[HISTORY: Adopted by the 5-15-2002 Special Town Meeting, Art. 21.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 185.
A.
Intent and purpose. The purpose of this chapter is the
regulation of the use of public right-of-ways in the interest of public safety
and convenience, and the operation and protection of public works infrastructure.
Excavation and restoration standards are required to preserve the integrity,
operational safety, and function of the public right-of-way.
B.
Administration. The Director of Public Works is the principal
Town official responsible for the administration of the Right-of-Ways Code,
right-of-way permits, and the right-of-ways related thereto. The Town of Topsham
shall establish codes governing street excavations and implementing this chapter.
The Director may delegate any or all of the duties hereunder.
C.
DIG SAFE
DIRECTOR
EMERGENCY
EXCAVATE
FACILITY or FACILITIES
NEWLY CONSTRUCTED, RECONSTRUCTED OR REHABILITATED STREETS
PERMITTEE
PERSON
POLE PLACEMENT
PUBLIC PLACE
REHABILITATION
RIGHT-OF-WAY
TOPSHAM CODE
SUBSTRUCTURE
TOWN
UTILITY
Definitions. The following words and phrases, when used
in this chapter, shall have the meanings respectively ascribed to them:
The Underground Protection of Facilities Act, commonly known as the
"Dig Safe Law," found at 23 MRSA § 3360-A. Any excavation undertaken
or authorized by this chapter shall comply with all requirements of this law.
In the State of Maine a one-call system has been established for obtaining
locations of underground facilities prior to excavation. The utilities required
to join the one-call dig safe system include those who furnish electricity,
gas, oil, cable TV, telephone, or telegraph services by underground lines.
Utilities not required to join are water districts, sewer districts, municipal
underground facilities, and utilities having fewer than five (5) full-time
employees or fewer than three hundred (300) customers. The excavator is solely
responsible to notify all possible utilities with underground facilities at
least three (3) full business days prior to the start of any excavation, trenching,
or boring work.
Public Works Director and/or designee as assigned by issuing authority.
Any event which may threaten public health or safety, including,
but not limited to, damaged or leaking water or gas conduit systems, damaged,
plugged, or leaking sewer or storm drain conduit systems, damaged underground
electrical and communications facilities, or downed overhead pole structures.
To dig into or in any way remove or physically disturb or penetrate
any part of a right-of-way.
Any tangible asset in the right-of-way required to provide utility
service.
Any street that has been newly constructed, reconstructed or rehabilitated
within the past five (5) years.
A person who has obtained a permit as required by this chapter.
Any natural or corporate person, business association or other business
entity, including, but not limited to, a partnership, a sole proprietorship,
a political subdivision, a public or private agency of any kind, a utility,
a successor or assign of any of the foregoing, or any other legal entity.
An excavation associated solely with a single placement or replacement
of a utility pole.
Any public street, way, place, alley, 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.
That activity of work on any street which provides structural improvement
having a minimum service life of fifteen (15) years with minor maintenance,
which includes pavement overlay of one and one-half (1 1/2) inches minimum
depth, and partial or full depth reconstruction.
The area on, below, or above a public roadway, highway, street, cartway,
bicycle lane and public sidewalk in which the Town has an interest, including
other dedicated right-of-ways for travel purposes and utility easements of
the Town. A right-of-way does not include the airwaves above a right-of-way
with regard to cellular or other nonwire telecommunications or broadcast service.
The Town of Topsham shall establish rules and regulations governing
street excavations and implementing this right-of-way. The Director may delegate
any or all of the duties hereunder.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or
wire, utility system appurtenance, or any other similar structures located
below the surface of any public place.
The Town of Topsham and/or its Public Works Authority.
A public utility, as defined in 35-A MRSA § 102, as it
may be hereinafter amended and shall specifically include the nonregulated
activities of such a utility.
D.
Protective measures and routing of traffic.
(1)
Safe crossings. The permittee shall in general maintain
safe crossings for two (2) lanes of vehicle traffic where possible and safe
crossings for pedestrians at intervals of not more than two hundred (200)
feet. If any excavation is made across any public street, alley or sidewalk,
adequate crossings shall be maintained for vehicles and for pedestrians. If
the street is not side enough to hold the excavated material without using
part of the adjacent sidewalk, a passageway at least forty-eight inches (48”)
in 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 near all excavations affecting vehicular,
pedestrian and other traffic shall be subject to final review and approval
of the Director or the Police Chief. Barriers, warning signs, lights, etc.,
shall conform to the latest edition of the Manual on Uniform Traffic Control
Devices (MUTCD).
(3)
Normalization of traffic conditions. The permittee shall
take action appropriate 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/properties and to the general public.
(4)
Closing of streets. When traffic conditions permit, the
Public Works Director or the Police Chief of the Town may, by written approval
(or by verbal approval in the case of emergency), permit the closing of streets
and alleys 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 Director
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 emergency work during nonbusiness
hours, the utility company having such emergency shall contact the Town Dispatch
Center at 725-4337 before closing a street to traffic.
(5)
Warning signs to channel traffic. Warning signs shall
be placed in accordance with the applicable section of the most current edition
of the MUTCD in advance of the construction operation to alert traffic within
a public street, and cones or other approved devices shall be placed to safely
channel traffic, in accordance with the instructions of the Director, after
his or her review of the proposed traffic control measures for the project.
(6)
Flaggers. Any work being done in Town right-of-ways that
involves disruption of traffic shall have flaggers to direct the flow of traffic
unless deemed unnecessary by the Director or the Police Chief. The Town reserves
the right to have the Director or the Police Chief require that the police
perform the flagging of traffic in areas of need on main routes in Town. The
cost of said flagging is borne by the contractor or utility performing the
work.
[Amended 12-18-2003 STM, Art. 3]
E.
Relocation and protection of utilities.
(1)
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 its 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 with
approval from the Director. The cost of moving privately owned facilities
shall be similarly borne by the permittee unless the permittee makes other
arrangements with the owner of the facility. The permittee shall support and
protect by timbers or otherwise all pipes, conduits, 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 method of support and protection
from the owner of the facility. In case any of the pipes, conduits, poles,
wires or apparatus should be damaged, and for this purpose pipe coating or
other encasement 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.
(2)
All utility relocations shall be in accordance with the
Maine Department of Transportation Utility Accommodation Policy. Any field
changes made to a relocated utility shall have authorization from the Public
Works Director to complete work. The Director may take up to three (3) working
days to approve such field changes. The surrounding utilities have two (2)
working days following a decision by the Public Works Director to file an
appeal to the Town Manager for review.
(3)
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 and/or Dig
Safe.
F.
Abandonment of structure.
(1)
Whenever the use of a substructure is abandoned or becomes
an unusable facility, except the abandonment of service lines designed to
serve single properties, the person or utility owning, using, controlling,
or having an interest therein shall, within thirty (30) days after such abandonment,
file with the Town a statement in writing giving in detail the location of
the substructure so abandoned. If such abandoned substructure is in the way,
or subsequently becomes in the way, of an installation of the Town or any
other public body, the owner of such substructure, after having been contacted
by the excavator, shall establish if the substructure is abandoned and make
the first cut or tap before allowing the substructure to be removed by the
excavator.
(2)
When gas or other flammable service to buildings is discontinued,
the existing service line for such service shall be terminated at a point
outside the building.
G.
Protection of public property.
(1)
The permittee shall not remove, even temporarily, any
trees or shrubs which exist in a public place without first obtaining the
consent of the appropriate Town department or Town official having control
of such property.
(2)
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 benchmark 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 benchmarks 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.
(3)
No person or utility shall remove, damage, haul away
or cause misalignment of any curbing, including radius curb and catch basin,
stones for any reason whatsoever without first receiving written permission
from the Town.
(4)
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 Town, and the
cost will be charged to the permittee.
H.
Prompt completion of work.
(1)
After an excavation is commenced, the permittee shall
carry out with diligence and expedition all excavation work covered by the
permit and shall promptly complete such work and restore the street or sidewalk
as specified in this right-of-way and the Topsham Codes enacted by the Town
of Topsham Authority. The permittee shall perform such restoration work so
as not to obstruct, impede or create a safety hazard to public travel.
(2)
All excavations shall be covered or backfilled at the
end of each workday. "Covered" shall mean steel plated over the entire trench
plus two (2) feet around the edges. The steel shall be of strength to hold
pedestrian vehicular traffic. Barriers approved by the Director must be installed
if the excavation is to be plated. All road trenches must be temporarily paved
within twenty-four (24) hours of backfilling. All driveway crossings must
be paved within forty-eight (48) hours of opening.
I.
Urgent work. When traffic conditions, the safety or convenience
of the traveling public or the public interest require 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
twenty-four (24) hours a day, to the end that such excavation work may be
completed as soon as possible.
J.
Emergency action. Nothing in this Right-of-Way Code 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 which may be a threat to life or property, or for making
emergency 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 is
commenced. Before any excavation work is started, the person or utility excavating
must contact all utilities for on-the-spot locations.
K.
Noise, dust and debris. Each permittee shall conduct
and carry out excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
To the fullest extent practicable, the permittee shall act to reduce noise,
dust, and unsightly debris in the performance of the excavation work. Excavation
work, including the use of any tool, appliance, or equipment, shall be performed
between the hours of 7:00 a.m. and 7:00 p.m. only, exclusive of emergency
work. Time waiver requests may be submitted to the Public Works Authority
for work outside of this time period and will be subject to neighborhood concerns.
Excavation work shall not occur on Sundays, holidays or on major holiday weekends,
unless expressly authorized by the Public Works Authority or as a result of
emergency need.
L.
Obstructions in the right-of-way. No person shall place monuments, boundary stones, trees, lampposts, debris, basketball goals and other things within the limits of the public ways of the Town so as to constitute an obstruction as determined by the Public Works Director. The Board of Selectmen shall have the authority to order the removal of any such object. The Board of Selectmen may authorize, through the petition process, the placing of objects deemed necessary by utility companies within the limits of public ways in the Town. (Refer to § 184-2A.)
M.
Excavations during winter.
(1)
No person or utility shall be granted a street opening
permit or open any street or sidewalk from the time of November 15 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.
(2)
Any person or utility wishing to obtain a street opening
permit between these aforementioned dates shall first explain fully in writing
the emergency situation or special condition existing to the Public Works
Director before a permit may be granted. If an emergency condition which could
endanger life or property exists, excavation work shall not be delayed by
this section; however, a written explanation shall be delivered to the Town
as soon as possible and a street opening permit obtained for the opening made.
(3)
For the purpose of this section, an emergency shall be
defined as one of the following: damaged or leaking water or gas conduit systems,
damaged, plugged or leaking sewer or storm drain conduit systems, damaged
underground electrical and communications facilities, or downed overhead pole
structures; all remaining excavations will be considered nonemergency situations
and may only be authorized upon written documentation of special circumstances.
N.
Restoration of streets and sidewalks. All street and sidewalk restorations, including temporary and permanent work within any street shall be performed by and at the permittee's sole expense and in accordance with the Town's Code of Right-of-Ways and according to the Town Code promulgated by said authority pursuant to § 184-1B of this chapter. All repairs and restoration work shall be completed by the permittee in a manner and to the extent deemed acceptable to the Director.
O.
Warranty of work. The permittee shall, for a period of
two (2) years thereafter, be fully liable for all defects in materials and
workmanship relating to such replacement or realignment and shall promptly
repair or replace the same upon notice of the Public Works Authority and to
the satisfaction thereof.
(1)
Pavement repairs guaranteed by each permittee shall meet
all of the following conditions in order to remain in conformance with this
right-of-way.
(a)
The entire area shall be free from delamination of the
approved surface material.
(b)
No distortion of one-half (1/2”) inch or greater
shall exist over more than five percent (5%) of the total surface area of
the repair.
(c)
No cracks of one-quarter (1/4”) inch or greater
shall exist in the surface or edges of the repair totaling more than five
percent (5%) of the repair perimeter.
(d)
The hot-mixed asphalt within the trench shall not be
completely flushed and bleeding.
(e)
Pavement of roadway or street width is divided into four
(4) quarter points. Pavement restoration will be based on these points. Excavations
that disturb or produce voids under or pass over the first quarter point will
require removal of pavement over that void. Therefore, restoration will be
required to the next quarter point At any time the excavated area moves into
the third quarter point an entire width of roadway shall be repaved.
(f)
There shall never be a paved patch less than ten (10)
linear feet in length. If there is a patch within ten (10) linear feet of
said excavation, pavement between areas shall be removed and paved as one
unit.
(g)
All areas of pavement restoration that abut other paved
areas shall have a shelf joint of not less than one (1) foot in width. All
joints shall be tacked for bond.
(h)
Pavement thickness will be determined by the Public Works
Director.
(i)
Any sidewalk excavation will be restored with pavement
of the entire width of sidewalk for a minimum of ten (10) linear feet in length.
(2)
Nonconformance with any of the above conditions shall
constitute a breach of guarantee and subject the permittee to remedial actions
as provided in the Town Code.
(3)
Severe [over one (1”) inch ] distortion conditions
shall be considered tort liability and street defect conditions and shall
necessitate that full repairs be completed within twenty-four (24) hours of
notification by the Town.
P.
Liability of Town insurance.
(1)
This right-of-way 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 a permit is required under this Right-of-Way Code, 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 Right-of-Way Code shall
not be construed as authorizing any action which is inconsistent with any
private rights in said 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.
(2)
For purposes of this section, every excavator shall maintain
at all times comprehensive general liability and property damage insurance
coverage in a suitable amount, not less than $1,000,000 protecting herself/himself,
her/his agents and the Town from all such claims for damages or injuries and
naming the Town as an additional insured. All such insurance shall include,
without being limited to, endorsements for completed operations and special
hazards/underground collapse, and shall be primary to any insurance or self-insurance
of the town. 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 Public Works Authority.
Q.
Maintenance of excavation areas.
(1)
If any part of any excavation, including the excavation, back filling and repairs fails to conform with the standards of this chapter and the Town Codes, the Town shall notify the permittee and require the appropriate corrective actions to be undertaken. The permittee shall take corrective action within twenty-four (24) hours after the issuance of notice if the failure could trigger tort liability or liability for a street defect, as defined in 23 MRSA § 3651, et seq. In all other instances, the permittee shall have a reasonable time as provided in § 184-1U to undertake corrective action.
(2)
If the permittee fails to respond within the required
time period, the Town shall cause the necessary repairs to be accomplished,
and shall keep an account of the expense thereof, and in such case the permittee
shall be billed an amount equal to one hundred fifty (150) percent of the
whole of the expense incurred by the Town. Bills rendered in accordance with
this section shall be due and payable by the permittee immediately upon receipt.
The Town shall issue no further or new permits to the permittee until full
payment of the billed costs have been received.
(3)
If for any reason, the Town has to perform repair work
to an excavation after the permittee's guarantee period has started,
that guarantee period shall start over again upon completion of the repairs.
R.
Inspections.
(1)
The Town shall make such inspections as are reasonably
necessary in the enforcement of this Town Code.
(2)
The Public Works Authority may order such actions, as
it deems necessary to ensure that this right-of-way and the Town Code implementing
it are not violated.
(3)
In the event that any dispute exists as to the amount,
nature, or scope of the work required under this Right-of-Way Code or the
Town Code, the decision and judgment of the responsible Town official will
be final and binding unless appealed to or stayed by a court of competent
jurisdiction.
S.
Testing requirements. The Town may order a test on any
subsequent restoration of a street excavation in order to determine if the
work has been or is being completed in accordance with Town specifications
and regulations. The permittee shall pay the cost of the testing and all required
subsequent tests to verify the proper restoration in accordance with this
Right-of-Way Code and the Town Code.
T.
Maintenance of drawings. Every person or utility owning,
using, controlling or having an interest in substructures under the surface
of the public way or public property, used for the purpose of supplying or
conveying gas, electricity, communications, 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 (1”) inch to fifty (50') feet, showing in detail
the plan, location, size and kind of installation, if known, of all new or
renewed substructures. These maps shall be provided to the Town no later than
sixty (60) days after the completion date of construction in paper and in
digital file form acceptable to the Public Works Authority.
U.
Fees and charges.
(1)
Each street opening permit may be assessed one (1) fee;
one (1) twenty-dollar fee per excavation.
(2)
All fees shall be enacted by order of the Town Selectmen.
(3)
Upon permit application, a fee shall be paid to the Tax
Collector unless waived by the Public Works Authority as provided below. No
permit shall be issued without appropriate payment of fees. Utility applicants
in good standing shall be granted the option of being invoiced by the Town
for these fees.
(4)
Waiver of fees:
(a)
The Director may waive all permit fees in streets or
sidewalk/driveway areas to contractors under contract to the Town or MDOT.
(b)
To promote the use of tunneling, jacking, and boring
technologies, permanent restoration and moratorium/remaining life fees will
not be assessed to any excavation area achieved by these technologies, which
does not result in pavement damage.
(c)
The Town Manager may authorize special waivers of permit
fees if special conditions exist which can be supported by the Director in
writing.
V.
Violations.
(1)
Any person or utility failing to comply with or violating
any provision of this Right-of-Way Code or the rules shall be served by the
Public Works Authority or the Police Department with written notice stating
the nature of the failure or violation and providing a reasonable time limit
for the necessary corrective actions. Such person or utility shall, within
the period of time stated in such notice, permanently cease or correct all
failures or violations.
(2)
In order to ensure public safety, the Public Works Authority
shall have the right to verbally notify and with written notification require
immediate corrective actions of any person or utility whose failure to comply
with this Right-of-Way Code or the rules could cause a safety hazard.
(3)
Any person or utility who shall continue any failure
or violation beyond the time limit required for compliance or received notice
of failure or violation given pursuant to this Code or the rules shall be
guilty of a violation of this Right-of-Way Code.
(4)
Any person or utility violating any of the provisions
of this Code or the rules shall be liable to the Town for any expense, loss,
or damage occasioned by the Town by reason of such violation. The Town, by
action of the Board of Selectmen, may seek injunctive relief for the purposes
of enforcing this Town Code without exhausting the administrative remedies
set forth in this Code.
(5)
Fines.
(a)
Any violation of this Code which is also a violation
of 35-A MRSA § 2509 or 2511 or a violation of 23 MRSA § 3353
or 3355 shall subject the permittee or party to a fine as provided in said
statutes, as said statutes may be amended from time to time.
(b)
Any violation of this Code other than the violations
of state law prescribed in the preceding subsection shall subject the permittee
or party to a $50 fine per day for each day that a violation continues.
(6)
Any permittee or party who continues to violate any section
of this Code or the rules and fails to correct violations in a timely manner
shall receive no further permits and will be invoiced for permanent repairs
until such time as the Town is satisfied that the permittee or party shall
have corrected all violations in compliance with the terms of this Town Code.
(7)
The Town reserves the right to notify a permittee's
insurance and/or bond carrier of repeated violations.
(8)
All roadway trenches must be temporarily paved within
twenty-four (24) hours of back filling and driveway trenches within forty-eight
(48) hours. All trenches not paved within this period of time will be in violation
of this Town Code.
W.
Failure to obtain a permit. Any person or utility found
to be conducting any excavation activity within the public right-of-way without
having first obtained the required permit(s) shall immediately cease all activity
(exclusive of actions required to stabilize the area) and be required to obtain
a permit before work may be restarted. A surcharge of two hundred fifty dollars
($250.) shall be required in addition to all applicable permit fees.
X.
Appeals process.
(1)
Whenever a person is aggrieved by an order made by the
Public Works Authority, the person may file an appeal to the Town Manager
within ten (10) days of the date of the order, and the person shall be afforded
a hearing on the matter before the Town Manager or a designee, and unless
by their authority the order is revoked, such order shall remain in force
and be forthwith complied with by the person.
(2)
In cases of applicability or interpretation of the Town
Code by the Public Works Authority, the Town Manager may confirm, amend or
revoke such order made by the Public Works Authority.
(3)
In cases where compliance with such order made by the
Public Works Authority would cause undue hardship, the Town Manager may extend
the time limit of such order, or may grant exceptions to, or waive requirements
of, or grant a variance from the specific provisions of the Code, subject
always to the Code that the Town Manager shall give due consideration to the
purposes of the Code in preserving public safety and convenience, integrity
of public infrastructure, and the operational safety and function of the public
right-of-way.
(4)
If an appeal to the Town Manager does not resolve the
issue, any person aggrieved may appeal the decision to the Superior Court,
as provided by the Maine Rules of Civil Procedure.
Preparation of application for a utility location permit.
A.
APPLICATION
GENERAL LOCATION (OR PERMIT AREA)
SPECIFIC LOCATION PLAN
Definitions. As used in this section, the following terms
shall have the meanings indicated:
A written statement, requesting a location permit from the licensing
authority, describing the work proposed by the applicant.
That portion of the highway to be occupied or crossed by the proposed
installation.
A plan or sketch showing the location within the highway or the principal
units of the proposed installation.
B.
Application.
(2)
Four copies of each application shall be submitted to
the Public Works Director, 45 Village Drive, Topsham, Maine 04086.
(3)
Any number of general locations and proposed installations
may be included in one application. However, each general location and the
applicable proposed installation shall be stated separately.
C.
Plans. Unless otherwise noted, general location maps
(provided by the utility section), four (4) copies showing each or all general
locations and specific location plans, four (4) copies for each specific location,
shall be submitted with the application. An as-built survey of the utility
post construction to a scale of 40' = 1” on a 24” x 36”
vellum must be provided. A digitized electronic drawing file copy, in an approved
format, on a 3 1/2” floppy disk or CD will be required for larger
projects as determined by the Town.
D.
General location.
(1)
The purpose of the general location (or permit area)
description is to fix the location along the highway, to identify the highway
system and to determine the licensing authority. The location shall be established
by reference to a Town line, readily identified intersection, major stream
crossing, railroad crossing, or bridge number.
(2)
A general location map is required and shall be tied
to the highway system. The map may be a photocopy of a portion of an accurate
area map or sketch traced from such a map.
E.
Proposed installation.
(1)
Describe the immediate proposed installation and the
ultimate reasonable replacement or addition, which may be anticipated without
seeking a new permit. Indicate the size, type and purpose of pipes, poles,
voltage and phase of electrical line, number of cables or strands, etc. Mention
hydrants, services, protective and supporting equipment and associated appurtenances
or any other proposed utility not listed above.
(2)
In urban or congested areas, the proposed installation
should be in compliance with the existing Municipal Construction Standards.
If not, the application should be accompanied by a statement indicating reasons
for noncompliance.
F.
Specific location plan.
(1)
The specific location plan or sketch shall show the location
of the principal units of the installation. Longitudinal distances between
control points, bends, manholes, poles, etc. shall be given. Offset distances
from the highway center line, edge of pavement, curb or other well-defined
applicable reference shall be given. Offsets shall be to the center line of
underground installations. Offsets shall be in feet and inches to the near
side of poles, hydrants, etc., which are less than ten (10) feet from the
face of curb or outer edge of shoulder. The safety minimum offset for the
location is acceptable for all poles, which will be at, or beyond that offset.
Edge of traveled way or assumed right-of-way lines, and other pertinent highway
features shall be indicated.
(2)
A separate specific location plan shall be submitted
for each proposed installation. No more than two (2) highways should be shown
on one (1) sheet.
G.
Supporting data. The application should contain or be
accompanied by a statement indicating:
(1)
That a copy of the application has been given to the
municipal officers.
(2)
The newspaper in which the application will be published.
(3)
Any proposed joint use or ownership of the facility.
(4)
Any existing facility or permit of the applicant at this
location.
(5)
Any existing facility of others with which the proposed
installations may conflict.
(6)
Person available to review proposed locations at the
site; name, address, telephone number.
(7)
An as-built survey of the utility post construction to
a scale of 40' = 1” on a 24” x 36” vellum must be provided.
A digitized electronic drawing file copy on a 3 1/2-inch floppy disk
or CD will be required for larger projects as determined by the Town. The
Director shall approve the format of the digitized file drawing.
H.
Publication. Per MSRA Title 35A, Chapter 25, § 2503,
the applicant shall give public notice by publishing the text of the application
once in a newspaper circulated in the municipality or municipalities encompassing
the limits of the proposed location. The publication shall include a statement
equivalent to the following: "Any person, firm, or corporation claiming to
be adversely affected by this proposed location shall file a written objection
with the Town stating the cause of said objection within fourteen (14) days
after the publication of this notice." Evidence of publication shall be submitted
to the Town before a permit can be issued.
I.
Bridges. If the installation is to be made on or close
to a bridge, the application must be accompanied by plans showing the location,
method of construction, clearances and other data pertinent to the safety
and use of the bridge. For detailed requirements and more information of installations
adjacent and/or attachments to bridges, please contact Bridge Maintenance,
Maine Department of Transportation, in the Augusta office.
J.
Highway construction.
(1)
In order that an adequate permit may be issued for the
location of a utility plant relocated because of highway construction or retained
within the limits of highway construction, the utility shall submit a statement
in substantially the same form and substance as an application for a location
permit with these exceptions or additions.
(a)
Reference shall be made to the highway construction project.
(b)
The specific location plan shall show highway stations,
except for a project for which highway construction plans are not available.
(c)
If highway construction is a federal aid project, the
specific location plan shall show the normal edge of pavement, the curb or
outside edge of shoulder, right-of-way line and other pertinent highway features.
(2)
If highway construction is in an urban or congested area,
the Municipal Construction Standards shall be followed with exceptions only
if an undue hardship may be created.
K.
Application. The application shall be of sufficient detail
to permit review without the need of a site visit.
L.
Permits. As far as practicable, the utility's description
and specific location plan will be made a part of the permit.
M.
Highway construction.
(1)
Title 35A MSRA § 2503 right-of-way Subsection
8 requires the licensing authority to issue location permit for facilities
relocated because of highway construction.
(2)
Highway construction changes the relationship between
existing utility plant and the new highway without any utility relocation.
The licensing authority should issue a location permit to confirm that any
utility plant which has not been relocated does not impair the highway improvement
or interfere with the free and safe flow of traffic.
(3)
When right-of-way is taken from a utility for highway
right-of-way and the utility must, or chooses to, leave its plant in the public
way, the licensing authority should issue a location permit as evidence of
the legality of the location.
(4)
Federal regulations require the equivalent of the above
wherever utility plant is to be retained, relocated or constructed within
the limits of federal aid highway project.
N.
Work not requiring a permit.
(1)
A new location permit is not requited for:
(a)
Replacements, repairs or reconstruction in place. (NOTE:
If the existing installation appears to impair the highway improvement or
to interfere with the free and safe flow of traffic, and if anything more
than a minor replacement or reconstruction is planned the utility should move
its plant to a location which is in compliance with the current standards.)
(b)
Additions provided for in the original permit.
(c)
Improvements provided for in the original permit.
(d)
Services.
(e)
Hydrants, transformers, street lights, valves, switches,
etc. and associated equipment.
(2)
The applicant is advised to read the law for conditions
under which a location permit is not required.
O.
Advance installation.
(1)
A conditional location permit for utilities may be issued
to allow a utility to be placed in advance of this permit process, but the
applicant does so at his/her own risk. (NOTE: However, if the existing installation
appears to impair the highway improvement or to interfere with the free and
safe flow of traffic and if anything more than a minor replacement or reconstruction
is planned the utility should move its plant to a location which is in compliance
with the current standards.) Any conditions, changes, relocations resulting
from the formal permit being issued will be the sole responsibility of the
applicant for compliance. The conditional permit shall be issued in written
letter form on a case-by-case basis. No formal application is attached.
(2)
The Town objects to each application for a utility location
permit pending review by a representative of the Town. Issuance of the permit
shall be evidence that the objection has been withdrawn.
A.
Required. No person or utility shall make any excavation,
modify, or fill any excavation excluding previously permitted locations in
any public place without first obtaining a permit to do so from the Town except
as otherwise provided in this chapter. Any excavation within the Town's
streets, sidewalks, esplanades or other public right-of-way shall only be
permitted in accordance with this Code or with this chapter. The granting
of such a permit shall cover all required activities to conform to this Right-of-Way
Code and the Town Code.
B.
Application.
(1)
No street opening permit shall be issued unless a written
application on a form provided by the Town for the issuance of an street opening
permit is submitted to the Town. The written application shall contain such
information as reasonably required by the Public Works authority and identified
in the Town Code. The permit shall expire thirty (30) days from the date of
issuance.
(2)
In order to obtain a permit, the applicant must be current
on all of its financial obligations to the Town.
C.
General conditions. Permits shall be granted only if
the applicant has properly notified all utilities, contacted Dig Safe and
obtained an authorization number to proceed. Any conflicts with utilities
shall be the sole responsibility of the applicant and shall be resolved to
the utilities' satisfaction.
D.
Annual work program to be submitted by utilities. Each year on or before March 31, each utility shall submit to the Public Works Authority its planned work program for the ensuing year, which shall not include emergencies defined in § 184-1C and normal house service lines. Thereafter, the Town shall have the right to deny permit applications for excavations not contained within each utility's respective planned work program, except for emergencies and house service lines.
E.
Public Works planned work program. Each year on or before
March 31, the Public Works Department shall post in the Town office its planned
work program for the ensuing year and shall take reasonable steps to notify
any utility or property owner affected by the planned work program. Failure
to give such notice shall not impair the right of the Public Work Department
to carry out its work program or amendments to the work program.
F.
Duration. Excavation work must be started no later than
thirty (30) days from the date of issue of the street opening permit. After
the expiration of this thirty (30)-day period, such permit shall become null
and void unless renewed by the Director. Permits can be extended up to a maximum
of one year at the discretion of the Director.
G.
Fees and charges. Fees and charges shall be adopted by
the Town Selectmen.
H.
Bonds. Bonds or deposits may be required of all applicants
other than utilities in good standing under the Town municipal standards or
in accordance with the Town Code in order to guarantee their performance.
Bonds shall be posted for a minimum of two (2) years and shall not exceed
twenty-five thousand dollars ($25,000.). The required bond value shall be
equivalent to the estimated cost of the number of excavations performed in
the previous season, or twenty-five thousand dollars ($25,000.) whichever
is less. Instead of a bond, an applicant may substitute a deposit equal to
the anticipated cost of excavation repair for each application it seeks. Deposits
shall be recorded upon approved completion of all conditions of this chapter
and the Town municipal standards or in accordance with the Town Code.
I.
Permits prohibited. No person or utility shall be granted
a street opening permit on streets and sidewalks, esplanades or other public
right-of-ways that have been reconstructed or overlayed for a period of three
(3) years from date of construction except of an emergency. The street opening
for an emergency in these areas shall be approved by the Public Works Director.
A.
Purpose. This section on provides for the review of any
entrance onto a public way for compliance with sound construction and design
practices to ensure that traffic safety, drainage and public improvements
are not adversely affected. A permit is not required for paving, sealing,
or repairs unless the driveway is relocated.
B.
Permit required.
(1)
No driveway, entrance or approach or other improvement
within the limits of the right-of-way for any public road may be constructed,
altered or relocated except in accordance with an entrance permit issued by
the Town upon application.
(2)
The Town Selectmen may establish the fee for such permit.
(3)
The entrance permit shall be valid for a period of twelve
(12) months from the date of original issue.
(4)
No entrance, approach or other improvement constructed
on the right-of-way shall be relocated or its dimensions altered without an
entrance permit from the Town.
(5)
The owner is responsible for future maintenance of the
entrance within the limits of the right-of-way and shall maintain the entrance
in accordance with the approved permit.
(6)
Some roads and streets outside the urban compact may
require a permit from Maine Department of Transportation. You may see the
Public Works Director for information.
C.
Town held harmless. The applicant shall hold harmless
the Town and its duly authorized agents and employees against any action for
personal injury or property damage sustained by reason of the exercise of
an entrance permit.
D.
Approval criteria. Entrances should be designed and constructed
to provide safe access to the public way. Applicants are encouraged to comply
with the Access Management Rules for Driveways and Entrances as developed
by the Maine Department of Transportation, 2001.
(1)
Applicant. The applicant for a permit shall be the owner
of the property or authorized representative being served. Any driveway or
approach constructed by the owner shall be for the bona fide purpose of securing
access to the owner's property and not for the purpose of parking or
servicing vehicles on the right-of-way.
(2)
Sight distance criteria:
(a)
All entrances shall be so located such that vehicles
approaching or using the entrance will be able to obtain adequate sight distance
in both directions along the public way or to maneuver safely and without
interference with traffic.
(b)
Measurements to determine sight distance shall be made
in the proposed entrance at a point ten (10) feet from the edge of the shoulder
line with the height of eye 3 1/2 feet (3.5) above the pavement. The
sight distance shall be computed from this point measuring along the roadway
to a point where an approaching height of object four and one-quarter (4.25)
feet is first seen.
(c)
Driveway placement shall be such that an exiting vehicle
has an unobstructed sight distance according to the following schedule:
|
Highway Speed
(mph)
|
Recommend Sight Distance
(in feet)
|
Minimum Sight Distance
(in feet)
| |
|---|---|---|---|
|
25
|
250
|
175
| |
|
30
|
300
|
210
| |
|
35
|
350
|
245
| |
|
40
|
400
|
280
| |
|
45
|
450
|
315
| |
|
50
|
500
|
350
| |
|
55
|
550
|
385
|
(3)
Geometry.
(a)
The entrance shall be designed such that the grade within
the right-of-way does not exceed 10%.
(b)
For uncurbed public ways the entrance shall in general
slope away from the road surface at a rate of not less than one-quarter (1/4”)
inch per foot, nor more than one (1”) inch per foot for a distance of
not less than the prevailing width of the existing shoulder, but in no case
less than four (4') feet from the edge of pavement.
(c)
The entrance should intersect the traveled way at a horizontal
angle of ninety (90) degrees, but in no case shall the horizontal
angle be less than seventy-five (75) degrees.
(d)
No part of the entrance shall extend beyond the property
lot frontage for the lot being served.
(e)
The entrance shall not be located close to an intersection
and should be back at least fifty (50) feet.
(4)
Drainage.
(a)
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.
(b)
Surface drainage shall be provided so that all surface
water on the areas adjacent to the road shall be carried away from the roadway.
(c)
Where a drainage culvert is required to maintain roadside
drainage, the Town must approve the pipe diameter/length and type of pipe
material prior to installation. In any case, the pipe size shall be at least
twelve (12) inches in diameter.
(5)
Construction.
(a)
The owner is responsible for all construction and restoration
of disturbed areas for the entrance within the limits of the right-of-way.
(b)
The entire portion of any entrance within the limits
of the right-of-way shall be constructed with a minimum fifteen-(15) inch
well graded gravel base course (MDOT Type C).
(c)
If the entrance grade within the right-of-way exceeds
a five (5%) percent slope, then the entrance shall have a paved surface within
the limits of the right-of-way.
(6)
Curb and sidewalk.
(a)
When sidewalk or curb exists at the proposed entrance,
the applicant shall remove and replace such materials at the applicant's
expense. Any granite curb to be removed by the applicant will remain the property
of the Town.
(b)
Where curb exists, curb tip-downs shall be provided at
each side of a new entrance.
(c)
Where sidewalk is removed to accommodate a new entrance,
a new walk surface of equal type construction is to be provided. The sidewalk
area at all entrances is to meet handicap accessibility requirements and conform
to the Americans with Disabilities Act guidelines. In general sidewalks shall
meet the following:
[1]
The maximum sidewalk longitudinal transition slope is
not to exceed one (1) vertical to twelve (12) horizontal.
[2]
The maximum sidewalk cross-slope is not to exceed two
percent (2%).
[3]
No abrupt changes in grade are permitted and the maximum
curb reveal crossing a walkway is one-half (1/2) inch or less.
