Town of Oakland, MD Chapter 244 Street Utility Work; Construction Repair

[HISTORY: Adopted by the Mayor and Town Council of the Town of Oakland as indicated in article histories. Amendments noted where applicable.]

Article I Utility Crossings

[Adopted 4-3-1995 by Ord. No. O95-01]

§ 244-1 Street repair specifications/guidelines for utility crossings.

A. With respect to any street repair, disturbance, maintenance, or utility crossings, or any other work in, under, over, or along the streets of the Town of Oakland, the following standards and specifications must be met, and any permit granted by the Mayor and Town Council of Oakland for street repairs and/or crossings is expressly made contingent upon the following, by the contractor, of said standards and specifications.

B. Crossings may be made by either of three methods: (1) boring; (2) open cut; (3) overhead. Boring is the preferred method of crossing; however, a permit to open cut may be granted, provided the project is accomplished during a period when weather will not be a factor in preventing the holder of a permit from complying with the Town's standards.

(1) The service line must be encased in cast iron pipe or PVC pipe at least two-inch diameter larger than the service line.

(2) The encasement must be of sufficient length to extend at least one foot beyond ditch line on either side of the roadway.

(3) All crossings and shoulder open cuts will be a minimum depth of 30 inches below the roadway surface at edge of pavement.

(4) When asphalt is broken for open cut, it must be sawed. All surface cuts must be with straight boundaries, within 5° of vertical.

(5) If open cut is used for crossing, all backfill will be tamped six-inch layers of GASB crushed stone (CR6), (minimum 98% compaction). Compaction tests are required on longitudinal cuts of 300 feet or more, and may be requested on other cuts.

(6) The roadway surface must be restored to its original condition or better, and must be accomplished in the least possible time with the least disturbance. No cuts may be made in roads newly surfaced, resurfaced, or mixed sealed for three years, except in the event of emergency work.

(7) Traffic will be maintained at all times. No more than half a roadway can be closed at one time. Road closure requires special written permission prior to closure.

(8) Work area sign must be installed and must comply with standards set forth in the State of Maryland Manual on Uniform Traffic Control Devices (1971). At night, all barricades and signs must be illuminated.

(9) The holder of a permit accepts full responsibility for any accidents involving the public, caused by improper construction methods or improper signings. The utility holds the Town harmless from liability, loss, expense, claims, demands, and action as a condition of permitting.

(10) The holder of a permit will be responsible for maintenance of the crossing for a period of at least one year after the completion of the project, or longer if determined necessary by the inspection. The Town of Oakland may require a bond or deposit if the job is scheduled to take more than one week, and if the cost of the job is expected to be more than $5,000.

(11) All work pertaining to the roadway is subject to the inspection of the Oakland Street Department.

(12) The Oakland Street Department must be notified 24 hours prior to the beginning of the project work. If an emergency exists, every effort should be made to contact Inspecting Personnel for the Town of Oakland. If, however, contact cannot be made, a written statement documenting the nature of the emergency must be provided to the Town within 72 hours. Permits are required for emergency repairs as well as normal repairs. The utility has 72 hours to obtain the emergency permit and will be issued following receipt of the written statement.

(13) Vertical clearance for overhead power and communication lines above the highway shall be no less than:

(a) From 0 to 750 volts, including communication lines: 18 feet.

(b) From 750 volts to 15,000 volts: 20 feet.

(c) From 15,000 volts to 50,000 volts: 22 feet.

(14) Poles or related facilities shall be placed at the extreme part of Town road right-of-way.

(15) No poles, stubs for guys or anchors should be located in such a manner as to interfere with the ordinary highway maintenance.

(16) If open cut is used on shoulders, the material replaced will be tamped or rolled with an approved piece of machinery, with the shoulders being restored to their original condition.

(17) If shoulder is open cut, the holder of the permit is responsible for maintenance of the area for a period of one year after completion of the project, or whatever period as specified by the inspector in Subsection B(10).

(18) When asphalt is removed for crossing or shoulder work, it must be replaced by the holder of the permit within a time period of one week. In the event weather conditions do not permit an asphalt patch, the permittee shall maintain the crossing.

(19) The permittee is responsible for any and all accidents or damages which may occur as a result of the job not being completed. This includes damage to existing asphalt, vehicles, equipment, etc., until such time as deemed completed by the inspector.

(20) For work performed during hours other than the normal operational hours of the Oakland Street Department, the permittee will be charged a flat rate of $40 per hour of inspection.

(21) If the Town or its designated representatives observe intentional violation of the specifications/guidelines, the Town has the authority to order any job to cease immediately.

(22) If and when any utility fails to comply with any of the specifications/guidelines set forth herein, the Town may correct or eliminate the problem, following notification to the utility, and may subsequently bill the utility for the cost of correcting or eliminating the problem.

§ 244-2 Procedure for new construction utility work.

With respect to any new utility construction, or utility work, in any way pertaining to any of the streets, ways, alleys, sidewalks, or roads within the City limits of the Town of Oakland, in addition to the requirements of § 244-1, hereof, the following standards and specifications must be met, and any permit granted by the Mayor and Town Council of Oakland for any such new construction is expressly made contingent upon the following said standards and specifications:

A. Obtain permission for open cut from the Oakland Street Department. A permit must be submitted and approved by the Town of Oakland.

B. Excavate cross cut to a depth to provide at least 30 inches of cover from existing road surface to top of utility casing.

C. In the event of undercutting, the ditch will be backfilled with limestone dust to the spring line before installation of the new pipe.

D. Backfill must be with GASB crushed stone (CR6), placed in six-inch lifts, and compacted to a depth of 16 inches below existing road surface.

E. Backfill with bituminous concrete (base mix), placed in three-inch compacted lifts to a depth four inches below existing road surface.

F. Saw cut existing road surface back two feet from the edge of the excavation.

G. Remove the existing surface to a minimum depth of four inches.

H. Apply liquid asphalt to seal surface of saw cut and entire excavated area.

I. Replace surface with a minimum of four inches of bituminous concrete (surface mix).

§ 244-3 Procedure for utility work repairs.

With respect to any utility work repairs, or utility work, in any way pertaining to any of the streets, ways, alleys, sidewalks, or roads within the City limits of the Town of Oakland, in addition to the requirements of § 244-1 hereof, the following standards and specifications must be met, and any permit granted by the Mayor and Town Council of Oakland for any utility work repairs is expressly made contingent upon the following said standards and specifications:

A. Obtain permission for open cut from the Oakland Street Department. A permit must be submitted and approved by the Town of Oakland.

B. All unnecessary undercutting of existing services should be avoided.

C. In the event of undercutting, the ditch must be backfilled with limestone dust to the spring line of the existing pipe.

D. Backfill must be with GASB crushed stone (CR6), placed in six-inch lifts, and compacted to a depth of 16 inches below existing road surface.

E. Backfill with bituminous concrete (base mix), placed in three-inch compacted lifts to a depth four inches below existing road surface.

F. Saw cut existing road surface back two feet from the edge of the excavation.

G. Remove the existing surface to a minimum depth of four inches.

H. Apply liquid asphalt to seal surface of saw cut and entire excavated area.

I. Replace surface with a minimum of four inches of bituminous concrete (surface mix).

§ 244-4 Violations and penalties.

A. Any utility company, contractor, subcontractor or person violating any provision of this article shall be deemed to be guilty of a misdemeanor.

B. Penalties for violation of this article are as follows:

(1) For failure to obtain a permit required by this article. For a first offense, there shall be a fine of $500; and for a second or subsequent offense, there shall be a fine of $1,000 for each such offense.

(2) For any failure to obtain any permission, or take any action required by this article, or for taking actions prohibited by this article. For a first offense, there shall be a fine of $500; and for a second or subsequent offense, there shall be a fine of $1,000 for each such offense.

(3) For any failure to comply with procedures set forth in this article, the penalties shall be as follows: for a first offense, a warning shall be issued; and for a second or subsequent offense, there shall be a fine of $100 for each day the violation continues and is not corrected.

C. For any failure to comply with procedures set forth in this article, the Town may correct or eliminate or correct existing problems, and may subsequently bill the utility for the cost of such expense.

Article II Disabilities Accommodation

[Adopted 3-3-2008 by Ord. No. O2008-02]

§ 244-5 Compliance with Americans with Disabilities Act.

It shall be the policy of the Mayor and Town Council of Oakland, in order to protect the public health, safety, comfort, convenience and welfare of the Town of Oakland, to initiate, as necessary, the construction, maintenance, and repair of streets and sidewalks in the Town of Oakland, such that any construction or maintenance is in accordance with the latest Americans with Disabilities Act (ADA) guidelines.

§ 244-6 Scope of maintenance, construction and repairs.

It shall be the policy of the Mayor and Town Council of Oakland that the required work shall consist of, but not be limited to, the construction and repair of the streets and sidewalks, the drainage systems, the various utility systems, including the location or relocation of water, sewer, electric, telephone and cable transmission lines, street and sidewalk lights and landscaping, as well as snow removal and maintenance of existing entrances from public and private property to the streets and sidewalks, and to do all things necessary to accomplish same.

§ 244-7 Authority to alter streets and sidewalks.

It shall be the policy of the Mayor and Town Council of Oakland to have the power and authority, through Town employees, the Town's agents, or the Town's designees, to grade, lay out, maintain, construct, reconstruct, pave, repair, extend, or otherwise alter streets and sidewalks on Town or private property along any public way or part thereof.

§ 244-8 Right of entry.

It shall also be the policy of the Mayor and Town Council of Oakland to carry out any aforesaid street and sidewalk maintenance, construction and repairs as duly authorized through Town employees, the Town's agents, or the Town's designees, and that the Town employees, its agents and assigns, or designees shall have the right of entry on said properties, for the purpose of accomplishing any said work at all reasonable hours, upon any premises in the Town which abuts a Town street or sidewalk, such that any construction or maintenance is in accordance with the latest Americans with Disabilities Act (ADA) guidelines.

§ 244-9 Financial assistance.

It shall also be the policy of the Mayor and Town Council of Oakland that in cases where proof of financial hardship is demonstrated by a property owner, the Town will work with the property owner to secure financial assistance in an effort to alleviate any financial burden.