It is unlawful for any person(s) to cause to be made any excavation or dig up paving in any public street or Town-owned property until such person(s) has received a written permit therefor from the Commissioner of Public Works, except in an emergency; in which case such permit must be secured within 24 hours after the street has been opened.
The Commissioner of Public Works is authorized to issue permits and is to keep a record of all permits granted.
Any person(s) must make payment for an excavation permit calculated by square yardage with the surface condition as set out in Appendix A. Plans are to be submitted to the Commissioner of Public Works, showing the location, width and length of the trench opening.
Editor's Note: See § A-15
Densities for all backfill must meet the "Standard Specifications of the Maine Department of Transportation" for the type of surface being excavated. Compaction is to be in lifts no greater than 12 inches. Trenches may not have any visible surface water prior to backfilling.
Contractors or individuals working within or on Town property must submit a certificate of insurance that meets or exceeds the "Town of Kittery Minimum Insurance Requirements for Contractors or Individuals."
Operations and excavations must meet all applicable state and federal regulations, including but not limited to traffic control in conformance with "Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations"; utility notification to Dig Safe; Kittery Water District and Sewer Department, and the work conditions must be in conformance to the standards of the Occupational Safety and Health Administration (OSHA).
When a person is permitted, in accordance with the provisions of this chapter, to occupy any part of a street for building purposes, such person must erect and maintain, around the part so occupied, a sufficient fence to prevent injury to persons or vehicles passing the premises and keep the same properly lighted at night. Temporary sidewalks are to be provided when requested by the Commissioner of Public Works.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
Editor's Note: Added at time of adoption of Code (see Ch. 1.1, Code Adoption).