerial authority over personnel employed
in the Department of Public Works.
A.
No person shall excavate within the public way of the City of Lebanon
without a written permit from the Public Works Director or his/her
designee.
B.
Nothing in this article shall be construed to prevent excavations
from occurring as may be necessary for the preservation of life or
property in an emergency situation. An emergency is classified as
a situation where public health or safety is endangered, and immediate
action must be taken. In the case of an emergency the Department of
Public Works and Lebanon Dispatch shall be notified immediately by
telephone. A permit shall be obtained no later than one business day
after such emergency excavation.
A.
Any person desiring to excavate within the public way of the City
of Lebanon shall submit a completed application a minimum of 72 hours
prior to the planned start date, excluding Saturdays, Sundays and
holidays. For any excavation that requires the complete closure of
a roadway, a completed application must be submitted a minimum of
10 days in advance of planned start date. All applications for excavations
in the public way shall contain such information and specifications
as the Public Works Director or his/her designee may require and shall
be accompanied by plans and profiles and a nonrefundable permit fee.
B.
Fees:
(1)
Excavation permit fee: $200 (nonrefundable).
(2)
Roadway degradation base fee: $5 per square foot of roadway and sidewalk
impacted (to include a three-foot zone of influence) as follows:
(a)
Street or sidewalk pavement less than two years old: Three times
roadway degradation base fee.
(b)
Street or sidewalk pavement from two to five years old: Two
times roadway degradation base fee.
(c)
Street or sidewalk pavement from five to seven years old: Roadway
degradation base fee as established.
(3)
Work conducted within the public way that is performed by City departments
or those contracted by the City are exempt from fees.
(4)
Emergency repairs or replacement of existing sewer laterals for single-family
and two-family dwellings are exempt from Roadway Degradation Fees
but shall be subject to the Excavation Permit Fee and any bonding
requirements.
C.
The excavator shall not make or cause to be made any excavation in
the public way other than that described in the application and plans
or authorized by the permit. The excavator shall comply with the provisions
of this article as well as all requirements of local, state and federal
law.
D.
New permits shall not be issued after November 1 each year unless
the applicant can prove to the satisfaction of the Public Works Director
or his/her designee that satisfactory repairs can be made prior to
the onset of winter.[1]
[1]
Editor's Note: The City of Lebanon Excavation Permit Conditions
and Construction Requirements is located on the City's website and
on file in the office of the Public Works Director.
The Public Works Director or his/her designee may require as
a condition to issuing a permit that the person making application
shall post a bond or other security satisfactory to the City Manager
in an amount sufficient to provide for the satisfactory restoration
of the highway, as determined by the Public Works Director or his/her
designee. Such bond or security shall be held by the City of Lebanon
for a period of two years following completion of the project to compensate
the city for repair, refilling or regrading that may be required as
a result of the excavation to restore the surface to its prior condition.
A.
It shall be a condition of the permit that any person who excavates
or disturbs any public way shall restore the public way to substantially
the same condition, or better, than it was prior to such excavation
or disturbance. It shall further be a condition of the permit that
if during the next three years after the completion of the restoration
any depressions occur or the highway shall be unreasonably washed
as a result of the excavation and/or disturbance covered by the permit,
then such person who obtained the permit shall compensate the city
for refilling or grading the area subject to excavation or disturbance.
B.
After the excavator has restored the excavation and placed temporary
hot bituminous pavement patch, a minimum thirty-day settlement period
will be required before permanently restoring the excavation work
area.
C.
The following permanent patching schedule will be observed:
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Work done between:
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To be permanently patched by:
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|---|---|
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April 15 to May 31
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July 1
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June 1 to June 30
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August 1
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July 1 to July 31
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September 1
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August 1 to August 31
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October 1
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September 1 to October 31
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November 1
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November 1 to March 31
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May 1
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A.
Upon notice from the Public Works Director or his/her designee, the
excavator shall repair any portion of the public way damaged as a
result of the excavator's work, including deterioration to the road
surface. Repairs shall be made within 24 hours of notice of all damages
which, in the opinion of the Public Works Director or his/her designee,
constitute a public hazard. All other damages shall be repaired within
a seventy-two-hour period after the completion of the work or within
72 hours of receiving notice from the Public Works Director or his/her
designee, whichever is later.
B.
In the event that repairs are not made within the time limits set
forth above, the Public Works Director or his/her designee is authorized
to make the necessary repairs and charge the excavator all costs,
plus 20% overhead.
A.
In an effort to protect the City's investment in its infrastructure,
excavations in newly constructed, reconstructed, rehabilitated, or
overlaid pavements within a public way or on City property, are prohibited
for seven years after the effective date of notice of completion or
acceptance of the new, reconstructed, rehabilitate, or overlaid improvements
except as follows:
(1)
Excavations to remedy a public emergency or a situation that creates
an imminent threat to public safety, health, or welfare.
(2)
Repair or modification to prevent interruption of essential utility
services where no reasonable alternatives are available to avoid excavation
in new pavements.
(3)
Relocation work that is mandated by state or federal legislation.
(4)
Utility services for new buildings or parcels without existing utility
services where no other reasonable means of providing service exists,
as determined by the Public Works Director/designee.
(5)
Excavations within protected streets or sidewalks where the City
has scheduled the reconstruction within one year due to the failure
of the original pavement.
(6)
Other situations deemed by the City Manager to be in the best interest
of the general public.
All work shall be completed within the time limit set forth
in the permit. This time limit may be extended by the Public Works
Director for a reasonable period of time for good cause. In the event
that all work is not completed within the stated time limit, the Public
Works Director is authorized to complete the work and charge the excavator
all costs, plus 20% overhead.
A.
Requirements for protective measures and traffic control shall be
as specified in the City of Lebanon Excavation Permit Conditions and
Construction Requirements and the Manual of Uniform Traffic Control
Devices (MUTCD).
B.
Prior to the commencement of any street improvement or alteration
which would interfere with the normal and regular flow of traffic
within the City of Lebanon, the primary contractor responsible for
the work being performed shall be required to provide adequate traffic
control. A traffic control plan must be approved by the Public Works
Director or his/her designee as part of the issuance of the excavation
permit.
C.
The contractor shall not interfere with any existing utility without
the written consent of the Public Works Director and the owner of
the utility. All costs relating to the relocation and protection of
utilities shall be paid by the contractor.
D.
If the contractor does not comply with the approved traffic control
plan, a notice of violation may be issued to prevent any further work
as it relates to the interference of vehicular and/or pedestrian traffic.
E.
Exception. This section does not apply to the Lebanon Public Works
Department, the New Hampshire Department of Transportation, or their
employees while so employed. This exception does not apply to subcontractors
of either agency. If there is any question as to the application of
this exception, the Chief of Police, in conjunction with the Public
Works Director, will make the final determination.
In the event the excavator violates any condition or requirement
of the permit, the Public Works Director or his/her designee may suspend
the permit and issue a cease-and-desist order to prevent any further
work done on the excavation. The excavator shall comply with any requirements
of the Public Works Director or his/her designee contained in the
cease-and-desist order for the purpose of protecting the traveler
or pedestrian. In the event the excavator does not so comply, then
the city shall be entitled to recover from the excavator all costs
and expenses incurred for such protective measures.
The excavator shall hold the City harmless from any and all
claims, demands, liabilities and damages which the City may sustain
or which may be made upon the City by reason of the excavation, and
the excavator shall obtain general liability insurance in the amount
of $1,000,000/$2,000,000 aggregate and shall provide the City with
a certificate of insurance outlining the above coverages and naming
specifically the City as an additional named insured as its interest
may appear.
A.
The penalty for the violation of this article shall be a fine not
to exceed $1,000 as provided in RSA 47:17.
B.
Persons who operate without a permit or violate the provisions of
any permit required by this section shall be assessed penalties as
outlined below. In addition, the excavation permit may be revoked
by the Public Works Director or his/her designee for noncompliance
with any of the required provisions.
(1)
A fine not to exceed $100 for the first violation; and
(2)
A fine not to exceed $500 for a second violation within one
year from the date of the first violation, and will not be granted
an excavation permit for one year; and
(3)
A fine not to exceed $1,000 for a third violation and each additional
violation within one year from the date of the first violation and
will not be granted an excavation permit for five years.
