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
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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.