Town of Lincoln, RI Excavations

[Amended 2-14-2008 by Ord. No. 08-01; 10-21-2008 by Ord. No. 08-13; 5-19-2009 by Ord. No. 2009-6]

Purpose and scope.

All aspects of rendering utility service – new installations, repair/maintenance and upgrading – are critical to the public welfare. The purpose of these standards to be Employed by Public Utility Operators When Restoring Any of the Streets, Lanes and Highways in Lincoln (the "standards") is to ensure that a utility, after excavating in any municipal street, lane or highway ("public way"), restores that portion of the public way that is altered to the same condition or better than it was found before the excavation.

(2)

The standards set forth herein, including specific performance requirements for excavation, backfilling and resurfacing of roads, are intended to establish uniform statewide requirements for utility work in public ways in the State of Rhode Island. These standards shall apply only to excavations within streets and sidewalks and shall not apply to cable pulling or other work within manholes and subsurface ducts.

(3)

These standards shall supersede any previously existing ordinance, rule or regulation to the extent bearing upon the work of a utility installing, repairing, maintaining or upgrading its facilities in any public way.

(4)

The utility is responsible for ensuring compliance, by itself and its contractors, with these standards. Utility work may be inspected by the municipality to assure that the standards are followed. In the event a utility fails to comply with these standards, the utility shall, at its own expense, correct such failures.

(5)

The utilities shall work with the municipality to minimize the impact of utility roadwork and specifically to reduce the incidence of nonemergency utility excavation in newly paved streets.

(6)

The utility shall notify the municipality 48 working hours prior to commencing the permitted work within the streets or highway to ensure inspection of the work can occur. Failure of the utility to notify the municipality or to obtain the necessary inspections may result in the rejection of the completed work and the Town may maintain possession of any bonds for up to five years after the date of completion. Necessary inspections shall include, but not be limited to, backfilling, compacting, paving, curb setting, and curb lock placement.

[Added 4-28-2015 by Ord. No. 2015-05[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection A(6) as Subsection A(7).

(7)

Nothing in these standards is intended to create a contractual relationship between a municipality and a utility.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AASHTO

The American Association of State Highway and Transportation Officials.

CLAY

Very finely textured soil which, when moist, forms a cast which can be handled freely without crumbling or breaking; exhibits plasticity; and when dried, breaks into very hard lumps (i.e., high dry strength) and is difficult to pulverize into a soft, flour-like powder.

COLD PATCH

A bituminous concrete made with slow-curing asphalts and used primarily as a temporary patching material when hot-mix plants are closed.

COMPACTION

Compressing of suitable material and gravel that has been used to backfill an excavation by means of mechanical tamping to within 95% of maximum dry density as determined by the Modified Proctor Test in accordance with AASHTO, T180.

CONTROLLED-DENSITY FILL ("CDF") (ALSO CALLED "FLOWABLE FILL")

A mixture of portland cement, fly ash, sand and water. High air (25% plus) may be used instead of fly ash with an adjustment in sand content CDF is hand-tool excavatable.

DIVISION

The Rhode Island Division of Public Utilities and Carriers.

DPW

The Municipal Department of Public Works.

EMERGENCY

A situation that presents a risk of injury, loss of life, or damage to property or public welfare, including, without limitation, a utility service outage.

EMERGENCY REPAIR WORK

Street opening or excavation work which is subject to these standards and in response to or necessitated by an emergency.

GRAVEL

Gravel borrow as defined by the current edition of the Rhode Island Department of Transportation Standard Specifications for Road and Bridge Construction.

[Amended 4-28-2015 by Ord. No. 2015-05]

INFRARED PROCESS

A restorative procedure whereby an infrared heater plasticizes the surface of an asphalt pavement, preparatory to the introduction of additional compatible paving materials uniformly reworked to achieve a density and profile consistent and thoroughly integrated within the adjacent pavement.

MUNICIPALITY

The Town of Lincoln, Rhode Island.

ORGANIC SOIL

Soil high in organic content, usually dark (brown or black) in color. When considerable fibrous material is the principal constituent, it is generally classified as "peat." Plant remains or a woody structure may be recognized, and the soil usually has a distinct odor. Organic soil may exhibit little (or a trace of) plasticity.

PERMANENT PATCH

A final repair of street opening work to be performed in accordance with these standards and intended to permanently return the opened portion of the roadway to as good a condition as or better than it was prior to the performance of the street opening work.

PERMIT

A permit granted by a municipality to a utility for permission to do street-opening work in a public way.

PLASTICITY

That property of soil that allows it to be deformed or molded without crumbling (e.g., like dough or soft rubber). This property reflects the capacity of soil to absorb moisture.

POORLY GRADED SOIL

Soil that contains a large percentage of its constituent particles within a relatively narrow range; also referred to as "uniform" soil.

PROTECTED STREET

A road or street whose pavement surface is less than five years old and which was on the municipality's paving list for a period of 18 months or more before it was paved.

PUC

The Rhode Island Public Utilities Commission.

RIDOT

The Rhode Island Department of Transportation.

RI HIGHWAY STANDARDS

The "Rhode Island Department of Transportation Standards for Road and Bridge Construction, 2010," as amended from time to time.

[Amended 4-28-2015 by Ord. No. 2015-05]

SAME-DAY HOT PATCHING

The installation of a temporary patch ("same-day patch") on an excavation within one business day of completion of the utility work.

[Amended 4-28-2015 by Ord. No. 2015-05]

SAND

Coarse-grained soil in which the individual grains can be visually detected. When moist, it forms a cast which will crumble when lightly touched; when dry, it will not form a cast and will fall apart when confining pressure is released. Sand exhibits no plasticity.

SILT

Finely-textured soil. When moist, it forms a cast which can be freely handled; when wet, it readily puddles; when dry, it may be cloddy and readily pulverizes into powder with a soft, flour-like feel (i.e., low dry strength). Silt exhibits little or no plasticity.

STREET OPENING WORK

Any cutting, excavating, compacting, construction, repair or other disturbance in or under a public way together with restoration of the public way in accordance with these standards, municipal ordinances, and any other applicable law following such disturbance.

TEMPORARY PATCH

The interim application of either cold patch or bituminous base course in accordance with the RI Highway Standards.

[Amended 4-28-2015 by Ord. No. 2015-05]

UTILITY

Any and all persons or entities engaged in the transmission and distribution of electrical energy, natural gas, water, and telephonic, visual and other communication systems. For the purposes of these standards, a "utility" shall also mean any person or entity engaged by or on behalf of a utility to perform street opening work.

WELL-GRADED SOIL

Soil having its constituent particles within a wide range; also referred to as "nonuniform" soil.

Permit and notice requirements.

(1)

The issuance of a permit by a municipality for utility installation, repair, maintenance or upgrade work in any public way within the municipality's jurisdiction shall be subject to the standards. A permit may be issued with the stipulation that it may be modified or revoked with just cause at any time at the discretion of the municipality without rendering the municipality liable in any way; and the Director of the DPW shall have discretion in the enforcement of the permit program. Whether with respect to an explicit stipulation in a permit or otherwise, such discretion shall be exercised by the Director of the DPW on the basis of valid, reasonable factors affecting safety and health. It is recognized that each municipality shall have the authority to inspect work in progress and the utility shall correct any deviations from the standards identified during said inspections. The following are the requirements that a municipality may require of a utility when granting permits.

(2)

Except for emergency repair work, a utility shall submit to the municipality having jurisdiction of the public way in which work is to be done an application for a permit for such work, including a plan for the work proposed. For emergency repair work, the utility shall apply for a permit as soon as practicable, and not more than five business days following completion of the repairs.

(3)

Pursuant to R.I.G.L. § 5-8-21(5), the municipality shall not require a PE stamp on the utility's plan.

(4)

Permits for work within sidewalks will be issued to the utility without signature by or notice to abutting owners of record.

(5)

The municipality shall issue permits promptly and shall make its best efforts to issue a permit within seven days after submission of a completed application.

(6)

As conditions for the granting of a permit, a municipality may impose financial requirements in compliance with the following standards.

(a)

The municipality may impose a permit fee, which shall not exceed $75 per excavation unless authorized by the PUC. No other or greater fee may be imposed.

(b)

The municipality shall not impose the requirements of a performance bond on entities which are subject to the supervision of or regulation by the PUC or the Division.

(c)

A utility applying for a road opening permit or its contractor shall provide a certificate of general liability insurance or appropriate evidence of self-insurance of not less than $500,000, naming the municipality as an additional insured.

(d)

The municipality shall not require any other municipal license, permit, easement or qualification from the utility performing an excavation pursuant to a permit hereunder.

(e)

Reasonable workday and time constraints may be conditions of the permit.

(7)

The utility shall endeavor to conform its work to the plan submitted with its permit application. If it becomes necessary to open the roadway surface in a larger area than specified in the permit, or if otherwise the work performed is appreciably different from that shown on the plan provided with the permit application, the utility shall provide a revised plan to the DPW after completion of the work.The utility shall also notify the municipality of the change in work prior to executing the change and the municipality reserves the right to modify the conditions of the permit appropriately.

[Amended 4-28-2015 by Ord. No. 2015-05]

(8)

A copy of the permit must be on the job site at all times for inspection (except for emergency repair work). Repeated failure to have the permit available may result in suspension of the permit.

(9)

Except in case of emergency repair work, the utility shall notify the municipality at least two business days prior to the start of work. No work shall be authorized or proceed without said notification. For emergency repair work, the utility shall provide verbal notice of such work to the DPW within one business day of commencing such work. For projects with a long duration, the municipality must be notified when work is suspended for more than three business days. At the time of such notification, the utility shall also provide to the municipality its best estimate of the date upon which work will be resumed.

(10)

The utility shall be responsible for contacting the municipality regarding the field location of any underground traffic control devices in the vicinity of the project.

(11)

The utility shall notify the municipality of the date of completion of the physical work pursuant to a permit. Such notification may, at the utility's option, be a quarterly report of all work completed in the prior quarter or a permit-by-permit report.

General work standards.

(1)

Section 24-5-1.1 of the Rhode Island General Laws requires any entity that alters a roadway to "restore that portion of the roadway which is altered to the same or better condition that existed prior to alteration."

(2)

All work performed by a utility shall be in compliance with these standards and with any applicable RI Highway Standards to the extent consistent with these standards.

(3)

Utilities are responsible for using appropriate materials and crews on projects.

(4)

A utility excavating or performing other work in a public way subject to these standards shall guarantee the patch to the roadway against settling for a period of five years from completion of the work. This guaranty shall not extend to cracking resulting from use of infrared sealing technology if such technology has been specified by the municipality.

Safety.

(1)

A utility shall comply with Dig Safe and street closing procedures at the time of performing work, not at the time of permit application.

(2)

Provisions shall be made for the safety and protection of pedestrian traffic during the construction period.

(3)

The utility shall be responsible to furnish and erect all required temporary signs and traffic safety devices.

(4)

Excavations shall be marked with signs in accordance with standards prescribed by the 2009 edition, with Revisions 1 and 2, or subsequent current edition, of the Manual on Uniform Traffic Control Devices (the "MUTCD"). Traffic control signs and devices shall likewise conform to MUTCD standards.

[Amended 4-28-2015 by Ord. No. 2015-05]

(5)

Cones and nonreflecting warning devices shall not be left in operating position on the highway when the daytime operations have ceased. If the utility should fail to remove such devices from the work site, and if the municipality should remove them, all costs of such removal may be charged to the utility.

(6)

Trenches may remain open overnight with appropriate protection provided by the utility (e.g., barrels, barricades, jersey barriers or steel plates and appropriate lighting).

(7)

Efforts shall be made to maintain normal traffic flow. Interruptions or obstructions to traffic may be defined by the conditions of the permit.

(8)

If, in the exercise of its discretion pursuant to Subsection C above, the municipality should determine on the basis of factors affecting safety and health that the work constitutes a hazard to traffic in any area, it may require the utility to suspend operations during certain hours and to remove any equipment from the roadway.

(9)

When a snow or ice condition exists during the progress of this work, the utility shall keep the area affected by the work safe for travel. The municipality may restrict work during snow, sleet, or ice storms and subsequent snow-removal operations, except for emergency repair work.

(10)

The utility shall be responsible for the ponding of water that may develop within the roadway as a result of its work.

(11)

During the course of work, and upon its completion, the utility shall comply with applicable requirements of Subsection J below with respect to cleaning of the work area and roadway surface.

(12)

Blasting, if necessary, shall be done in accordance with state law and local ordinance.

(13)

The utility shall comply with all federal, state, and local safety regulations.

(14)

In performing work under a permit, the utility shall assume no greater responsibility for risks and casualties of every description, for loss or injury to persons and property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, than is otherwise imposed by law.

(15)

If, in the exercise of its discretion pursuant to Subsection C above, the municipality should determine on the basis of factors affecting safety and health that a street opening failure presents a nuisance or a public safety problem, the utility shall respond to a request by the municipality for repair within 48 hours. Nonresponse within the specified time may result in the required restoration work being done by the municipality, with all expenses to be paid by the utility. The utility shall reimburse the municipality for the invoiced amount within 30 days. In the event the municipality deems the failure to be an immediate hazard to the public and the utility is unable to respond within an acceptable period of time after notification, then the municipality may take necessary action to restore the area to a safe condition, with the cost of the repairs to be paid by the utility. The utility shall reimburse the municipality for such costs within 30 days.

(16)

Failure to respond to trench restoration requests may result in denial of future permit requests.

Protection of adjoining facilities.

(1)

If directed by a municipality in a permit, a utility shall take photographs prior to the start of work to ensure restoration of designated areas to their former conditions within the limits of the work areas. Copies of the photographs shall be delivered to a place designated in the permit.

(2)

The utility shall take care not to interfere with underground structures that exist in the area.

(3)

The utility shall take care not to disturb any subsurface traffic duct system or any traffic detector. In case of any such disturbance, the utility shall immediately notify the municipality so that repairs can be made. If any such damage is the fault of the utility, the utility shall be responsible for the repair or the cost of repair.

(4)

The utility shall be responsible to replace all pavement markings in kind which have been disturbed as a result of work done in accordance with the permit. Pavement markings shall be restored within 10 days after permanent paving is performed or as deemed necessary by the municipality.

(5)

Existing guardrail that is removed or damaged shall be reset or replaced to current RI Highway Standards.

(6)

The utility will be responsible for any damage caused by its work to curbing, structures, or roadway.

(7)

The utility shall take reasonable measures to protect highway bound markers. However, if it becomes necessary to remove and reset any bound marker, the utility shall hire a Rhode Island registered professional land surveyor to perform this work. It shall be the responsibility of this land surveyor to submit to the municipality a statement in writing and a plan containing his stamp and signature showing that said work has been performed.

Excavations.

(1)

The surface of a roadway to be excavated for utility work shall be cut in reasonably straight and parallel lines using a jackhammer, saw or other accepted method to ensure the least amount of damage to the roadway surface. The pavement, including reinforcing steel on concrete roadways, shall be cut the full depth of surfacing. The excavation shall only be between these lines. The cutting operation shall not be done with a backhoe, gradall or any type of ripping equipment.

(2)

If steel plates are used by a utility to protect an excavation, they shall be of sufficient thickness to resist bending and vibration under traffic loads and shall be anchored securely to prevent movement.

(3)

If a utility uses steel sheeting, shoring, or bracing and elects to leave it in place, it shall be cut off two feet below the surface.

Backfill and compaction. The following provisions set forth general guidelines and criteria to determine whether a soil is suitable as backfill for utility excavations in roadways. They prescribe proper procedures for backfilling and compaction to achieve soil density values of 95% Modified Proctor density. The ultimate objective is to obtain a finished road surface repair which will undergo settlements only within acceptable performance limits, as defined within these standards, for the functional life of the existing road. The guidelines are based on good engineering practice and testing of both materials and equipment. Compliance with these standards will promote satisfactory backfill compaction.

(1)

In restoring municipal streets, utilities shall use appropriate fill for excavations, in compliance with the standards set forth below with respect to backfill suitability, and shall compact all fill to achieve soil density values of 95% Modified Proctor density (as described in AASHTO TJ80).

(2)

The utilities are concerned about public health and safety issues related to the use of flowable fill. The municipality shall not require any utility to use flowable fill (or "controlled-density fill") in any work in public ways. If CDF is the selected option of the utility, when backfilling excavations within which there are natural gas lines, the utility shall backfill with sand and compact to a level six inches above the gas line before adding CDF to the trench.

(3)

Suitability of backfill material.

(a)

Suitable backfill material is free of stones larger than half the size of the compacted lift as provided for in RI Highway Standards, construction debris, trash, frozen soil and other foreign material. It consists of the following:

[1]

Well-graded gravel and sand;

[2]

Poorly graded gravel and sand;

[3]

Gravel-sand mixtures with a small amount of silt;

[4]

Gravel-sand mixtures with a small amount of silt and trace amounts of clay.

(b)

Unsuitable backfill materials consist of the following:

[1]

Inorganic silts and clays;

[2]

Organic silts;

[3]

Organic soils including peat, humus, topsoil, swamp soils, mulch, and soils containing leaves, grass, branches, and other fibrous vegetable matter.

(4)

Evaluation of excavated soil.

(a)

The soil excavated from a trench shall be evaluated by the utility and may be evaluated by the municipality to determine whether or not it is suitable as a backfill in accordance with Subsection H(3).

(b)

An excavated soil that has been evaluated and found suitable for backfill may be used to backfill the excavation upon completion of the utility's work.

(c)

An excavated soil that has been evaluated and found unsuitable for backfill shall be removed from the site and disposed of properly. New material, which meets the requirements of Subsection H(3), shall be brought in to replace excavated soil found to be unsuitable.

(5)

Backfill and compaction of excavations.

(a)

Backfill and compaction shall be performed in accordance with RI Highway Standards, Section 301.03.2.

(b)

All leak-detection holes (i.e., bar holes) shall be filled in lifts with an appropriate mineral filler and compacted to the bottom of the pavement.

(6)

A color-coded marking tape shall be placed in an appropriate location below the final grade above all underground utility installations except sewers and drains running in straight lines between surface catch basins, manholes, or posts identifying the underground installation. Marking tape shall not be required for installations using trenchless technology. Tape shall be durable, nondegradable plastic, not less than two inches wide, and in the following colors for the particular underground utility:

	Color	Utility
	Blue	Water
	Red	Electric cable
	Yellow	Gas
	Orange	Telephone
	Green	Sewer

(7)

Compaction verification. If required by the municipality, compaction verification shall be performed by the utility to assure that 95% Modified Proctor density has been achieved.

[Amended 4-28-2015 by Ord. No. 2015-05]

Pavement restoration.

[Amended 4-28-2015 by Ord. No. 2015-05]

(1)

The utility shall be responsible to replace all pavement disturbed by work under the permit with homogeneous and in-kind pavement using temporary patch followed by permanent patch, all as specified herein, to at least the original strength and condition unless otherwise agreed.

(2)

After performance of the procedures prescribed by the standards relating to backfilling and compaction, the adjacent pavement shall be cut back, full depth, to encompass all disturbed pavement areas and underlying cavities associated with the excavation. Cutbacks shall exceed the area of the original excavation by a minimum of 12 inches on all sides. All cutbacks shall be done in reasonably straight, continuous, and parallel lines. Existing pavement surfaces shall be swept clean of dirt, dust, and debris prior to patching. The existing vertical pavement surfaces shall be tack-coated with an appropriate asphalt tacking material prior to patching and subsequent to cleaning.

(3)

After backfilling and compaction, the utility shall install a temporary pavement patch. The utility must, subject to the provisions of this section, allow up to 45 days for settling before final patching.

(a)

Any temporary patch installed prior to September 1 in any year shall be replaced with a permanent patch no later than December 15 of that year. Temporary patches made between September 1 and March 30 shall be maintained by the utility until a permanent patch can be installed, and not later than June 15.

(b)

All excavation, backfilling, and compaction work associated with temporary patches shall be performed in accordance with these standards.

(c)

Temporary patches shall be made with high-performance cold patch or bituminous base course. The depth of the temporary patch shall match the existing pavement depth but shall not be less than four inches thick.

(d)

The utility shall be responsible to maintain temporary patches in a safe condition for all types of travel until a permanent pavement repair has been made. To ensure proper maintenance, the utility shall perform periodic inspection, at reasonable intervals, of each temporary patch until it is replaced with a permanent patch.

(4)

Temporary patches which are installed in conformance with these standards, consist of bituminous base course, and show no signs of settling or compaction related issues, may utilize the grind and inlay method or another method agreed to by the municipality on a case-by-case basis as approved by the municipality.

(5)

Utilities shall comply with the following standards for the permanent pavement restoration:

(a)

Pavement repair depths shall equal or exceed adjoining pavement depths but shall not be less than four inches thick.

(b)

The pavement repair shall consist of two separate courses of pavement. The base course shall be a minimum of 2.5 inches of bituminous base course. The wearing surface shall be a minimum 1.5 inches of bituminous concrete Class I-1 surface course.

(c)

All methods and materials shall be in accordance with current edition of the RI Highway Standards.

(6)

Permanent patches on protected streets (as defined herein) shall utilize infrared heater practices to integrate the permanent patch into the surrounding pavement. Permanent patches on streets that are not protected streets (as defined herein) shall be sealed with hot asphalt crack sealer or other appropriate means instead of with infrared technology, unless the municipality requires as a permit condition that the restoration include infrared heater practices to integrate the permanent patch into the surrounding pavement.

(7)

When the utility work involves a longitudinal excavation (excavation parallel with the roadway) or repair, the following conditions shall apply:

(a)

When the pavement remaining between the excavation and the edge of the roadway is less than two feet, the remaining area to such edge of the roadway shall be removed and replaced in conjunction with the permanent pavement repair.

(b)

When the longitudinal length of the excavation exceeds 25 feet, the permanent restoration shall include grinding and overlaying half the width of the road, between the edge of the road and the road center line. The surface of the pavement shall be uniformly ground and removed to a minimum depth of 1.5 inches for subsequent pavement replacement. The grinding shall extend a minimum of 10 feet beyond the longitudinal ends of the original trench. The grinding procedure shall also provide a twelve-inch (minimum) cutback into existing undisturbed pavement and shall encompass all disturbed pavement areas. Grinding shall be done in reasonably straight lines. The overlay pavement shall consist of bituminous concrete Class I-1 surface course.

(8)

All leak-detection holes (i.e., bar holes) shall be filled to refusal with an appropriate asphalt filler to a depth equal to the surrounding pavement depth.

(9)

All excavations made within concrete roadways shall be repaired with concrete in depths equal to the existing concrete. Concrete used for repairs shall conform to the requirements of the RI Highway Standards for concrete roadway construction. Steel dowels or other approved method of shear transfer between the patch and remaining roadway shall be included in the restoration.

(10)

Completed pavement repairs shall be flush with surrounding pavement.

(11)

No less than 30 days and no more than 90 days from the completion of the permanent pavement repair, the utility shall inspect the excavation for settling, cracking and other pavement defects. Any such excavation which requires repair shall then be reinspected no less than 30 days and no more than 90 days from the completion of the subsequent repair. Patches that deviate more than 0.25 inch from the existing street surface shall be repaired to comply with Subsection I(6) and I(10) consistent with Subsection I(6). Surface or joint cracking 0.125(1/8) inch wide or greater shall be repaired utilizing a modified asphalt pavement sealant.

(12)

The utility shall prepare and maintain records of these inspections and shall make them available to the municipality and the Division upon request.

Cleanup.

(1)

The utility shall at all times keep the roadway surface clean of any debris that may result from its work and, upon completion of the work, shall thoroughly clean the roadway surface of any debris or matter deposited there as a result of the work.

(2)

Areas adjacent to the work area shall be kept clean. Upon completion of the work, all rubbish, surplus materials and unneeded construction equipment shall be removed from the work site and adjacent areas.

(3)

Upon completion of the work, the utility shall restore all disturbed areas, including areas adjacent to the work site, to a condition equal in kind or better than that which existed prior to the work, including any necessary driveway, highway, front walk and landscaping work, using suitable materials, equipment and methods. To the extent practicable prior to completion of the work, the utility shall promptly repair any damage accidentally caused to adjacent areas so as to minimize inconvenience to the general public and to property owners.

(4)

Material or debris from the contractor's operations which have washed into, flowed into, or been placed in watercourses, ditches, gutters, sanitary sewers, drains, catch basins, or elsewhere shall be removed entirely and properly disposed of during the progress of the work and upon its completion.

Sidewalks and driveways. All work shall comply with the Americans with Disabilities Act (ADA), and RI Highway Standards, Section 904.

Street paving program.

(1)

The municipality shall develop and maintain a comprehensive plan for categorizing the condition of Town streets and a projected schedule for street repaving.

(2)

By March 1 of each year, the municipality shall provide, to each utility which operates and maintains facilities within the public streets of the municipality, an update of the plan, including a good-faith listing of streets and segments of streets that are scheduled for repaving, subject to budgetary constraints, during the ensuing 18 months. Such list shall identify streets or segments of streets scheduled for repaving in the current paving season and those scheduled for subsequent seasons.

[Amended 4-28-2015 by Ord. No. 2015-05]

(3)

Any utility anticipating major work in any of the streets which are scheduled for repaving in the ensuing 18 months shall notify the municipality of the utility's plans by May 1 of each year.

Compliance with this section.

(1)

Utilities shall track the success and failures of their programs, to include the restorations and the inspections of such restorations pursuant to Subsection I(11). Utilities shall specify the number of failed restorations compared to the total number of restorations made during the preceding calendar year, the number of failures reported by a party other than a utility inspector and the age of the failed restoration.

(2)

Each utility shall record the number of failed restorations encountered during the inspections required in Subsection I(11). It shall also document the cause of the failure and measures taken to remedy it.

(3)

Each utility shall record the number of failed restorations and costs incurred when a municipality performs the corrective action in accordance with Subsection E(15).

Moratorium. The municipality may impose a moratorium on planned excavation projects from November 15 to April 15. The moratorium shall not apply in the event of an emergency or when otherwise authorized by the DPW and may be lifted at the discretion of the municipality if hot asphalt is available. Any entity undertaking work during a moratorium shall be responsible for maintaining the temporary patch in good condition until the permanent repair is completed.