HomeMy WebLinkAbout2009-11-09 10-007 ORDINANCECOUNCIL ACTION
Item No. 10 007
Date: 10-14-2009
Item/Subject: Ordinance, Amending Chapter 271 of the Code of Ordinances — Street
Openings and Utility Connections — Limitations and Violations and Penalties.
Responsible Department: Engineering
Commentary:
Recent concerns relating to tree damage caused by utility excavations disturbing root systems
of public trees to the extent that the viability of these trees has been damaged has led staff to
review our street opening and utility connections ordinance to address this issue. The proposed
ordinance amendment would require that applicants for a permit identify any trees that might
be disturbed by their work and authorizes the City to place conditions on how that work is to be
performed.
The amendment also sets forth the penalties that could be applied if a tree is damaged as a
result of work not authorized by the permit. In addition to the existing penalty of $100 to $500
per violation and a requirement that restitution be paid in an amount equal to the replacement
value of any tree that is destroyed, as set forth in the City's Tree Ordinance, the proposed
amendment would clarify the penalty language of the Tree Ordinance to ensure that utilities
and contractors are aware of these provisions. In particular, it would clarify how restitution
should be computed. For trees up to 2 inches in -diameter, restitution would be $200; for those
above 2 inches, a formula would be used. That formula would be: the diameter of the trunk in
inches squared times $40 + $200 up to a maximum amount of $2,500. For example, a 4 inch
diameter tree would be: 4 squared = 16 times $40 =$640 plus $200 = $840. The $2,500
maximum recognizes that trees beyond a certain size cannot be replaced.
Department Head
Manager's Comments: This has been discussed by the Infrastructure Committee and various
utilities have been notified and reviewed the proposal. A companion amendment to our tree
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ordinance appears elsewhere on the agenda. GG
City Manager
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Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Finance Director
,,//P
City Solicitor
Passage
X First Reading Page _ of
X Referral to Infrastructure Committee, 11-09-09 @ 5 p.m.
�. 10 007
ma Assigned to Councilor - Gratwick November 9, 2009
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CITY OF BANGOR
Off? R4TED" ED, Ff J-
(TITLE.) Ordinance, Amending Chapter 271 of the Code of Ordinances — Street Openings and
Utility Connections — Limitations and Violations and Penalties.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 271 Section 29, Permits, is hereby amended as follows:
C. Limitations.
(1) No street opening permit will be issued between December 1 in any one year and April 1 in the
following year except for an emergency.
(2) Permits will require the contractor to maintain temporary trench repair until such time as a
permanent repair can be made.
(3) The contractor shall perform any work requiring inspection by the city during normal weekday
working hours (7:30 a.m. to 5:00 p.m.), unless an emergency situation requires otherwise. The city
will bill the contractor for additional inspection costs for inspections outside these hours in
accordance with the fee schedule herein.
(4) The contractor shall schedule work within the street to avoid rush-hour traffic whenever possible.
(5) Prior to obtaining a street opening permit from the City, the contractor shall provide the City with a
dig -safe number. The contractor will also be responsible for contacting utilities not participating in
the dig -safe program.
(6) No public tree shall be damaged or removed unless specifically allowed by the permit.
7 Opgn excavations under the canopy or otherwise described as inside the drip line of any city tree or
privately owned tree whose canopy extends over a public right-of-way shall be avoided or
minimized to the maximum extent practicable Trenchless techniques are preferred work methods
in such areas Applicants for Utility Location or Street Opening Permits shall clearly indicate all
work conterriglated under tree canopies. Such work shall be reviewed by the Public Works Director
and may be subject to special requirements or limitations deemed necessary.for tree protection
said reguirements or limitations to be stated on the permit.
8 nnece a or unauthorized d ma e to city trees by e ui ment or Qersonnel while performiag
work required by the street opening permit shall be subject to penalties under section 271.36.8.3.
(9) The Public Works Director shall determine whether damage has been done to any city tree and
notify the pgrmit holder. If a tree shows signs of decline within one year of comi2letion of work
the hermit holder shall be notified of such decline and, based on the extent of the damage and
decline the Public Works Director shall determine whether the tree must be removed or monitored
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further. If further monitoring is required, a follow-up assessment shall be conducted within the
following year and a final determination will be reached as to whether the tree has sufficiently
recovered or mut be removed. The permit holder shall be respgnsible for unnecessa or
unauthorized damage to the tree throughout, but not extending beyond, this period.
BE IT FURTHER ORDAINED
That Chapter 271 Section 36 is hereby amended as follows:
§ 271-36. Violations and penalties.
A. Replacement of defective work.
(1) If any part of the work specified above relative to repairing or filling the trenches or excavations
shall be unskilfully or improperly done, the City Engineer or his or her representative may direct
that the work be reexcavated and replaced in a proper manner or that other corrective action
shall be taken to properly repair the trench and the pavement surface.
(2) If the applicant does not repair the defective work within 24 hours of notice, then the City
Engineer will act to have the work performed by the city, and the applicant shall pay a penalty
equal to the whole of said expense incurred by the city, with a surcharge of 50%. No additional
permits will be issued to the contractor until this cost has been paid.
(3) Thereafter, upon completion of the work and determination of the cost thereof, the City
Engineer shall issue no permit to the applicant until he or she shall receive, in addition to the
fees provided, the amount of the penalty as by this section provided and determined.
(4) The contractor shall be responsible for the work and shall hold the city harmless from any
claims resulting from the work.
B. Violations.
(1) Any person, firm or corporation who or which shall dig or make an excavation in any portion of
the public way or make connection to a public sewer or storm drain without first obtaining a
permit shall be required to pay an after the fact permit fee of $420.
(2) Additionally, any person, firm or corporation who violates the provisions of this article may be
perished, upon conviction, by be subject to a fine of not less than $100 for each offense. Each
day shall eenstitute a separate . Such fine may be levied against the contractor.
(3) Any person, firm or corporation damaging any city or privately owned tree shall:
a. Be subject to a fine of not less than $100 nor more than $500. Each act of violation shall
constitute a separate offense. Any such penalty shall inure to the benefit of the town,
and
b. Should any public tree be destroyed, the person causing the destruction shall make
restitution to the city in an amount equal to the cost to the City to remove the destroyed
tree plus its replacement value. Restitution shall be calculated as follows:
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1. For a tree un to and including 2 inches in diameter measured at a distance of 4.5
feet from the ground, the replacement value shall be $200;
2. The replacement value of a tree in excess of 2 inches in diameter as measured at a
distance of 4.5 feet from the ground shall be calculated by using the following
formula: restitution = ($200) + (da x $40) not to exceed $2.500, where d equals
the diameter of the trunk as measured in inches.
Additions are underlined.
IN CITY COUNCIL
November 9, 2009
First Reading & Referral to
Infrastructure Committee
Meet* g of 11/17/09 at 5pm
CITY CLERK
IN CITY COUNCIL
November 23, 2009
Motion Made and Seconded
for Passage
Vote: 3-6
Councilors Voting Yes:
Gratwick, Stone & Wheeler
Councilors Voting No:
Blanchette, Bronson, Hawes,
Nealley, Palmer & Weston
Fa"led Passage
CITYMK
# 10-007
(TITLE,) Amending Chapter 271 of the Code
of OirAinanrPic - Street Openings and Utility
GuneCt-loss - Limitations and Violations
ft"d Penalties
Assigned to Councilor