[Added 9-8-1989 by Ord. No. 989-1[1] ]
[1]
Editor's Note: This ordinance also repealed
former Art. 3, Street Excavations.
As used in this article, the following terms
have the meanings indicated:
Any person making written application to the City Manager
for a street excavation permit hereunder.
The City of Rehoboth Beach employed and/or assigned City
Manager.
Any cavity, hole or hollow formed by digging, cutting, scooping,
breaking, bulleting, vibrating, tunneling or undermining or any other
method of removal or disturbance of earthen or road material in, under
or adjacent to any street, as defined herein.
Any person, firm, partnership, association, corporation,
company or organization of any kind, including but not limited to
public utilities, transportation corporations, privately and publicly
owned water companies, community antenna television companies and
municipal districts.
Any street, highway, sidewalk, alley, avenue or other public
way or other land, park, grounds, property or easement owned by the
City.
No person shall make any excavation in any street
for any purpose without first obtaining a permit therefor from the
City Manager as hereinafter provided.
A.
An application in writing shall be filed in duplicate
with the City Manager upon application blanks which he shall prescribe,
which application shall state the nature, location, extent and purpose
of the proposed excavation.
B.
Applications by applicants must be accompanied by
a performance bond, letter of credit or certified check in the sum
of $2,000 or in any greater or lesser amount as determined by the
City Manager and in such form as shall be approved by the City Solicitor
or, in lieu thereof, by a cash deposit, the amount of which shall
be determined by the City Manager and which sum is to be deposited
with the City Commissioners to assure that, after completing the excavation,
said applicant restores the street to the same condition as it was
in prior to the excavation. In the event that the applicant fails
to repair, replace or restore the street in the time provided in the
permit and the applicant has deposited cash in lieu of a bond, the
City Manager will assess the damage and use the moneys deposited to
repair or replace the street. In the alternative, the City Manager
may contract with the applicant for the City to complete, repair,
replace or restore the street for a mutually agreed upon sum. Upon
the completion of said excavation, including restoration, where the
applicant has deposited cash in lieu of a performance bond or letter
of credit, the balance of the deposit, if any, will be returned to
the applicant.
C.
In the event that the City must take action against
a bond or letter of credit to obtain reimbursement, the City shall
be entitled to its costs and legal fees.
D.
Upon compliance with the foregoing requirements, upon
compliance with the requirements of insurance and indemnification
and upon payment of the permit fee, a permit shall be issued in the
name of the City of Rehoboth Beach.
The permit fee of $25 shall accompany each application
submitted in accordance with this article. The City Commissioners,
by resolution, may from time to time establish and change categories
and fees to accompany the applications.
A.
Before issuance of a permit, the applicant shall file
with the City Manager a general liability policy or certificate of
insurance issued by an insurance company authorized to issue such
policy in Delaware, naming the City of Rehoboth Beach as an additional
insured, which policy or certificate evidences that the applicant
has procured comprehensive general liability insurance providing coverage
for legal liability and customarily covered expenses for bodily injury
and property damage, including but not limited to liability for bodily
injury and property damage caused by, related to or arising out of
operations performed by the applicant or by the applicant's independent
contractors or arising out of acts or omissions of the applicant in
connection with his general supervision of such operations (contractors'/owners'
protective liability insurance), occurring after operations have been
completed or abandoned (completed operations insurance) and assumed
under contract with the City (contractual liability insurance), which
policy shall be endorsed to delete from the contractual liability
coverage any exclusion for actions on a contract for third-party beneficiary
arising out of a project for a public authority and which policy shall
include coverage for all possible liability.
(1)
Said policy shall be in a form and content satisfactory
to the City Solicitor and shall provide that the policy shall not
be changed or canceled until the expiration of 60 days after written
notice to the City and that it shall be automatically renewed upon
expiration and continued in force unless the City is given 60 days'
written notice to the contrary.
(2)
Said policy shall insure the City of Rehoboth Beach
and the applicant and shall cover all operations relative to the excavation,
reconstruction and restoration therefor. Said policy shall have limits
of liability of not less than $1,000,000 for bodily injury to each
person and in the aggregate for each accident and property damage
liability of not less than $100,000 for each accident.
B.
The applicant shall indemnify, hold harmless and defend
the City, its officers and employees from any and all claims for personal
injury, including death or damage to property, resulting from, relating
to or arising out of the issuance of a permit to the applicant pursuant
to this article or any actions or activities in relation thereto,
by the applicant or others, excepting only such claims due solely
to the fault or negligence of the City, its officers and employees.
Such indemnification shall not be affected or diminished by insurance
provided by the applicant.
A.
Any person making an excavation covered by this article
shall erect suitable barriers or guards for the protection of persons
using the streets and, in addition thereto, shall set up and maintain
during the hours of darkness sufficient lights or flares or retroreflective
barricades to properly illuminate or delineate the work area and shall
also take all necessary precautions for the protection of property
of the City, public service companies, municipal districts, adjoining
property owners and others which might be endangered by such excavations
or the work incident thereto and shall comply with all directions
given by the City Manager with respect to such barriers, lights, flares
and protective measures.
B.
Traffic control.
(1)
Maintenance and protection of traffic. Traffic is
to be maintained at all times during the excavation work. Adequate
signs, barricades and lights, necessary to protect the public, shall
be provided in accordance with the provisions of the State of Delaware
Manual of Uniform Traffic Control Devices. Flagmen to direct traffic
shall be employed continuously during a period when only one-way traffic
is maintained or when equipment is operated back and forth across
the pavement area.
(2)
No construction materials or equipment shall be left
on the pavement after working hours, nor shall any construction equipment
or materials be placed in any manner or location that will obstruct
highway or railroad warning signs.
A.
Commencement of work. Work under the permit shall
be commenced within 30 days from the date of the permit and continued
in an expeditious manner unless an extension of this period is approved
by the City Manager.
B.
Construction.
(1)
When working in any street, no pavement cuts or trenches
are to be left uncovered or unfilled overnight except in emergencies,
and in such cases adequate precautions must be exercised to protect
traffic and all persons using the streets.
(2)
When working on any street, contractors must complete
final backfilling of trench the same day of beginning excavation.
(3)
All pipes, mains or conduits crossing street pavements
shall, wherever possible (as determined by the City Manager), be driven
beneath the street without disturbance to the pavement. The point
of driving shall not be less than five feet from the edge of the pavement.
Such crossover pipes, mains or conduits shall, whenever possible,
be enclosed in sleeves or larger pipes so that repairs or replacements
may be made without further disturbance of the roadway pavement.
(4)
If the boring method or the driving of crossover pipes
is determined by the City Manager to be impracticable, the City Manager
shall determine the manner of placing the pipe by the open-cut method.
Request for such determination is to be made in writing to the City
Manager and may be granted by the City Manager upon such conditions
as he deems necessary and proper under the circumstances. In no case
will a trench be opened across an entire street. At least one lane
of traffic must be open at all times.
(5)
All trees, structures and property of the City and
others shall be protected from damage.
C.
Excavation; method and type of closing. Openings in
cement concrete and/or asphalt streets shall have a minimum width
of four feet in conjunction with a minimum trenching width of two
feet.
D.
Restoration of excavation; temporary patching. Upon
completion of the final backfilling, if final pavement replacement
is not to be accomplished within 20 days from the day of opening,
the trench shall be brought to within two inches of road level and
then paved with two inches of asphaltic concrete within 10 days of
opening, which shall be placed as a temporary surface in any pavement
opening and shall be maintained to the same grade as adjacent pavement.
E.
Procedure for final backfilling. Backfill material
shall be approved by the City Manager and shall be placed and compacted
as specified by the City Manager in six-inch lifts with either vibratory
soil compactors or by other methods suitable to the City.
F.
Final pavement replacing.
(1)
Cement concrete. Minimum-size replacements in cement
concrete or asphalt on cement concrete base shall be 10 feet by four
feet or as directed by the City Manager. Replacements of concrete
shall overlap trench by a minimum of one foot on each side. In all
cases, if the ten-by-four-foot replacement is within five feet of
a joint, the replacement must extend to the joint. Concrete openings
shall be saw cuts, and the mix shall be high early, 4,000 pounds per
square inch test concrete, or as directed by the City Manager. The
patch must be closed to traffic until the concrete is cured to a strength
of at least 2,500 pounds per square inch.
(2)
Asphalt. The trench will be compacted to within four
inches of the road surface. The existing asphalt surface shall then
be cut back a minimum of one foot to a straight edge on either side
of the undisturbed subgrade. At the discretion of the City Manager,
the contact surfaces, the patched surfaces and/or adjacent pavement
edges shall be painted and sealed with approved bituminous material
before placing the course of asphalt, which shall be four inches of
surface course material placed in a three-inch and a one-inch layer
as directed by the City Manager. The asphalt shall be rolled with
a five- to six-ton roller, and surface variations in excess of 1/4
inch shall be eliminated or the pavement relaid.
(3)
If temporary patching is not accomplished, final pavement
must be completed within 10 days of opening. If temporary patching
is accomplished as specified, then final pavement replacing must be
completed within 30 days of temporary patching or within such additional
time as may be authorized by the City Manager at his discretion upon
application.
G.
Notification. The applicant will be responsible to
notify the City Manager not less than 24 hours prior to street opening
and closing.
H.
Expiration date. The permit shall expire 30 days from
the date of issue of the permit unless a different expiration date
has been specified by the City Manager.
The applicant shall notify the City Manager
when work has been completed, after which an inspection will be made
by the City Manager or his duly authorized agent, and upon approval
of the work, a release will be granted to the applicant. Until the
granting of such a release, the applicant shall remain liable for
guarding and protection as provided herein.
An application issued pursuant to this article
relates solely to the requirements of this article. Accordingly, each
applicant must also comply with the requirements of all other applicable
governmental laws, regulations and orders of the City, Sussex County,
the State of Delaware and its administrative agencies and the United
States government and its administrative agencies.
