[Adopted 3-9-1987 by Ord. No. 1-1987; amended in its entirety 9-11-2006 by Ord. No. 3-2006; 2-8-2015 by Ord. No. 1-2015 (Ch. 11, Art. III, of the 1976 Code)]
Any person, firm, contractor or utility must obtain a street opening permit prior to excavation of any Town street and/or way by filling out the most current street opening application provided by the Public Works Director or his/her designee.
After the application for the permit is completed, the contractor will review the area to be excavated with the Public Works Director or his/her designee.
A. 
Before the permit is issued, by the Public Works Director, a nonrefundable permit fee of $75, and the impact fee must be paid in full. The impact fee is based on the type and amount of surface to be opened or excavated under the permit on a per square yard basis. Said rate to be set by the Public Works Director with the approval of the Town Manager and shall reflect current materials, labor, and equipment costs. The impact fee will be held in escrow and refunded to the applicant upon satisfactory repair of the roadway, minus 10% calculated from the final disturbed area.
B. 
After the excavation has been made and backfilled, the actual square yardage of disturbed area, including any areas adjacent to the installation disturbed by blasting or other similar cause, will be measured by a representative of the Public Works Department. If the final impact fee based upon actual measurements differs from the estimated impact fee, an adjustment will be made either in the form of a refund or bill showing the additional amount due.
C. 
For Public Utilities and Governmental Institutions, where the calculated impact fee is less than $2,500, only 10% of this cost needs to be paid, plus the nonrefundable permit fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Public Works Director or his/her designee may execute and issue a street opening permit for the Town of Winslow. No owner or his/her contractor may commence street excavation without a copy of the permit. The owner of the connecting facility, as well as his/her contractor, jointly and/or severally shall be the responsible party.
B. 
Permits for any portion of a road, the construction of which was completed within the time frames detailed below prior to the date of the permit, may be subject to additional fees before the permit is granted; except in the case of an emergency. No work shall be done by the utility of any such section of road until the permit has been approved by the Public Works Director or his/her designee:
(1) 
Any overlay more than 5/8 inch "maintenance paving"; three years.
(2) 
Any construction work of higher order than an overlay, such as: "reclaiming," "foamed asphalt," and full depth base replacement; five years.
C. 
If the applicant can show that the need for a permit could not have been reasonably anticipated before the road was paved, and has made an effort to investigate alternate installation procedures, an "emergency" permit may be issued. For any permit issued within the time frame mentioned above, the Town of Winslow may make sufficient charge, over and above the normal opening charge, to offset the cost of additional inspection and/or paving adjacent to the opening.
D. 
No permit, except in the case of an emergency, shall be granted between October 31 and March 31. When an opening is deemed to be an emergency, the permit holder will be required to provide temporary paving and to maintain the trench until the frost is out of the ground.
The following requirements will be adhered to unless exceptions or additions are noted on the permit:
A. 
Contractor will provide proper traffic and safety control at all times.
B. 
One-way traffic will be maintained.
C. 
Pavement will be excavated along neat lines.
D. 
Sewer pipe will be placed on a bed of not less than six inches of sand-type granular material having no stones greater than one inch in diameter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
No backfilling will be conducted without authorization of the Public Works Director.
F. 
Backfill material shall be same granular material as the bed for a distance of one foot over sewer pipe.
G. 
The remainder of backfill shall be of granular material having stones no larger than four inches in diameter.
H. 
Backfilling will be by layer method, compacted in eight-inch layers by vibrator method, or as approved by the Public Works Director, up to the finish grade.
I. 
Pavement will not be placed without authorization of the Public Works Director and shall not be less than the thickness of existing pavement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J. 
Any pavement damage by contractor will be replaced as so directed by the Public Works Director.
K. 
The installation of new utilities or the relocation of existing utilities must adhere to the minimum horizontal separation standards below:
Utilities
Minimum Separation
(feet)
Recommended Separation
(feet)
Water and sewer
10
10
Water and storm drains
6
10
Water and natural gas
6
10
Water and electric
6
6
Water and telephone/cable
6
6
Sewer and storm drains
6
10
Sewer and natural gas
6
6
Sewer and electric
6
6
Sewer and telephone/cable
6
6
Storm drains and natural gas
4
6
Storm drains and electric
4
6
Storm drains and telephone/cable
4
6
Electric and natural gas
4
4
Electric and telephone/cable
4
4
Telephone/cable and natural gas
4
4
Separation distances are from outside dimension to outside. The minimum vertical separation is one foot. The crossing of utilities should be as close to 90° as possible. Separation distances include the utility pole separation.
[Amended 12-12-2016 by Ord. No. 12-2016]
A. 
Upon acceptance by the Public Works Director, 90% of the impact fee calculated from the final disturbed area shall be refunded, minus any funds as directed by the Public Works Director for additional or future repair to that excavated portion of the Town street, way, or property in order to return such portion to its original condition prior to such excavation.
B. 
If satisfactory repairs are not done in a timely fashion and upon reasonable notice to the permit holder to do the same, the Town will accomplish the final restoration and will deduct the cost from any fees to be refunded to the permit holder.
C. 
It shall be the duty of the permit holder to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for 12 months after restoring it to its original condition.
Any emergency deemed such by the Public Works Director or his designee in his absence, shall not need an opening permit prior to work, and the Public Works Director or such designee shall be notified as soon as possible, and contractor/owner will secure an after-the-fact permit pursuant to the requirements of this article.
Any contractor or owner found in violation of this article shall be subject to a fine of not more than $2,000, exclusive of the Town's costs and attorney's fees which shall be recoverable to the Town. The Town of Winslow may in addition to any civil penalties, costs and attorney's fees, be paid all its resulting and compensatory damages, costs and expenses related to any violation of this article.