[Amended 7-27-2004 by Ord. No. 2004-32; 6-20-2006 by Ord. No. O-06-15; 3-31-2015 by Ord. No. O-15-03]
The purpose of this article is to establish standards for excavations
in public rights-of-way and to regulate and improve the safe flow
of traffic through work zones.
This article is adopted pursuant to the Annotated Code of Maryland
Article 23A, the Transportation Article, § 25-106, and the
Charter of the City of Hagerstown, which provide that a local authority
may require the placement of appropriate traffic control devices to
carry out the Maryland Vehicle Law.
A.Â
Pavement openings in existing streets, alleys or other public rights-of-way
shall require a permit for street opening issued by the City Engineering
Division. Work plans and traffic control plans shall be required and
approved prior to issuance of the permit. Emergency street openings
can be made without a permit by public utility companies. In such
cases, a permit shall be obtained at the earliest possible time, but
not more than 24 hours after the excavation is made. (In case an emergency
occurs on a weekend or holiday, a permit should be obtained within
the first eight working hours of the Engineering Division).
B.Â
It is the intent of the City to charge a permit fee which approximates
the actual cost of required inspection services, the loss of the useful
life of the affected street or alley and the increased maintenance
efforts by the City to attend to the street patch over the future
years. A permit application fee of $25 will be charged in addition
to a pavement degradation fee and marking damage fee in accordance
with the following schedule:
Type of Street
|
Individual Trenches
[trench less than or equal to 25 linear feet
(fee per each individual trench)]
|
Continuous Trenches
[overall trench greater than 25 linear feet
(fee charges per 100 linear feet or parts thereof)]
| |
---|---|---|---|
Newly constructed streets (year 0 through 3) (only emergency
digs allowed)
|
$1,000
|
$1,500
| |
Newly constructed streets (after year 3, prior to overlay)
|
$150
|
$250
| |
Overlay streets (year 0 to 3)
|
$400
|
$500
| |
Overlay streets (after year 3 to next overlay) or grass and
sidewalk areas
|
$150
|
$225
|
(1)Â
Where existing traffic lines or traffic markings exist and are destroyed
by the permittee's work, a marking damage fee shall be levied to cover
the cost of the City to replace or repaint these traffic lines and
markings as follows, with a minimum charge of $5:
(2)Â
Existing traffic signs shall be maintained in work zones by the permittee
and shall only be removed with permission by a representative of the
Engineering Division. Where existing traffic signs are misplaced or
destroyed by the permittee's work, the permittee shall correct the
situation within two working days. If the permittee fails to correct
the situation, the City Department of Public Works shall correct the
situation and the permittee shall reimburse the City for all costs.
C.Â
In addition to the current permit fee required herein, a technology
fee of $25 will be required in connection with the issuance of each
permit.
D.Â
Except in case of an emergency, open cutting of streets constructed
or overlaid within the last three years is prohibited when other alternative
construction methods are available. When open cuts are the only alternative,
the size of the opening shall be minimized.
E.Â
It shall be the responsibility of all utilities to complete all necessary
main and lateral upgrades on all streets scheduled to be resurfaced
prior to the start of the overlay. A fifty-percent reduction in permit
fees shall be granted to utilities performing mainline replacements
(in excess of 25 linear feet) within two years prior to a scheduled
overlay.
F.Â
Construction plans and specifications along with a traffic control
plan shall be submitted to the City Engineer for approval prior to
receipt of a permit. A copy of the permit shall be available for inspection
at all times at the construction site while work is in progress.
G.Â
Utilities shall assume full responsibility to the State Highway Administration
for securing permits required for openings and their repair on U.S.
Route 40.
A.Â
Prior to the issuance of a permit for work and/or excavation within
a City right-of-way, the City Engineer may require a performance surety.
If required, the permittee shall file with his permit a performance
surety. This shall be presented in a form acceptable to the City Attorney.
The surety shall be in an amount not less than the estimated value
of the restoration of the public right-of-way costs. Said surety shall
be in full force and effect until after final inspection and acceptance
by the Engineering Division of the restoration work.
B.Â
For utilities that require frequent permits, the City Engineer may
request an annual surety for work anticipated in the following calendar
year. The amount of said surety, to be determined by the City Engineer
during the first week in December of each year, will cover a one-year
period beginning January 1.
A.Â
All permits shall be valid for a period of 45 days unless it is determined
by the City Engineer that the nature and scope of the project justifies
a longer period. This time exception shall be requested by the permittee
and shall be identified on the permit.
B.Â
At the expiration date of the permit, the repairs shall be complete and ready for inspection. If the permit expiration date is between May 1 and October 31, the work done under these permits shall be permanently repaired in accordance with the Public Ways Construction Standards. Failure to comply with this section shall be considered a municipal infraction and subject to a daily penalty set forth in § 216-35.
C.Â
Work done under permits expiring between November 1 and April 30 can be temporarily repaired in accordance with § 216-33. The permanent repair shall be done during the following months of April through May 30. It shall be the permittee's responsibility to maintain all temporary repairs until the permanent work is completed. Failure to comply with this section shall be considered a municipal infraction and subject to the daily penalty set forth in § 216-35.
The City Engineer shall require all work to be accomplished at such times or on such days as may be required to minimize traffic interference in accordance with rules and regulations established by the State Highway Administration and incorporated in § 216-34 herein. Restoration of the right-of-way structures and surfaces shall be done by the permittee. All costs shall be borne by the permittee. General requirements for street openings are as follows:
A.Â
A contractor, corporation, public utility or franchise utility shall maintain one lane of traffic, utilizing traffic control standards referenced in § 216-34.
B.Â
No more than 250 linear feet measured longitudinally shall be opened
in any street at any one time unless special permission is granted,
in writing, by the City Engineer.
C.Â
Any existing utility encountered or affected shall be protected from
damage. It shall be the permittee's responsibility to notify any affected
utilities involved. Damage caused by the contractor's work shall be
repaired at the contractor's expense to the satisfaction of the respective
utility or owner. Any damage to public street, curb, sidewalk, utilities,
storm drain, etc., caused by the permittee or his agents shall be
repaired to the satisfaction of the City by the permittee.
D.Â
Work interfering with the established drainage system shall be accomplished
with provisions made for temporary drainage facilities.
E.Â
Trench excavation, backfill, construction procedures and pavement
restoration shall be followed by the permittee throughout the progress
of the work and shall conform to City of Hagerstown Public Ways Construction
Standards and shall comply with federal safety regulations, as required
by law.
F.Â
Access to private driveways shall be provided except when actual
construction operations prohibit provision of such access. Free access
must be provided at all times to all fire hydrants, except those under
repair or otherwise deactivated. When a fire hydrant is to be deactivated
or temporarily put out of service, the permittee shall notify the
Fire Chief 48 hours in advance.
G.Â
Pedestrian movements shall be maintained. Temporary walkways are
required, when possible, for projects with a duration of more than
three working days. When sidewalks must be closed, closure and temporary
signage must comply with standard details available from the Engineering
Division.
H.Â
The construction site shall be thoroughly cleaned of all excavated
materials, tools, equipment, barricades or litter upon completion
of the work. While work is in progress, the site shall be left in
a neat and clean condition at the end of each working day with traffic
control in place and operational. Excavated materials shall be placed
so as to cause a minimum of inconvenience to public travel.
I.Â
Individuals, City departments, corporations, etc., making pavement
cuts, permanent street repairs, or excavation in the public right-of-way
shall be responsible for any work performed for a period of one year
after the expiration date of the permit, or one year after final inspection
and acceptance by the City inspector if such acceptance occurs before
the expiration date of the permit. If the repair becomes defective
in any way within the one-year warranty period, the permittee shall
replace or repair to City Standards and a new one-year warranty period
begins.
J.Â
It shall be the responsibility of the utility to notify the City Engineer prior to and after the completion of work when any traffic lane will be temporarily blocked or there are any deviations from the approved traffic control plans. Refer to § 216-34.
K.Â
When the utility is notified that the City is planning a street construction
or reconstruction project, the utility may be required to provide
the City, within 90 days of said notice, an engineering report on
the utility system in the project area. Said report shall include,
but not be limited to the following:
L.Â
All underground utilities marked with the rights-of-way of the City
of Hagerstown shall comply with the following color code set forth
by Maryland State Law:
Utility
|
Color
|
Symbol
| |
---|---|---|---|
Electric
|
Red
|
-E-
| |
Gas/oil
|
Yellow
|
-G-/-O-
| |
Communications
|
Orange
|
-Tel-/-Tv-
| |
Water
|
Blue
|
-W-
| |
Sewer
|
Green
|
-S-
| |
Proposed excavation
|
White
|
NOTE: Anyone intending to excavate shall contact
Miss Utility at 1-800-257-7777 a minimum of two working days before
the excavation is planned.
|
M.Â
General safety requirements to be followed by the permittee throughout
the progress of the work shall conform to Maryland Occupational Safety
Standards.
N.Â
Temporary traffic control signs, channelization devices and barricades
shall have suitable reflectorized portions to be effective at night
and shall be in conformance with the Manual of Uniform Traffic Control
Devices.
O.Â
At the end of each working day, excavations shall be plated, backfilled and temporarily restored with bituminous material or shall be adequately protected by barricades and devices per the Manual of Uniform Traffic Control Devices. Plates shall be securely anchored to the road surface, shall be ramped with bituminous asphalt and advance warning signs installed. Patches shall be permanently restored prior to the expiration date of the permit as outlined in § 216-32.
A.Â
Any person, firm, business, corporation or utility company, including
employees of the City, who has obtained permission to excavate any
of the streets, lanes or alleys of the City is required to take all
proper measures to ensure the safety of passing vehicles and pedestrians
from loss of life or injury to person or property. All temporary traffic
control measures shall comply with current Manual of Uniform Traffic
Control Devices (MUTCD) regulations and the Maryland State Highway
Administration's Book of Standard Traffic Control Plans. These MDSHA
traffic control plans may be modified with approval of the City Engineer
or his designee, when appropriate for conditions within the City.
B.Â
The Engineering Division shall review and approve all traffic control
plans. Special requirements may be placed on the permittee based on
traffic patterns, and additional restrictions may apply in the morning
and evening peak traffic volume periods.
C.Â
Emergency operations, at a minimum, shall use advance warning sign(s),
flashing lights on the vehicle and channelizing devices. For extensive
emergency operations it is expected that additional traffic control
devices will be placed as soon as possible to present an array of
devices which are consistent with the Manual of Uniform Traffic Control
Devices (MUTCD) regulations and the Maryland State Highway Administration's
Book of Standard Traffic Control Plans. These MDSHA traffic control
plans may be modified with approval of the City Engineer or his designee,
when appropriate for conditions within the City.
D.Â
For nonexcavation activities that are mobile, short-term or of short
duration (as defined in the MUTCD), traffic control shall still be
provided in accordance with the Maryland State Highway Administration's
Standard Traffic Control Plans and the MUTCD. Typically, mobile operation
shall utilize warning lights in front and rear of the vehicle, and
also a rotating and/or yellow flashing light on top of the vehicle.
However, there will be situations where additional traffic control
devices, such as signs, strobe lights, flags and/or channelizing devices,
should be used.
(1)Â
Additional traffic control devices should be placed in advance on
a hill or curve which obstructs the approaching traffic's view of
a stopped mobile operation. A vehicle should not occupy or be stopped
in a lane beyond a horizontal curve or vertical curve (hill). Vehicles
stopping are to be pulled as far off the road as possible or be otherwise
parked in a manner as to inhibit the movement of traffic as little
as necessary.
(2)Â
Mobile operations that encroach on a travel lane reducing the effective
lane width to less than nine feet may not take place during the aforesaid
peak hours.
E.Â
Prior to beginning any work operations, any person, firm, business,
corporation, utility company or governmental body which in the course
of its work operations will impede or impair the normal flow of traffic
must submit a traffic control plan to the City Engineer for approval.
The City Engineer or designee shall review the traffic control plan
for its adherence to the applicable traffic control standard drawings
and/or the MUTCD before granting a permit. The traffic control plan
in utility work areas will be kept on file at the Engineering Division
along with any subsequent additions or amendments thereto. An exception
to this will only be considered for emergencies and short-term (less
than one day) operations.
A.Â
When the City Engineer or his representative determines that a violation
of a City-issued permit or an approved construction plan has occurred,
the inspector shall notify the on-site personnel or the permittee
in writing of the violation, describing the required corrective action
and the time period in which to have the violation corrected.
B.Â
If the violation persists after the date specified for corrective
action in the notice of violation, the City Engineer or his representative
shall determine the extent to which work shall be stopped, which may
include all work on the site except that work necessary to correct
the violation, and issue citation. Except when specifically defined
otherwise herein, any violation of this article shall be considered
a municipal infraction. The penalty shall be $200 for each day the
violation occurs.
C.Â
If a person is working without a permit, the City Engineer or his
representative shall stop work on the site immediately, except activity
necessary to provide health and safety, until a permit is obtained.
Fees shall be doubled for said permit.
Whenever the City Engineer or his duly authorized representative
finds that work areas under a permit fail to conform to the approved
traffic control plan, to these rules and regulations or to the City
standards for pavement and street openings, he may, by written order,
suspend work until direct conformance has been achieved or he may
direct that such other measures be performed that he deems necessary
under the circumstances. In cases where the permittee is unable or
refuses to perform, the City Engineer may order the appropriate City
department or agent of the City to correct the problem and charge
the permittee for the cost of all labor, material and equipment, plus
15% for administration and billing.