[HISTORY: Adopted by the Town of Bethel as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1971]
[Amended 6-11-2003]
No person shall place snow and ice on any portion of a public traveled road or sidewalk within the Town of Bethel, in such a manner as to obstruct the normal flow of traffic either by foot or vehicle, with the intent to leave said snow or ice thereon.
[Amended 6-12-2024 ATM by Art. 12]
Whoever violates this article shall forfeit not less than $25 for each offense, the same to be recovered on complaint before any court, and the same shall at once be paid to the Treasurer of the Town of Bethel for the use of said Town.
[Adopted 3-20-1984]
[Amended 6-13-2007]
This article shall be known and may be cited as the "Town of Bethel, Maine, Street Excavation and Driveway Ordinance."
[Amended 6-13-2007]
This article is designed to permit necessary digging and excavation in Bethel streets, and establishes an application and procedure providing for measures to protect underground facilities and restore the surface of the street to a durable, as-new condition. Additionally, this article specifies the design of private driveways located on local public roads.
[Amended 6-11-2003; 6-13-2007]
It is necessary from time to time for owners, corporations, persons, firms or the Water District to excavate Bethel streets to install or repair underground facilities and construct driveways. Such excavations and driveways shall be built to the standards necessary to eliminate the later development of unsafe and offensive bumps or sags in the road surface and drainage facilities, protecting the value and safety of the road network. This article establishes excavation and driveway permit procedures and is in conjunction with Chapter 125, Road Design and Construction, Article I.
The following words and phrases when used in this article will, for the purpose of this article, have the meanings respectively ascribed to them in this section. Whenever any words and phrases used in this article are not defined herein but are defined in the laws of Maine regarding excavations under public streets, then such definition shall be deemed to apply to such words and phrases used herein.
BUSINESS DAY
Any day other than Saturday, Sunday or a legal holiday.
DRIVEWAY
A way giving access from a local public road to an abutting parcel or parcels. Driveways are commonly characterized by being owned by the person, persons or entities being served.
[Added 6-13-2007]
EMERGENCY EXCAVATION
Immediate excavation necessary to prevent injury, death or loss of an existing vital service.
EXCAVATION
Any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by means of power tools, power equipment or explosives, and including grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping and cable or pipe driving, except tilling of soil and gardening or agricultural purposes.
PERSON
An individual, partnership, municipality, state, county, political subdivision, utility, joint venture or corporation, and includes the employer of an individual.
STREET
Any public road, sidewalk, highway or traveled way within the boundaries of a deeded Town right-of-way.
UNDERGROUND FACILITY
Any item of personal property buried or placed belowground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances, and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, appurtenances and those parts of poles belowground.
[Amended 6-11-2003]
A. 
Any person, firm, corporation or district desiring to make an excavation in any Bethel street or sidewalk shall first have the excavation contractor obtain a street opening permit from the Public Works Director. All such permits are issued in accordance with 23 M.R.S.A. § 3354.
B. 
The Public Works Director shall approve the construction schedule for all street or sidewalk opening permits.
[Amended 6-13-2007]
C. 
Fee. The fee for an excavation permit shall be as provided in the Town of Bethel Fee Schedule.
[Added 6-13-2007]
A. 
Any person, firm, corporation or district desiring to construct a driveway on any local public street shall first obtain a driveway permit from the Public Works Director. All such permits are issued in accordance with 23 M.R.S.A. § 3354.
B. 
The Public Works Director shall approve the construction schedule for all driveway permits.
C. 
The owner is responsible for the first pipe or culvert and the first installation, and the Town is responsible for all future maintenance.
D. 
Drainage:
(1) 
Existing roadside drainage in gutter or ditch lines shall not be altered or impeded by the applicant. The applicant must provide at his/her expense suitable and approved drainage structures at all entrances.
(2) 
Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.
(3) 
Where a drainage culvert is required to maintain roadside drainage, the Public Works Director must approve the pipe diameter/length and type of pipe material prior to installation. In most cases, the pipe size shall be at least 15 inches in diameter and 20 feet in length. No concrete culverts are allowed.
E. 
Construction:
(1) 
The owner is responsible for all construction and restoration of disturbed areas for the entrance within the limits of the right-of-way.
(2) 
The entire portion of any entrance within the limits of the right-of-way shall be constructed with gravel material acceptable to the Public Works Director.
F. 
Exemptions. A permit is not required for the following:
(1) 
Any existing driveway, entrance or approach unless its grade or location is changed.
(2) 
A driveway onto a road subject to Maine Department of Transportation Highway Driveway and Entrance Rules.
A. 
Charges. When the Town's facilities are used, the permit holder shall pay the applicable charges as provided in the Town of Bethel Fee Schedule.
[Amended 6-11-2003]
B. 
Minimum charge. There will be a minimum charge made for any street or sidewalk opening equivalent to three square yards assessed at the appropriate unit rate above.
C. 
Three or more openings in sequence. Where three or more street openings are made in sequence, adjacent openings being 15 feet or less from center to center, the responsible party will be charged for one opening measured from the first opening to the last opening.
A. 
General. For street openings exceeding 100 square yards, the responsible party may request the Town's permission to contract privately for the street or sidewalk repairs. Street and sidewalk repair work must be done to the Town's specifications as stated below and in Chapter 125, Road Design and Construction, Article I, and is subject to frequent inspection by the Road Commissioner or his designated agent.
B. 
Performance guarantee. After reviewing the scope of work applied for with the responsible party and private contractor, the Road Commissioner may require the responsible party to post either a performance bond, cashier's check, deposit into an escrow account, irrevocable letter of credit from a lending institution, joint passbook savings account or another form of performance guarantee acceptable to the Road Commissioner as computed at the appropriate unit rate cited above in § 67-9A times the estimated area of the opening.
C. 
Violations. The performance guarantee shall be conditional upon the performance of any work by the applicant for which a specific permit is issued in compliance with the requirements of this article.
(1) 
Proper performance of the work shall include the repair or replacement of any public or privately owned property damaged in the course of the work.
(2) 
The performance guarantee shall be further conditional upon the applicant's maintenance of any areas in a condition approximating as nearly as possible that which existed prior to the excavation for a period of two years (24 months) from the date upon which the refilled excavation is accepted by the Road Commissioner or his representative. Any settlement of the refilled surface of the excavation within the two-year period shall be deemed to be conclusive evidence of defective backfilling by the applicant.
(3) 
In any case in which the applicant neglects or refuses to complete any such excavation in accordance with the requirements of this article or Chapter 125, Road Design and Construction, Article I, or to correct substandard work after demand made within said two-year period, the Town of Bethel may complete the work or perform any necessary repairs and reimburse the costs of so doing from the check or bond or charge the same to the applicant.
D. 
Inspections. The permittee shall cooperate in the making of inspections for the performance of work by the Road Commissioner or his representative. The permittee shall notify the Road Commissioner so that an inspection can be made before any backfilling is done. The permittee shall also notify the Road Commissioner of the completion of work in order that the final inspection can be made to determine whether the work has been done in a manner acceptable to the Town. Prior to any such acceptance, the permittee shall have his men and equipment available to return to the excavation on short notice to make corrections in the work specified by the Road Commissioner or his representative.
The party performing the street opening work, by virtue of having acquired a permit, agrees to perform the work in accordance with the following:
A. 
The street and/or sidewalk surface shall be clean cut in a straight line prior to excavation. The cut portion of the surface of the street and/or sidewalk shall be cut back an additional 12 inches on each side beyond the sides of the actual opening necessary to perform the work.
B. 
On all streets where a permanent pavement has been built, a period of two months shall elapse after a trench has been backfilled before the permanent surface is replaced, and during this two-month period a temporary surface of premixed bituminous material shall be used. On all other streets, the trench shall be patched with premixed bituminous material as soon as the backfilling has been completed.
C. 
Excavated material will be allowed for use as backfill as long as it contains no rocks or pavement chunks larger than six inches in diameter and can be compacted to meet the requirements of Chapter 125, Road Design and Construction, Article I. Pipes carrying heated substances will be thoroughly insulated.
D. 
The last 18 inches of backfill shall be a bank-run or screened gravel having a maximum partial diameter of four inches; fine sand is unacceptable.
E. 
The backfill shall be placed in nine-inch lifts and compacted by power tampers of an approved type with a minimum energy of 250 foot-pounds per square foot of tampers. (Backfilling a trench and compacting with a backhoe or truck is not acceptable except in special instances allowed by the Road Commissioner or his designated representative.)
F. 
The contractor or individual obtaining the permit shall assume full responsibility for performing this work in accordance with the following regulations, subject to final approval by the Road Commissioner or his representative.
A. 
Excavation safety. The person or contractor doing the actual excavation shall be required to meet all OSHA safety requirements, including those regarding depth of trench and shoring.
B. 
Public safety. All open trenches shall be barricaded with adequate warning lanterns lighted by sunset.
[Added 6-14-2006]
This article may be amended by vote of a Town Meeting as provided in Chapter 5, Administration, Article VII.