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Town of Woolwich, Maine Date:
_____________________________________________________________________ Permit is hereby granted to to dig and open
_____________________________________________________________________ square yards of surface at
_____________________________________________________________________ for the purpose of
_____________________________________________________________________ By Road Commissioner
I. PURPOSE AND AUTHORITY
The purpose of this Ordinance is to regulate excavation on the public streets or paved public ways of the Town of Woolwich in order to assure proper restoration of Town roads to their original condition. The Ordinance is adopted pursuant to the home rule authority of the Town, including 30-A M.R.S.A. §2101 et seq.
II. DEFINITIONS
Street and/or paved public way means any street, road or drive either owned by the Town, maintained by the Town or being a public right-of-way assigned to the Town.
III. PERMIT REQUIRED
A permit shall be required prior to the opening or excavation of any street or way, as described in section II, within the limits of the Town of Woolwich. Said permit shall be issued and enforced by the Road Commissioner of the Town or his designated agent on a form provided. A separate permit is required for each project. The permittee shall certify that notice to Public Utilities has been given pursuant to 23 M.R.S.A. § 3360.
IV. RESPONSIBILITIES OF PARTIES PERFORMING THE WORK
The party performing the street opening work by virtue of having acquired a permit, is required to perform the work in accordance with the following:
(a) The street and/or paved public way surface shall be cut in a straight line prior to excavation. The cut portion of the surface of the street and/or paved public way shall be cut back a minimum of six (6) inches on each side beyond the sides of the actual opening necessary to perform the work.
(b) All open trenches shall be barricaded with adequate warning lanterns lighted by sunset and kept lighted during all hours of darkness.
(c) The street and/or paved public way shall be back filled with State specification gravel with compaction to take place for every eight (8) inch layer and all gravel shall be firmly compacted.
(d) The street and/or public way shall be restored to the original grade and surface. Paved surfaces shall be restored with a minimum of two and one half (2 _) inches of black top compatible to the original surface.
(e) All drainage ditches and culverts shall be restored as closely as possible to their original condition.
(f) All material, signs, barricades and machinery shall be completely removed when the work is completed.
V. CONTINUING RESPONSIBILITY
The party performing the street opening work shall continue to be responsible for the condition of the opening and return to the site to make such repairs as are necessary in order to maintain the resurfaced excavation in a condition compatible with the original surface, for a period of thirty (30) days; said time period beginning with the time of completion of work at the site.
VI. LIABILITY
The party performing the street opening work shall be liable to the Town of Woolwich for any work the Town might be required to perform in those instances where the party refuses to complete work or to correct faulty work, after being given a reasonable opportunity to do so. This liability shall be to the extent of Town funds expended to complete or repair the work and said amount shall be due upon presentation of a statement to the party liable.
VII. VIOLATIONS
Any person performing work under the terms of a permit, who violates the terms of said permit, shall be subject to damages the Town incurs in restoring the site to a condition compatible with the original surface. The amount of damages shall be in addition to any amounts due and owing the Town under Section VI above. In addition, the Road Commissioner or his designee shall have the authority to terminate all work until such party is in full compliance with the term of the permit and all charges are paid in full.
VIII. APPEALS
An appeal may be taken from any decision of the Road Commissioner to the Board of Selectpersons, after which an appeal may be taken to the Superior Court of the State of Maine. The Board of Selectpersons shall affirm, modify or set aside the decision appealed from according to the terms of this Ordinance. The failure of the Board of Selectpersons to issue a written notice of its decision, directed to the appellant, within thirty (30) days from the date of filing of the appeal shall constitute a denial of the appeal. The appeal to the Superior Court shall be taken within thirty (30) days after the decision of the Board of Selectpersons.
IX. VALIDITY
The validity of any section or provision of this Ordinance shall not invalidate and other section or provision thereof.
X. AMENDMENTS
This Ordinance may be amended by a majority vote of the town meeting.
XI. EFFECTIVE DATE
This Ordinance shall become effective on the date of adoption.
The undersigned certifies that notice to Public Utilities has been given pursuant to Title 23 M.R.S.A. §3360
By
Contractor
Distribution:
1 COPY TO CONTRACTOR
1 COPY TO TOWN OFFICE
c:\wpdocs\street.frm
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