Town of Cumberland, ME Article II Construction, Excavation and Heavy Loads

[Adopted 6-22-1998]

§ 200-6 Purpose.

This article has been enacted by the Town Council to regulate the use of public rights-of-way in the interest of public safety and convenience and to operate and protect public works infrastructure. Excavation and restoration standards are required to preserve the integrity, operational safety, and function of the public right-of-way.

§ 200-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADEQUATE SIGHT DISTANCE

Continuous and clear sight of 10 feet of sight distance for every one mile of posted speed limit. This standard may be reasonably reduced by the Public Services Director in circumstances where no reasonable alternative exists.

EMERGENCY EXCAVATION

An immediate excavation necessary to prevent personal injury, death or the loss or disruption of a private or public utility or service. The burden of proof of such emergency rests with the applicant.

EXCAVATION

Any operation in which earth, rock, paving or like material on or below the surface of the ground is moved, displaced, dug, trenched, tunneled or in any similar manner disturbed, except the agricultural tilling of soil or gardening.

PUBLIC ROAD

The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of traffic, except for private roads and private ways.

§ 200-8 Entrances to public roads.

A. Entrance permit required. No owner of property abutting upon any public road within the Town shall construct, cause or permit to be constructed, alter or relocate any driveway, entrance, or approach or other improvement within the right-of-way of such road or extending from such road onto his property except in accordance with an entrance permit issued upon his application to the Public Services Director and except for the bona fide purpose of securing access to his property. An entrance permit does not authorize parking or servicing vehicles within such right-of way. A permit fee established by order of the Town Council shall be paid for each permit. This article applies to all entrances to public roads proposed to be created after the effective date of this article.

B. Application. Application shall be filed with the Public Services Director together with an application fee as established by order of the Town Council. The applicant shall furnish a copy of plans or sketches showing the proposed entrance:

(1) Location(s), width, and arrangement;

(2) Distance between existing entrances within 100 feet of the proposed entrance(s);

(3) Distance(s) from the center line of the traveled way to any structures, gasoline pumps, or other obstructions within 100 feet of the proposed entrance(s), etc.;

(4) Length, size and location of existing pipes, culverts, catch basins or manholes, curbing, curb and gutter, and/or sidewalks within 100 feet of the proposed entrance(s); and

(5) The proposed location of new pipes, culverts, catch basins or manholes, curbing, etc.

C. Entrance standards. The location, design and construction of any entrance permitted shall be in accordance with the Public Services Department's rules and the following standards:

(1) Sight distance. All entrances shall be so located that vehicles approaching or using the entrance will be able to obtain adequate sight distance, in both directions, as defined in § 200-7.

(2) Grade. Entrance grades shall be at least a negative grade of 2% from the existing edge of pavement to an appropriate drainageway.

(3) Number. Not more than two entrances (or exits) shall be allowed on any parcel of property for which the frontage is less than 200 feet. Additional entrances (or exits) for parcels of property having a frontage in excess of 200 feet shall be permitted only after showing of necessity. When frontage is 50 feet or less, only one combined entrance and exit is permitted, the width of which shall not exceed 30 feet.

(4) Separation islands between multiple drives. Where culverts are not required or where they are continuous between entrances, an island raised not less than six inches above the surface of the adjacent drives is required. The island shall be curbed, seeded, sodded, or paved. If an open swale is used between entrances, the raised island is not necessary.

(5) Sidewalk and curbs. When sidewalk, curbing or curb gutter is to be removed, it shall be replaced at the owner's expense at the break points of the entrance. All curbing at the side of the entrance shall be rounded with a radius of not less than two feet.

(6) Drainage. Drainage in roadside ditches shall not be altered or impeded, and suitable, approved drainage structures shall be provided at all entrances. Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the road. Culverts or other provisions shall be made underneath the entrance or filled areas adjacent to the road adequate to carry the water in the roadside ditches. The size and adequacy of proposed drainage structures shall be approved by the Public Services Director prior to installation.

D. Heavily used entrances. Application for entrances to drive-in theaters, shopping centers, ballparks or other large public gathering places may be granted only after site plan review approval by the Planning Board based upon special studies and detailed plans and specifications as it may require.[1]

[1] Editor's Note: See Ch. 229, Site Plan Review.

§ 200-9 Excavation and utility installation.

A. Street opening permit required. No person or utility, except utilities performing emergency excavations, shall make any excavation in any public road without first obtaining a street opening permit from the Public Services Director or his/her designee. All such excavations are governed by this article.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Application. An application shall be filed by submitting a form provided by the Town of Cumberland to the Public Services Director or his/her designated agent. The completed application shall state the applicant's name, address, twenty-four-hour emergency phone number and the purpose of the excavation. Applicants shall provide a Dig Safe confirmation number on the application that is applicable to the proposed excavation site. The completed application shall also provide the name of location to be excavated, the beginning date of the proposed work, the completion date, and the name of the property owner for whom work is being done.

C. Conditions of permit. Upon review of completed street and sidewalk opening application, an opening permit will be issued. A fee established by order of the Town Council shall be paid for each permit or renewal thereof. Street opening permits shall be only issued from April 1 to November 30, unless an emergency or special circumstance exists. An explanation shall be given to the Public Services Director explaining the special situation or emergency prior to the issuance of a permit during the months of December 1 through March 31. Any oral explanation shall be followed up by a written explanation within two working days. Excavation work must be started not later than 30 working days from the date of issuance of the permit. After the expiration of the thirty-day period, such street opening permit shall become null and void. Notification shall be made to the Public Services Department on the actual day the work will begin. No work shall be done under the permit on Saturdays, Sundays, or holidays, unless approved by the Public Services Director. During all street excavations, one-way traffic shall be maintained for emergency vehicles. Temporary exceptions may be made only by the Fire/EMS Chief and only when another means of access is available.

D. Excavation standards. Applicants shall pre-mark the proposed area of excavation. Limits of pre-marked sites shall be within a reasonable area for purposes of the excavation. Identification shall be done using company or utility initials, in letters no larger than 12 inches high. Identification shall be placed in the area to be excavated so that the identification will be eliminated after the job is completed. The Town of Cumberland is an associate member of Dig Safe, Inc., and requires that Dig Safe, Inc., be contacted for all excavations on any public road within the Town of Cumberland.

E. Protection of public property. In the course of any excavation, individuals and/or utilities shall not remove any trees or shrubs which exist in the street area without first obtaining the consent of the Public Services Director.

F. Pavement breaking in streets. All excavations on paved street surfaces shall be precut in a neat, straight line with pavement breakers or saws. Cutouts of the trench lines must be normal or parallel to the trench line. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.

G. Pavement breaking in sidewalks. All parts of Subsection F shall also apply to sidewalks in all cases except concrete sidewalks. Concrete sidewalks shall be saw cut. Use of payment breakers will not be allowed. On concrete sidewalks, all cuts shall be made from the nearest joint or score line on the other side of the excavation. All sidewalk restorations shall be made to provide pedestrian ramps in accordance with the Americans With Disabilities Act and as required by the Public Services Department.

H. Backfilling.

(1) All backfilling of street openings shall be done in accordance with the following standards:

(a) All work must be conducted in strict accordance with the latest regulations of OSHA for excavations.

(b) All work must be protected from freezing.

(c) Temporary or permanent sheeting must be used to support the side walls where necessary to prevent undermining of the pavement.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(d) Whenever water is found standing in the excavation area, the water shall be removed by pump or other means before backfilling operations can commerce.

(e) Backfilling of excavations shall be performed by the permittee as soon as practicable so that the least possible subsequent settling will occur. Before backfilling operations shall begin, the permittee must notify the Director, allowing adequate time as determined by the Director for inspection.

(f) Granular borrow material selected from the soil, or delivered to the site, shall be spread in layers not exceeding eight inches in loose depth and thoroughly compacted around and under the appropriate bedding material for any substructure and used as backfill up to the bottom of the pavement structure subbase.

(g) Where the excavated material is primarily clay, it shall be allowed for use of backfill only upon the express approval of the Director, with the intention of minimizing differential settling.

(2) All remaining excavated material shall be removed from the job site and disposed of, as the permittee's responsibility, in such a manner that will minimize interference with pedestrian and vehicular traffic. No material shall be left within the right-of-way once the repair and/or installation is complete.

I. Pavement structure base and subbase materials. The pavement structure subbase shall be backfilled with crushed Type D gravel (or better) conforming to Maine Department of Transportation specifications. The crushed aggregate shall be spread in layers not exceeding eight inches in loose depth and compacted to no less than 95% of the maximum dry density of the material, ASTM D1557, to the depth required by the Public Services Director.

(1) The pavement structure base material will be crushed Type A gravel conforming to the Maine Department of Transportation specifications and ASTM D1557, to the depth required by the Public Services Director.

(2) The maximum dry density of the material to be used in the trench along with the corresponding moisture contents, in accordance with ASTM D1557, shall be filed at the time of application to obtain a permit. The Town reserves the right to verify maximum density and field density at any time.

J. Inspections. The Public Services Director or his/her designee shall make such inspections as are necessary in the enforcement of this article.

K. Restoration of surface in streets. All road surfaces shall be restored after an excavation in accordance with the following standards:

(1) Permanent resurfacing of excavation in streets and sidewalks shall be the responsibility of the permittee under this article.

(2) For temporary resurfacing on all arterial and connector type streets and when directed by the Public Services Director, the top surface of the backfill shall be covered with two inches compacted depth of bituminous temporary resurfacing material. Such temporary material shall be cold mix, except that the permittee under this article may use or the Town may require hot mix. All temporary material 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 the legal rate of speed. The permittee may maintain excavations in streets only with the written permission of the Public Services Director and provided that the trench is property maintained and covered with calcium chloride. The permittee shall maintain the temporary paving and trenches for a period not to exceed 15 calendar days. At this time, the contractor shall install a permanent patch over the excavation. All excavations shall be kept safe for pedestrian and vehicular traffic until the excavation has been permanently resurfaced by the contractor. If it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian and vehicular traffic, then the permittee shall maintain barriers and lights where required in this article until a permanent patch has been installed.

L. Proof of insurance. Applicants for street opening permits shall supply to the Public Services Department a certificate of insurance listing the Town of Cumberland as an additionally named insured. Coverage shall be maintained throughout the period of work performed under this article and shall not be for not less than the following amounts:

(1) General liability, including comprehensive form, premises/operations, underground explosion and collapse hazard, products/completed operations, contractual, independent contractors, broad form property damage and personal injury.

(a) Bodily injury and property damage each occurrence: $300,000.

(b) Bodily injury and property damage aggregate: $500,000.

(c) Personal injury aggregate: $300,000.

(2) Automobile liability, including any auto, hired autos and nonowned autos: $300,000 bodily injury and property damage combined.

(3) Workers' compensation and employers' liability.

(a) Each accident: $100,000.

(b) Disease, policy limit: $500,000.

(c) Disease, each employee: $100,000.

M. Excavations in reconstructed or repaved roads. After a public road has been reconstructed or repaved, no permit shall be granted to open such road for a period of five years unless an emergency condition exists or unless the necessity for making such installation could not have been reasonable foreseen at the time of the reconstruction or repaving. This subsection shall be void unless the Town shall have given 60 days' notice by registered mail of the impending work to the owners of property abutting the road and to all public utilities serving the road.

§ 200-10 Heavy loads. [1]

Upon the recommendation of the Public Services Director, and after seven days' notice published once in a newspaper of general circulation in the community, the Road Commissioner shall authorize posted registered gross vehicle weight limits on any Town public road.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-11 Performance guarantees.

Prior to the issuance of any permit, the Public Services Director shall set the amount of a cash escrow account to be held in a non-interest-bearing account to secure the completion of all work approved under any permit issued under this article.

§ 200-12 Violations and penalties.

Any person, firm or corporation who or which shall violate any provision of this article shall be subject to a fine in an amount established by the order of the Town Council. Each day of continued violation and every violation of a provision of this article shall constitute a new and separate offense. If any work performed under any permit issued under this article is not completed in compliance with the terms of this article, or if any work is undertaken without a required permit, the Town may cause such work to be repaired. In the event of such repair, the Town shall prepare a bill for the cost of the repair, with an additional amount of 50%. The Town shall issue no further permits to any person who has performed such work until the Town receives payment from the person for the repair work.

§ 200-13 Town held harmless.

The applicant shall hold harmless the Town of Cumberland 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.