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Town of Millsboro, DE
Sussex County
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Table of Contents
Table of Contents
Code
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[Adopted 6-7-1993 by Ord. No. 63]
As used in this article, the following terms have the meanings indicated:
APPLICANT
Any person making written application to the Town Clerk for a street excavation permit hereunder.
EXCAVATION
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.
PERSON
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.
STREET
Any street, highway, sidewalk, alley, avenue or other public way or other land, park, grounds, property or easement owned by the Town.[1]
TOWN MANAGER
The Town Manager of the Town of Millsboro or his authorized designee.
[Added 9-3-2019]
[1]
Editor's Note: The former definition of "Town Clerk," which immediately followed this definition, was repealed 9-3-2019.
[Amended 9-3-2019]
No person shall make any excavation in any street for any purpose without first obtaining a permit therefor from the Town Manager as hereinafter provided.
A. 
An application, in writing, shall be filed in duplicate with the Town Manager upon application blanks which he shall prescribe, which application shall state the nature, location extent and purpose of the proposed excavation.
[Amended 9-3-2019]
B. 
Applications by applicants shall 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 Town Manager, and in such form as shall be approved by the Town Solicitor or, in lieu thereof, by a cash deposit, the amount of which shall be determined by the Town Manager and which sum is to be deposited with the town 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 Town Manager will assess the damage and use the moneys deposited to repair or replace the street. In the alternative, the Town Manager may contract with the applicant 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.
[Amended 9-3-2019]
C. 
In the event that the town must take action against a bond or letter of credit to obtain reimbursement, the town 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 Town of Millsboro.
The permit fee as set forth from time to time by the Town Council shall accompany each application submitted in accordance with this article. The Town Council, by resolution, shall 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 Town Manager a general liability policy or certificate of insurance issued by an insurance company authorized to issue such policy in Delaware, naming the Town of Millsboro 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 town (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. Said policy shall be in form and content satisfactory to the Town Solicitor and shall provide that the policy shall not be changed or canceled until the expiration of 60 days after written notice to the town and that it shall be automatically renewed upon expiration and continued in force unless the town is given 60 days' written notice to the contrary. Said policy shall insure the Town of Millsboro 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.
[Amended 9-3-2019]
B. 
The applicant shall indemnify, hold harmless and defend the town, 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 town, 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 town, 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 Town Manager with respect to such barriers, lights, flares and protective measures.
[Amended 9-3-2019]
B. 
Traffic control; 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 periods when only one-way traffic is maintained or when equipment is operated back and forth across the pavement area.
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 Town Manager.
[Amended 9-3-2019]
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 Town 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.
[Amended 9-3-2019]
(4) 
If the boring method or the driving of crossover pipes is determined by the Town Manager to be impracticable, the Town 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 Town Manager and may be granted by the Town 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.
[Amended 9-3-2019]
(5) 
All trees, structures and property of the town and other 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 Town Manager and shall be placed and compacted as specified by the Town Manager in six-inch lifts with either vibratory soil compactors or by other methods suitable to the town.
[Amended 9-3-2019]
F. 
Final pavement replacing.
[Amended 9-3-2019]
(1) 
Cement concrete. Minimum size replacements in cement concrete or asphalt on cement concrete base shall be 10 feet by 10 feet by six inches deep with wire reinforcement, or as directed by the Town Manager. Replacements of concrete shall overlap the trench five feet from the center line of the trench. In all cases, if the ten-foot-by-ten-foot replacement is within five feet of a joint, the replacement must be extended to the joint. Concrete openings shall be saw cuts, and the mix shall be high early, 4,000 pounds per square inch test concrete on well-compacted fill, or as directed by the Town 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. Trenches will be compacted to a minimum of 95% and to within four inches of the road surface. The existing surface shall then be cut back or milled a minimum of 10 feet each direction from the center line of the trench for water and sewer mains and 15 feet each direction for sewer work involving placement of a manhole. At the discretion of the Town 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 layer and a one-inch layer as directed by the Town 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 relayed.
(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 times as may be authorized by the Town Manager at his discretion upon application.
G. 
Notification. The applicant will be responsible to notify the Town Manager not less than 24 hours prior to street opening and closing.
[Amended 9-3-2019]
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 Town Manager.
[Amended 9-3-2019]
[Amended 9-3-2019]
The applicant shall notify the Town Manager when work has been completed, after which an inspection will be made by the Town Manager, 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 town, Sussex County, the State of Delaware and its administrative agencies and the United States government and its administrative agencies.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than $25 nor more than $200 or imprisoned for not more than 30 days, or both, and shall pay the costs of prosecution. For the purposes of this article, each day that a violation continues shall be deemed to be a separate offense.