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HomeMy WebLinkAbout1971-04-12 159-Y ORDINANCE159-Y Introduced by Councilor Bswntas, April 12, 1971 CITY OF BANGOR QITLEJ Amending cheater Vl, Article a - Stre Be a ordained by tM City Castes! oftle ME of Bangor. ae follows: TRAT CHAPTER VIt ARTICLE 8 - STREET OPENIN03 be deleted in its entirety and the attached Ordinance substituted therefor. 159-Y ORDINANCE i ' FZ LC:EfVED (l Aumding snap. vx Ade B - street 1771 ADP -8 RM 11: 29 ,) one:u:wa CITY CLEPK S OFFICE CRY r.c PW IR MAINE ft esd IN CITY April 12, 1901 Passed let and And readings by th OmciLmn following yes and n vote: Cou c lore voting yes: Baldacol, Ballon, Bigney, Councils, Ccox, ey. s dd[mnee f5 CW:pf[Ly wynAVWrf _ absent: Councilors abeenb M1na : Nealley. consider to Public Caomdttee consider neat meeting. C CLERK N CITY COUNCIL April 26, 1971 XPEPHIPW M Engrossed, PASSM add and final l'ryrusaei ptlirmces. reading by the following yes and no vete; Ceancilore.voting yes: Baldacci, Ballou, Bigney, Brountas, d Cohen, Cow, Ninely, Mooney, Nealley. - CI '.'CLERK CHAPTER VI ARTICLE 8 - STREET OPENINGS Sec. I Permits Ch. VI; Art. 8 Sec. I - Sec. 4 1.1 Permit Required. It shall be unlawful for any person, firm or corporation to tunnel under or to make any a n excavation i any r street, alley o other public place in the city without first having obtained Street Opening Permit from the City Engineer. All permits will be issued in accordance with the provisions of Title 23, Chapter 307, Subchapter II of the Maine Revised Statutes Annotated.' 1.2 Hinter Permits. No Street Opening Permit will be issued 3 ween eca r ;at in any one year and April Ist in the following year except for an extreme emergency. 1.3 Sewer Entry Permits. All street openings for the purpose of installing new sanitary or storm sewer connections to city mains shall be subject to all of the regulationsset forth hereinafter relative to private utility connections, except that prior to the issuance of said permit, the payment of any outstanding assessments far the city sewer construction will be required in addition to the street opening fee. Sec. 2 Skill Required. All work in connection with the excavation and backfill of any opening in a public way shall be performed only by approved contractors or by the forces of the particular utility concerned. Adequate equipment shall be employed so s to expedite the Completion of the work, and proper construction methods shall be used, as hereinafter described. Sec. 3 Authority of the Engineer. All work in connection with street openings will be subject to the inspection and approval of the City Engineer or his authorized representative. The Engineer shall decide as to the adequacy of the materials to be used, extra safety precautions which may be required to protect the Public, and the.: scheduling of the work to be performed. Except s hereinafter specified, no backfilling operations shall be allowed prior to the examination of the work by the Engineer. Sec. 4 Applicant's Responsibility for Street Iranian . 4.1 Openings by Otility CaT les. Utility companies will be requgre to o,TTit a,n separate permits for each street opening. The utility company shah be responsible for performing all backfill .operations, including the replacement of roadway gravel and temporary patching of the surface. The utility company may Ch. IV{ Art. 8 Sec. 4 also replace the permanent surface pavement, and in such cases no charge will be made for the street opening permit. If the utility company desires that the pavement be relaid by the city, then a charge will be made for each permit issued, in accordance with the schedule contained in Sec. 4.3 herein, to cover the cost of the pavement replacement by the city. The Engineer reserves the right to require notification from the utility com- panyprior to the start of backfilling operations so that inspec- tion can be made. 4.2 Private Connections. Any person, firm, or corporation desiring to open any portion of a public way for the purpose of installing, repairing, replacing, axamining, o attempting to locate any private on utility connection must first obtain a permit from the City Engineer. Prior to the issuance of said permit, the applicant shall pay to the City Treasurer an amount to cover the coat of the replacement of the paved surface, in v accordance the schedule of charges contained herein. The applicant will be responsible for all work except the placement of the paved surface. No Back- filling shall be allowed without they,prior examination of the work by the City Engineer's representative. Trenches backfilled with- out the Engineer's approval will be subject to the corrective work outlined in Sec. 7.1 herein. 4.3 Schedule of Charges for Street Openings. The amount to be paid for street opening permit will be based upon the City Engineer's estimate of the quantity of pavement which will require replace- ment at the following applicable unit charges+ Type of Repair Repaired Unit Cost Bituminous on concrete base $10.00 per sq. yd. Portland cementconcrete 7.00 per sq. yd. o Bituminous concrete 6.00 per sq. yd. Cold patch 5.00 per sq. yd. Plain gravel surface or shoulder 1.00 per sq. yd. Grass or sad 1.00 per sq. yd. Curb 2.00 per tin. ft. Sewer connection device (see sec. 7) 10.00 each Emergency permits issued during the winter months will require a additional payment to cover the cost of temporary surface patching until the patch can be replaced with the permanent surface in the spring, as described in Sec. 6.3 herein. The charge for temporary patching will be estimated by the City Engineer, but will not be less than twenty-five dollars ($25.00). The actual opening will be measured by a representative of the City Engineer. If the actual area a of the opening is greater than the estimated area, the additional charges will be billed. Conversely, underruns of more than one dollar ($1.00) will be refunded. Ch. IV; Art. 8 Sec. 5 Sec. 5 Procedures for Excavating and Backfillins. 5.1 Protective Measures. It shall be the duty of every person cutting r making an excavation inor upon any public place, to place and maintain barriers andwarning e ing devices necessary for the safety of the general public.The barriers and swarning devices shall be approved by the City Engineer or his authorized repre- sentative. Appropriate measures shall be taken to assure that during the performance of the excavation work, traffic condition, s normal as possible shall be maintained at all times soas to minimize inconvenience e to the occupants of the adjoining property andto thegeneralpublic. If it becomes necessary ary to close the street to traffic to permit the work, priorapproval of said closing shall be obtained from the City Engineer. The work dhalI be conducted in such amanner so s to prevent damage to adjacent property and should such damage o, the property shall be restored to its original condition, as directed by the City Engineer. The a vating materials shall be placed in a location so as not to endanger those working in the trench, pedestrians or users of the street. 5.2 Excavating. It shall be unlawful to make any such excavation r tunnel in any way contrary too at variance withthe terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. No injury shall be done to any pipes, cables, or c ontluits in the making of c such excavations or tunnels; and noticeshall be given to the persons maintaining any such pipes, cables or conduits or to the city department or officer charged with the coca thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage o injury shall be done to any vee or shrub rnthearoots thereof. 5.3 Backfilling. Whenever a permit has been issued for a street opening and the excavation vation has been made, the trench o opening shall be backfilledwith the same material that w removed from the trench to within one foot of the existing pavement, x except as may be hereinafter provided. The top 12 inches of the trench shalt be filled with approved bank -run gravel. If a permit i issued during the winter time and the excavated material freezes, this frozen material shall not be replaced in the trench but shall be removed from the a a and disposed of and the excavated area backfilled with an unfrozen material similar to that vedto within 12 inches of the surface. If the material excavated con- tains too much moisture for proper compaction, it shall be removed Ch. IV' Art. 8 Sec. 5 - Sec. 6 and replaced with suitable backfill material. 5.4 Tam�i 9 B�ack�fil�l. All backfilling shall be thoroughly tamped or ompacted either by hand tamping or power tampers. The first 6 inches of fill over the structure or pipe in the trench shall be hand tamped. The balance of the filling shall be thoroughly tamped and, if hand tampers are used, it shall be placed in lay- ers over 6 inches thick. If power tampers are used, back- filling material may be placed in 12 inch layersand thoroughly compacted. Puddling of the backfill will not be permitted except by special permission from the City Engineer. All material excavated for the trench shall be replaced in the trench except forthe amount which may be displaced by the use of gravel for the top 12 inches. All backfill shall be compacted to meet at least 90 percent of total compaction as measured by the Proctor test. Sec. 6 Replacement of Surface. 6.1 Hot Asalt Paving on Rigid Base. When a opening i made on a streph et where the su rface icement c rete, premixed surface of tar orasphalt or granite block o ac rete base, the concrete shall be cut back at least 8 inches beyond the edges of the trench after the backfilling has been completed and before the concretenew c patch is replaced. All reinforcing steel encountered when r removing the concrete shall not be cut off but shall be retained and used for reinforcing in the n rete when placed. In addition to the retained reinforcing, additional reinforcing steel shall be furnished to provide the equivalent of � inch steel rods on 12 inch centers both ways in the new concrete patch. The thickness of the concrete in the new patch shall be at least 4 inches thicker than the existing c rete and the top surface of the concrete in the patch shall be finished to conform with the surface of the old concrete. This n concrete shall be protected m froall traffic for not less than seven days after being placed. Where granite block is encountered under the paving, these blocks shall be removed and the area o replaced with concrete i c ordance with the requirements above described. Aftern the concrete has been Placed and before the permanent paved surface is putback, the fisting paving shall be enlarged at least 4 inches on all sides, and the edges of the old paving painted with an asphaltic liquid before the new paving is put in place. 6.2 Bituminous Paving on Flexible Base. When a street opening permit ssue on street which has been constructed for heavy traffic and has a bituminoussurface without a o cement concrete base, the same amount of gravel and/or crushed rock shallbe replaced in the trench as is removed when the excavation is made where this material exceeds the 12 inch depth as specified in Sec. ¢a. When crushed rock i encountered directly below the bituminous pavement, a like amount ofcrushed rock shall be replaced and this crushed rock shall be penetrated with an approved liquid asphalt at the rate of Ch. Iv: Art. B Sec. 6 - Sec. 7 at least one gallon per square yard before the permanent surface is replaced, and the existing paving shall be enlarged at least 8 inches on all sides and the edges painted with an asphaltic liquid before the new paving is placed. 6.3 Temporary Surfacing. On all streets where a permanent pavement z�een butTt� the permanent surface shall be replaced after the trench has been properly backfilled except that when openings are authorized after November i in any one year, a temporary surface of premixed bituminous material shall be used and this temporary patch shall remain until the following year when the permanent surface shall be replaced. On all other streets, the trench shall be patched with premixed bituminous material as soon as the back- filling has been completed and the joints between the old and the new material shall be sealed to prevent surface water from pene- trating through the joint. In all cases whenever or wherever a street opening has been made in any road, street or sidewalk having a permanent or simipermanent surface, the edges df the pavement shall be squared up before the permanent patch is replaced. Sec. 7 Sewer Connections to City Mains. All work relative to connecting a house Sewer r yard drain to a city m shall be performed by a approved contractor, only under the direct supervision of the Engineer. The city will provide the proper connecting device or fitting to serve s the e Joint between the private sewer and the city drain, and will furnish the necessary tools for cutting and tapping asbestos shant pipe, for a fiat fee of ten dollars ($10.00). The contractor all furnish the mortar, ter, lead, jute, or any other waste necessary ary to properly seal the connection to the satisfaction of theEngineer. If the city main is damaged or broken by the contractor due to relessness, then the damaged or broken section of main will be rmoved and replaced by city crows, and the costs of said work well be billed to the applicant. Sec. B Penalties 8,1 Replacement of Defective. Work. If any part of the work specified above relative to repairing or filling the trenches or excavations shall be unskillfully or improperly done, the Engineer or his representative may direct that the work be re -excavated and replaced in a proper hater, or that other corrective action shall be taken to properly repair the trench and the pavement surface. If the applicant does not repair the defective work within three (3) days of notice, then the Engineer will act to have the work performed by the ci ty, and the applicant shall pay a penalty equal to the whole of said expense incurred by the city, with an addition of 50 percent. Thereafter, upon completion of the work and determination of the cost thereof, the City Engineer shall issue no permit to the applicant until he shall receive, to addition to the fees provided, ;r-:-% 'to Ch. IV{ Art. 8 Sec. the a ount of the penalty as by this section provided and determined. 8.2 Violations. Any person, firm, or corporation who shall dig or make aexcavation i any portion of the public way without first obtaining permit, or who having obtained such permit shall disturb a greater area of surface than specified in such permit, may be punished by afine of twenty-five dollars ($25.00) for each offense.