[Adopted 12-11-1990 as Order No. 112-90]
The following words and phrases, when used in
this Article, have the meanings respectively ascribed to them:
Any opening in the surface of a public place made in any
manner whatsoever, except an opening in a lawful structure below the
surface of a public place, the top of which is flush with the adjoining
surface and so constructed as to permit frequent openings without
injury or damage to the public place.
Pipe, pipeline, tube, main, service, trap, vent, manhole,
meter, gauge, regulator, valve, conduit, wire tower, pole, pole line,
anchor, cable, junction box or any other material, structure or object
of any kind or character, whether enumerated herein or not, which
is or may be lawfully constructed, left, placed or maintained in,
upon, along, across, under or over any public place.
Any person who has been issued a license by the Town to excavate
in public places in the Town.
Any street which has been constructed, reconstructed or repaved
within the past five years.
A person who has obtained a permit as required by this article.
Any public street, way, place, sidewalk, park, square, plaza
or any other similar public property owned or controlled by the Town
and dedicated to public use, and any dedicated but unaccepted street
or way.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable
or wire or any other similar structures located below the surface
of any public place.
The Town of Standish and/or its Highway Department authority.
A private company, corporation or quasi-municipal corporation
under the direction and control of the Public Utilities Commission.
A.
No person or utility shall excavate in a public place
without holding a valid license for such work from the Town. The Highway
Department authority shall issue such license upon receipt of an application
therefor and the annual license fee, after having satisfied himself
or herself of the competency and ability of the 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-after notice and hearing, if it is determined by the
Town that the licensed excavator has willfully disobeyed any portion
of this article.
B.
The annual excavator license fee will be established
by Council order from July 1 to June 30 and will not contain prorated
provisions.
[Amended 10-14-2003 by Order No. 140-03]
This article shall not be construed as imposing
upon the Town or any official or employee any liability or responsibility
for damages to any person injured by the performance of an excavation
work for which an excavation permit is required under this article,
nor shall the Town 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. In the case of a dedicated but unaccepted street
or way, this article shall not be construed as authorizing any action
which is inconsistent with any private rights in such street or way,
nor shall the issuance of any permit hereunder be construed as an
acceptance of said street or way by the Town for highway or any other
purposes. For purposes of this section, every licensed excavator shall
maintain at all times a minimum of $400,000 public liability insurance
coverage protecting himself, his agents and the Town from all such
claims for damages or injuries and naming the Town as an additional
insured. Evidence of such coverage shall be a condition precedent
to the issuance of any license hereunder and shall be submitted in
a form satisfactory to the Highway Department authority.
A.
No person or utility shall make any excavation or
fill any excavation in any public place without first obtaining a
permit to do so from the Town. This includes entrances to private
driveways, which entrances are situated on public ways. A certificate
of public liability insurance is required prior to the issuance of
any excavation permit, with a minimum of $400,000 coverage, naming
the Town as an additional insured.
[Amended 10-14-2003 by Order No. 140-03]
B.
No excavation permit shall be issued unless a written
application, on a form provided by the Town for the issuance of an
excavation permit, is submitted to the Town. The written application
shall state the name and address of the applicant, the name of the
public place to be excavated and street number, the beginning date
of proposed work, the type of work to be done, signatures of utility
approval, the signature of Town departments, if involved, and a diagram
of the planned excavation on the back of the form.
C.
Utilities, although having to submit an application
for a permit to the Town, may contact other utilities involved by
phone, and the authorized person doing so shall sign the application
in the appropriate place. All applications shall be presented to the
Town for the issuance of an excavation permit within 30 days from
the date of the last utility approval. After the expiration of this
thirty-day period, such an application shall become null and void
and shall have to be renewed.
D.
A fee, to be established annually by Council order,
shall be paid for each issuance and for each renewal of an excavation
permit.
E.
Excavation work must be started no later than 30 days
from the date of the issue of the excavation permit. After the expiration
of this thirty-day period, such an application shall become null and
void and shall have to be renewed.
The permittee shall not interfere with any existing
facility without the written consent of the Town and the owner of
the facility. If it becomes necessary to relocate an existing facility,
this shall be done by the owner. No facility owned by the Town shall
be moved to accommodate the permittee unless the cost of such work
is borne by the permittee. The cost of moving privately owned facilities
shall be similarly borne by the permittee unless it makes other arrangements
with the person owning the facility. The permittee shall support and
protect by timbers or otherwise all poles, wires 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 the work. The permittee shall secure approval of the method
of support and protection from the owner of the facility. In case
any pipes, conduits, poles, wires or apparatus shall be damaged, and
for this purpose pipe coating or other encasements or devices are
to be considered as part of a substructure, the permittee shall promptly
notify the owner thereof. All damaged facilities shall be repaired
by the agency or person owning them, and the expense of such repairs
shall be charged to the permittee. It is the intent of this section
that the permittee shall assume all liability for damage to facilities
and any resulting damage or injury to anyone because of such facility
damage, and such assumption of liability is a contractual obligation
of the permittee. The only exception will be such instances where
damage is exclusively due to the negligence of the owning utility.
The Town shall not be made a party to any action because of this section.
The permittee shall inform itself as to the existence and location
of all underground facilities and protect the same against damage.
The permittee shall not remove, even temporarily,
any trees or shrubs which exist in the street area without first obtaining
the consent of the appropriate Town department or Town official having
control of such property.
A.
When 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 Town shall have the full
power to order, at the time the permit is granted, that a crew and
adequate facilities be employed by the permittee beyond normal working
hours, including up to 24 hours a day, to the end that such excavation
work may be completed as soon as possible.
B.
Nothing in this Article shall be construed to prevent
the making of such excavations as may be necessary for the preservation
of life or property or for the location of trouble in a conduit or
pipe or for making repairs, provided that the person making such excavation
shall apply to the Town for such a permit on the first working day
after such work commenced. Before any excavation work is started,
the person or utility excavating must contact all utilities for on-the-spot
locations.
Each permittee shall conduct and carry out excavation
work in such a 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 between the hours of 10:00 p.m. and 7:00 a.m. shall not
use, except with the express written permission of the Town or in
case of an emergency as herein otherwise provided, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
of occupants of the neighboring property.
Any monument 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 bench mark within
the Town shall not be removed or disturbed or caused to be removed
or disturbed without first obtaining permission, in writing, from
the Town to do so. Permission to remove or disturb such monuments,
reference points or bench marks shall be granted only when no alternate
route for the proposed substructure or conduit is available. If the
Town is satisfied that no alternate route is available, permission
shall be granted only upon condition, by an agreement in writing,
that the person or utility applying for such permission shall pay
all expenses incident to the proper replacement of this monument by
the Town or permittee.
No person or utility shall remove, damage, haul
away or cause misalignment of any bituminous curb or granite curbing,
including radius curb and catch basin stones, for any reason whatsoever
without first receiving written permission from the Town. Any curb
missing, damaged or misaligned shall be replaced or aligned by the
Town at the rate set forth herein and will be charged to the permittee;
provided, however, that the Town, at its option, may allow the permittee
to replace or realign that portion of the curb damaged by the permittee's
excavation. In such event, replacement or realignment shall be done
in a manner and under specifications prescribed by the Town and subject
to inspection by the Town and shall be completed within a period of
90 days after such authorization to complete such work. The permittee
shall, for a period of three years thereafter, be fully liable for
all defects in materials and workmanship relating to such work and
shall promptly repair or replace the same upon notice of the Highway
Department authority and to the satisfaction thereof.
Every person or utility owning, using, controlling
or having an interest substructures under the surface of the public
way used for the purpose of supplying or conveying gas, electricity,
communication, impulse, water, steam, ammonia or oil in the Town shall
file with the Town a map or set of maps, each drawn to a scale of
not less than one inch to 50 feet, showing in detail the plan, location,
size and kind of installation, if known, of all new or renewed substructures,
except service lines designed to serve single properties. These maps
shall be provided to the Town no later than 60 days after the completion
date of construction.
Each year on or before March 31, each utility
shall submit to the Highway Department authority its planned work
program for the ensuing year, which shall not include emergencies
and 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 house service lines, until prior
written application for such excavation shall have been submitted
to and approved by the Highway Department authority.
A.
Clearance for vital structures. The excavation work
shall be performed and conducted so as not to interfere with access
to fire hydrants, fire stations, fire escapes, water gates, underground
vaults, valve housing structures, traffic signal cables and loops
and all other vital equipment as designated by the Town.
B.
Protective measures and routing of traffic.
(1)
Safe crossing. The permittee shall in general maintain
safe crossings for the two lanes of vehicle traffic at all street
intersections where possible and safe crossings for pedestrians. If
any excavation is made across any public street or sidewalk, adequate
crossing shall be maintained for vehicles and for pedestrians. If
the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, a passageway at least 1/2 of
the sidewalk width shall be maintained along such sidewalk line.
(2)
Barriers and warning devices. It shall be the duty
of every permittee cutting or making an excavation in or upon any
public place to place and maintain barriers and warning devices necessary
for safety of the general public. Traffic control in the vicinity
of all excavations affecting vehicular, pedestrian and bicycle traffic
shall be subject to final review and approval of the Highway Department.
Barriers, warning signs, lights, etc., shall conform to the latest
edition of the Manual on Uniform Traffic Control Devices. 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. Reflectors
or reflecting material may be used to supplement, but not to replace,
light sources.
(3)
Normalizations of traffic conditions. 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 so as to minimize inconvenience to
the occupants of the adjoining property and to the general public.
(4)
Closing of streets. When traffic conditions permit,
the Highway Department, with the approval of the Police and Fire Departments
of the Town, may by written approval, or by verbal approval in case
of an emergency, permit the closing of streets to all traffic for
a period of time prescribed by him or her, if in his or her opinion
it is necessary. The written approval of the Highway Department may
require that the permittee 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 an emergency on
week nights, weekends or holidays, the utility company having such
emergency shall contact the Police and Fire Departments by phone before
closing a street to traffic.
(5)
Interference with arterial streets. 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. The full inbound roadway lane width
shall be maintained between the hours of 6:45 a.m. and 8:30 a.m.,
and the full outbound roadway lane width shall be maintained between
the hours of 4:00 p.m. and 5:45 p.m.
(6)
Shifting traffic to opposite side. The permittee may
shift traffic to the opposite side of the roadway to maintain required
lane widths. The permittee may only make such shift with the approval
of the Highway Department following proper review of detour plans
to ensure adequate safe two-way traffic flow and proper number and
placement of police officers.
C.
Breaking through pavement in streets and sidewalks.
(1)
All excavations on paved street and sidewalk surfaces
shall be precut in a neat straight line with pavement breakers, saws
or asphalt cutters.
(2)
Heavy-duty pavement breakers may be prohibited by
the Town when the use endangers existing substructures or other property.
(3)
Cutouts of the trench lines must be normal or parallel
to the trench line.
(4)
Pavement edges shall be trimmed to a vertical face
and neatly aligned with the center line of the trench.
(5)
Unstable pavement shall be removed over cave-outs
and overbreaks, and the subgrade shall be treated as the main trench.
(6)
The permittee shall not be required to pay for the
repair of pavement damage existing prior to the excavation unless
his or her 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.
(7)
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 shall patch as one trench.
(8)
On concrete sidewalks, all cuts shall be made from
the nearest joint or score line on one side of the excavation to the
nearest joint or score line on the other side of the excavation.
D.
Care of excavated material.
(1)
All material excavated from trenches and piled adjacent
to the trench or in any street shall be piled and maintained in such
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, the Town 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.
(2)
It shall be the permittee's responsibility to secure
the necessary permission and make all necessary arrangements for all
required storage and disposal sites.
(3)
All material excavated shall be laid compactly along
the side of the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Town. Whenever necessary in order to expedite the
flow of traffic or to abate the dirt or dust nuisance, boards or bins
may be required by the Town to prevent the spreading of the dirt into
traffic lanes.
E.
Backfilling of excavation. Crushed stone or sand shall
be used to bed and backfill all underground utilities and shall be
thoroughly compacted under and around and to a minimum of six inches
above the structure. After being properly bedded, the backfill material
for all other substructures shall be of a fine material, free from
lumps and frozen materials and with no stones larger than four inches
in diameter. All backfill materials shall be placed in eight- to ten-inch
lifts and thoroughly compacted with approved mechanical compactors.
Within 18 inches of the subgrade of the pavement, gravel shall be
used as backfill material, consisting of 15 inches of backrun and
three inches of crushed or screened gravel in accordance with the
Town's specifications. The Town may require soil tests to be furnished
by a recognized soil testing laboratory or registered professional
engineer specializing in soil mechanics when, in its opinion, backfill
for any excavation is not being adequately compacted. In order for
the resurfacing to be permitted, such tests must show that the backfill
material meets the minimum requirements as prescribed by the Town.
All expense of such tests shall be borne by the permittee.
F.
Trenches. The maximum length of an open trench in
an excavation permissible at any time shall be 200 feet, and no greater
length shall be opened for pavement removal, excavation, construction,
backfilling, patching or any other operation without the written permission
of the Town.
G.
Prompt completion of work. After an excavation is
commenced, the permittee shall prosecute with diligence and expedite
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street as specified in this Article.
The permittee shall perform such restoration work so as not to obstruct,
impede or create a safety hazard to public travel by foot or vehicle.
H.
Excavations during winter. No person or utility shall
be granted a permit to excavate or open any street or sidewalk from
the time of November 1 of each year to April 15 of the following year,
unless an emergency or special condition exists and permission is
obtained, in writing, from the Town. Any person or utility wishing
to obtain a street opening permit between these aforementioned dates
shall first explain fully, in writing, the emergency situation existing
to the Town before issuance is granted. If a hazardous condition which
could endanger life or property exists, excavation shall not be delayed
by this subsection; however, a written explanation shall be delivered
to the Town as soon as possible, and a street opening permit obtained
for the opening made.
I.
Manholes and/or catch basins. No person or utility
shall remove, damage, haul away or otherwise disturb any manhole and/or
catch basin castings, frames and/or covers owned by the Town without
first receiving written permission from the Town. Any manhole and/or
catch basin castings, frames and/or covers missing, damaged or disturbed
shall be repaired and/or replaced by the permittee in accordance with
the specifications set forth by the Highway Department.
J.
Excavation in reconstructed streets. Whenever the
Town has developed plans to reconstruct a street, the Town or its
representative shall give written notice thereof to all abutting property
owners, to the Town departments and to public utilities which have
or may wish to lay pipes, wires or other facilities in or under the
highway. Upon receipt of such written notice, such person or utility
shall have 60 days in which to install or lay any such facility. If
an extension of time is needed by a person or utility for the installation
of such facilities, the person or utility shall make a written application
to the Town explaining fully the reason for requesting such an extension
of time. At the expiration of the time fixed and after such street
has been reconstructed, no permit shall be granted to open such street
for a period of five years unless an emergency condition exists or
unless the necessity for making such installation could not reasonably
have been foreseen at the time such notice was given, in the judgment
of the Town Council. The above mentioned five-year moratorium for
street openings also pertains to all new public or private streets,
i.e., new subdivisions or developments that have been accepted in
accordance with Town specifications.
[Amended 4-8-1997 by Order No. 18-97]
K.
Incurred expenses through repairing and backfilling
by Town.
(1)
If the work or any part thereof mentioned in this
Article for repairing or backfilling the trenches or excavations shall
be unskillfully or improperly done, the Town shall cause the same
to be skillfully and properly done and shall keep an account of the
expenses thereof, and in such case such person or utility shall pay
the Town an amount equal to the whole of the expense incurred by the
Town, with an additional amount of 50%. Thereafter, upon completion
of the work and the determination of the costs thereof, the Town shall
issue no further or new permits to any person or utility until it
shall receive payment of the cost.
(2)
Any person or utility that continues to violate any
section of this Article shall receive no further permits until such
time as the Town is satisfied that the person or utility shall comply
with the terms of this Article.
L.
Resurfacing of streets and sidewalks.
(1)
Temporary resurfacing by the permittee. The top surface
of backfill shall be covered with four inches compacted depth of bituminous
temporary resurfacing material, by the permittee. Such temporary paving
material shall be cold mix, except that the permittee may use or the
Town may require hot mix. All temporary paving material shall be compacted
so that it is hard enough and smooth enough to be safe for pedestrian
travel over it, as well for vehicular traffic to pass safely over
it at a legal rate of speed. The permittee shall maintain the temporary
paving and shall keep the same safe for pedestrian and vehicular traffic
until the excavation has been resurfaced with permanent paving by
the permittee, except that if it is not possible to maintain the surface
of the temporary paving in a safe condition for pedestrian and vehicular
traffic, then the permittee shall maintain barriers and lights when
required herein.
(2)
Permanent resurfacing by the permittee. Upon completion
of the backfilling and temporary resurfacing of an excavation within
a public place for the installation or removal of a substructure,
the permittee will permanently resurface that portion of the street
surface damaged by the permittee's excavation. In such event, permanent
resurfacing shall be done in a manner and under specifications prescribed
by the Town and subject to inspection by the Town and shall be completed
within a period of 90 days after such authorization to complete final
resurfacing. If such permanent resurfacing is satisfactory to the
Town, all charges for resurfacing, except for permit fees, long term
maintenance reserves and Town inspection charges, as herein set forth,
will be canceled. The permittee shall, for a period of three years
thereafter, be fully liable for all defects in materials and workmanship
relating to such resurfacing and shall promptly repair or replace
the same upon notice of the Highway Department authority and to the
satisfaction thereof.
M.
Inspections. The Town shall make such inspections
as are reasonably necessary in the enforcement of this Article. The
Town 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.
A.
Fee. A fee, to be established annually by Council
order, shall be paid for each issuance and for each renewal of an
excavation permit.
B.
Conditions. The contractor shall post a letter of
credit for the actual amount of the street opening times the appropriate
unit rate established or as approved by the Highway Department. The
letter of credit shall be for a period of one year or as otherwise
approved by the Highway Department and shall be retained by the Town
for the period of time. Upon notification from the Highway Department
authority that the repairs have been accepted, the Town shall release
the letter of credit to the contractor. Street repair work must be
done in accordance with the Town's specifications and is subject to
inspection by a Town representative.
C.
The Town shall provide an on-the-job inspector to
supervise all excavation and backfilling of temporary or permanent
repairs. The permittee shall be charged at the appropriate hourly
rate of the inspector, plus 35% overhead, for the services of such
inspector.
D.
In streets where the Town has installed a new sanitary
sewer or storm drain and the pavement on such streets is in need of
major repair, the Town may waive up to 50% of the total street opening
repair costs to utilities and individuals having work to do on such
streets.[1]
[1]
Editor's Note: A street excavation permit
form, which immediately followed this section, is on file in the office
of the Town Clerk.
