[HISTORY: Adopted by the Town Meeting of
the Town of Madison 4-12-1976; printed as amended 3-2-1987. Subsequent amendments noted where applicable.]
As used in this chapter, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
Any opening in the surface of a public place made in any
manner whatsoever, except an opening in a lawful structure below the
surface of a public place, the top of which is flush with the adjoining
surface and so constructed as to permit frequent openings without
injury or damage to the public place.
Pipe, pipeline, tube, main, service, trap, vent, vault, manhole,
meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line,
anchor, cable, junction box, or any other material, structure, or
object of any kind or character, whether enumerated herein or not,
which is or may be lawfully constructed, left, placed, or maintained
in, upon, along, across, under or over any public place.
Any street which has been newly built or rebuilt within the
preceding three years.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
Any public street, way, place, alley, sidewalk, park, square,
plaza, or any other similar property owned or controlled by the Town,
and dedicated to public use.
Any pipe, conduit, duct, tunnel, manhole, vault, buried cable
or wire, or any other similar structure located below the surface
of any public place.
The Town of Madison or its Town Manager.
A private company, corporation or quasimunicipal corporation
under the direction and control of the Public Utilities Commission.
No person or utility shall make any excavation
or fill any excavation in any public place without first obtaining
a permit to do so from the Town, except as otherwise provided in this
chapter. No permit to make an excavation or fill an excavation in
any public place shall be issued except as provided in this chapter.
A.
A permit fee shall be paid to the Town; a copy of the receipt shall
accompany the application. The Town may charge reasonable costs of
replacement of street and sidewalk openings. All fees required by
this article shall be established by the Board of Selectmen and published
within a schedule of fees, which the Selectmen may amend from time
to time according to the procedures required for taking actions at
meetings of the Board.
[Amended 6-11-2018]
B.
Special conditions:
(1)
There will be a minimum charge made for any street
or sidewalk opening equivalent to three square yards, assessed at
the appropriate unit rate above.
(2)
Where three or more street openings are made in sequence
(15 feet or less, center to center, between each adjacent opening)
the permittee shall be charged for one opening measured from the first
opening to the last opening.
(3)
For street openings exceeding 100 square yards, a
utility company or contractor may request the Town's permission to
contract privately for the street or sidewalk repairs. If the Town
agrees, the utility company or contractor shall post a bond for the
estimated amount of the street opening times the appropriate unit
rate above. Street repair work must be done to Town specifications,
and it is subject to inspection by the Town Manager.
A.
Special deposits. The application for an excavation
permit to perform excavation work under this chapter shall be accompanied
by a cash (or check) deposit, payable to the Town of Madison, Maine,
to be deposited with the Town Treasurer in accordance with the rates
set forth herein.
B.
Any special deposit made hereunder shall serve as
payment for the permanent repair of the excavation, after the excavation
is completed and proper time has elapsed for settlement and the repair
of said settlement by the permittee.
C.
Refund or billing. Upon the completion of the excavation
work and after settlement has stabilized, a measurement shall be made
by the Town of the size of the opening and a bill or refund will be
mailed to the permittee depending upon the costs of said opening to
be repaired. Cost of repair of openings will be a factor of the total
number of square yards multiplied by the rate set forth herein.
D.
Public utility companies. Where excavations are made
by public utility companies operating under a franchise issued by
the Town or under the supervision of the Public Utility Commission
or utilities operated by governmental agencies, a permit may be granted
without making such deposits. In such cases, the utilities shall be
liable for the cost of the repair of the opening, which is a factor
of the total amount of square yards multiplied by the rate set forth
herein. However, the Town may, in the future, require such deposit
from any utility if a bill rendered in accordance with this section
remains unpaid 60 days after the date of billing.
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 all other vital equipment as designated
by the Town.
A.
The permittee shall in general maintain safe crossings
for two lanes of vehicle traffic at all street intersections where
possible and safe crossings for pedestrians at intervals of not more
than 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 wide enough to hold the
excavated material without using part of the adjacent sidewalk, a
passageway at least 1/2 of the sidewalk width shall be maintained
along such sidewalk line.
B.
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 in the vicinity of all excavations affecting vehicular,
pedestrian, and bicycle traffic shall be subject to final review and
approval of the Town Manager or his designated representative.
C.
Barriers, warning signs, lights, etc., shall conform
to the latest edition of the "Manual on Uniform Traffic Control Devices."
Warning lights shall be electrical markers or flashers used to indicate
a hazard to traffic from sunset of each day to sunrise of the next
day. Electrical flashers or markers shall emit light at sufficient
intensity and frequency to be visible at a reasonable distance for
safety. Reflectors or reflective material may be used to supplement,
but not to replace, light sources.
D.
The permittee shall take appropriate measures 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
and to the general public.
E.
When traffic conditions permit, the Town Manager or
his designated representative, with the approval of the Police and
Fire Departments of the Town, may by written approval, permit the
closing of streets and alleys to all traffic for a period of time
prescribed by him, if in his opinion it is necessary. The written
approval of the Town Manager 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 written notice
is given.
F.
Warning signs shall be placed far enough in advance
of the construction operation to alert traffic within a public street,
and cones or other approved devices shall be placed to channel traffic,
in accordance with the instructions of the Town Manager, after his
review of the proposed traffic control measures for the project.
G.
The permittee shall hereby be informed that the Town
may require special police protection at the location where the permittee,
by his work, interferes with these designated school walk routes or
crossing locations.
A.
The permittee shall not interfere with any existing
facility without the written consent of the Town Manager and the owner
of said 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 be borne by the permittee. The cost of moving privately
owned facilities shall be similarly borne by the permittee unless
other arrangements are made 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 said work. The permittee
shall secure approval of method of support and protection from the
owner of the facility. In case any of said pipes, conduits, poles,
wires or other apparatus should be damaged, and for this purpose pipe
coating or other encasement 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 subsection that permittee shall assume all
liability for damage to facilities and any resulting damage or injury
to anyone due to such facility damage and such assumption of liability
is a contractual obligation of the permittee.
B.
The only exception will be such instances where damage
is due, exclusively, to the negligence of the owning utility. The
Town shall not be made a party to any action because of this subsection.
The permittee shall inform itself as to the existence and location
of all underground facilities and protect the same against damage.
The permittee shall not remove, even temporarily,
any trees or shrubs which exist in the street area without first obtaining
the consent of the appropriate Town department or Town official having
control of such property.
A.
All material excavated from trenches and piled adjacent
to the trench or in any street shall be piled and maintained in such
manner as not to endanger those working in the trench, pedestrians
or users of the streets, and so that as little inconvenience as possible
is caused to those using the streets and adjoining property. Where
the confines of the area being excavated are too narrow to permit
the piling of excavated material beside the trench, the Town shall
have the authority to require that the permittee haul the excavated
material to a storage site and then haul it back to the trench site
at the time of backfilling. It shall be the permittee's responsibility
to secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites.
B.
All material excavated shall be laid compactly along
the side of the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Town. Whenever necessary in order to abate the dirt
or dust nuisance, the application of calcium chloride may be required
by the Town, at the expense of the permittee.
A.
All excavations on paved street surfaces shall be
precut in a neat straight line with pavement breakers or saws.
B.
Heavy duty pavement breakers may be prohibited by
the Town when the use endangers existing substructures or other property.
C.
Cutouts outside of the trench lines must be normal
or parallel to the trench line.
D.
Pavement edges shall be trimmed to a vertical face
and neatly aligned with the center line of the trench.
E.
Unstable pavement shall be removed over caveouts and
overbreaks and the subgrade shall be treated as the main trench.
Fine material, free from lumps, stones larger
than three inches in any diameter, and any frozen material selected
from the spoil shall be thoroughly compacted around and under the
substructure to the upper level of such substructure. Above the upper
level of the substructure, backfill material shall be placed in lifts
of eight inches to 10 inches and compacted thoroughly by approved
mechanical compactors. Within 18 inches of the subgrade of the pavement,
backfill shall be of good, clean, bank-run gravel, compacted in eight-to-ten-inch
lifts. The Town may require soil tests to be furnished by a recognized
soil testing laboratory or registered professional engineer specializing
in soil mechanics when, in its opinion, the backfill for any excavation
is not being adequately compacted. In order for the resurfacing to
be permitted, such tests must show that the backfill material meets
the minimum requirements as prescribed by the Town. All expense for
such tests shall be borne by the permittee.
A.
By the Town. Permanent resurfacing of excavations
shall be made by the Town. The top surface of the backfill shall be
covered with three inches compacted depth of bituminous temporary
resurfacing material, by the permittee. Such temporary paving material
shall be cold mix, except that the permittee may use or the Town may
require hot mix. All temporary paving material shall conform closely
enough to the level of the adjoining paving surface and shall be compacted
so that it is hard enough and smooth enough to be safe for pedestrian
travel over it as well as for vehicular traffic to pass safely over
it at a legal rate of speed. The permittee shall maintain temporary
paving for a period not exceeding six months after all backfilling
is completed, unless additional time is required by the Town and shall
keep same safe for pedestrian and vehicular traffic until the excavation
has been resurfaced with permanent paving, by the Town, except that
if it is not possible to maintain the surface of the temporary paving
in a safe condition for pedestrian travel or vehicular traffic, then
the permittee shall maintain barriers and lights where required herein.
B.
By the permittee. Upon completion of the backfilling
and temporary resurfacing of an excavation within a public place for
the installation or removal of a substructure, the Town, at its option,
may allow the permittee to permanently resurface that portion of the
street surface damaged by the permittee's excavation. In which event,
permanent resurfacing shall be done in a manner and under specifications
prescribed by the Town and subject to inspection by the Town and shall
be completed within a period of 90 days after such authorization to
complete the final resurfacing. If such permanent resurfacing is satisfactory
to the Town, all charges for resurfacing will be canceled.
A.
By the Town. Permanent resurfacing of excavations
in the sidewalk area shall be made by the Town. If a large amount
of square yardage is involved (100 square yards or more) the permittee
may repair the sidewalk area under the direct supervision and specifications
of the Town.
B.
By the permittee. Upon completion of the backfilling,
the permittee shall place one inch of temporary paving material (cold
mix) on the top surface of the backfill to protect the pedestrian
travel on the sidewalk excavated and shall maintain such temporary
patch for 90 days after backfilling is completed.
The maximum length of open trench permissible
at any time shall be 200 feet, and no greater length shall be opened
for pavement removal, excavation, construction, backfilling, patching
or any other operation without the written permission of the Town.
After an excavation is commenced, the permittee
shall prosecute with diligence and expedition all excavation work
covered by the excavation permit and shall promptly complete such
work and restore the street as specified herein. The permittee shall
perform such restoration work so as not to obstruct, impede or create
a safety hazard to public travel by foot or vehicle.
When traffic conditions, the safety or convenience
of the traveling public, or 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 of
men and adequate facilities be employed by the permittee beyond the
normal working hours including up to 24 hours a day to the end that
such excavation work may be completed as soon as possible.
Nothing in this chapter 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
conduit or pipe, or for making 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 is
started, the person or utility excavating must contact all utilities
for on-the-spot locations.
Each permittee shall conduct and carry out excavation
work in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris.
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 bench mark
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 bench marks 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.
No person or utility shall remove, damage, haul
away or cause misalignment of any granite curbing, including radius
curb and catch basin stones, for any reason whatsoever without first
receiving written permission from the Town. Any curb missing, damaged,
or misaligned shall be replaced or aligned by the permittee.
Any bituminous curbing damaged during the course
of excavation work or any other reason shall be replaced by the permittee.
No person or utility shall be granted a permit
to excavate or open any street or sidewalk from the time of December
1, each year, to March 31, of the following year, unless an emergency
condition exists and permission is obtained in writing from the Town.
Any person or utility wishing to obtain a street opening permit between
these dates shall first explain to the Town, fully, in writing, the
emergency situation existing, before issuance is granted. If a hazardous
condition which could endanger life and/or property exists, excavation
work shall not be delayed by this section of this chapter; however,
a written explanation shall be delivered to the Town as soon as possible
and a street opening permit for the opening made.
No person or utility shall, without written
permission of the Town, install any substructure, except manholes,
vaults, valve casings, culverts and catch basins at a vertical distance
less than:
A.
Streets: 24 inches below the established flow line
of the nearest gutter.
(1)
If said flow line is not established, then the depth
shall be at a minimum of 24 inches below the surface of the nearest
outermost edge of the traveled portion of the street.
B.
The minimum depth of any substructure shall be 18
inches below the top of the established sidewalk or curb when such
substructure is at right angles to the parkway.
C.
Other public places. The minimum depth of any substructure
on any other public place shall be 18 inches below the surface; provided,
however, that the Town may permit a lesser depth in special cases.
The Town shall make inspections as are reasonably
necessary in the enforcement of this chapter. The Town shall have
the authority to promulgate and cause to be enforced such rules and
regulations as may be reasonably necessary to enforce and carry out
the intent of this chapter.
This chapter shall not be construed as imposing
upon the Town or any official or employee any liability of responsibility
for damages to any person injured by the performance of an excavation
work for which an excavation permit is issued hereunder, 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.
A.
Any person who continues to violate any provision
of this chapter after receiving notice of such violation shall be
guilty of a misdemeanor and subject to a fine of up to $100 for each
violation. Each day such a violation is continued is a separate offense.
B.
If the work or any part thereof mentioned in the preceding
sections of repairing or backfilling the trenches or excavations aforesaid
shall be unskillfully or improperly done, the Town shall cause the
same to be skillfully and properly done, and shall keep an account
of the expense thereof, and in such case, such person or utility shall
pay the Town an amount equal to the whole of said expense incurred
by said Town with an additional amount of 50%. Thereafter, upon completion
of the work and the determination of the costs thereof, the Town shall
issue no further or new permits to any person or utility until it
has received payment of said costs.
C.
Any person or utility continuing to violate any section
of this chapter shall receive no further permits until such time as
the Town is satisfied that the person or utility shall comply with
the terms of this chapter.
