The Citizens of the Town of Mount Desert do ordain that a street opening ordinance be adopted as follows:
1. STREET OPENING PERMIT: Any person, firm, corporation or district desiring to make an excavation in any street or sidewalk shall first have the excavation contractor obtain a Street Opening Permit from the Superintendent of Public Works or his designee.
2. WHEN PERMIT ISSUED. No street or sidewalk opening permit shall be issued between November 1 in any year and March 15 in the following year except in an extreme emergency as determined by the Superintendent of Public Works or the town Engineer.
3. FEE: A fee of ten dollars ($10) shall be paid for the issuance of any excavation permit.
4. STREET REPAIR WORK. Street repair work must be done to the Town’s specifications, and is subject to inspection by the Superintendent of Public Works.
5. REPLACEMENT OF PERMANENT SURFACE. On all streets, where a permanent pavement has been built, a period of two (2) months shall elapse after a trench has been backfilled before the permanent surface is replaced, and during this two (2) month period, a temporary surface of premixed bituminous material shall be used.
6. BACKFILL. Excavated material will be allowed for use as backfill as long as it contains no rocks or pavement chunks larger than six inches (6”) diameter and can be compacted to meet the requirements of the Town of Mount Desert.
The last eighteen inches (18”) of backfill shall be a bank run or screened gravel having a maximum partial diameter of four inches (4”); fine sand is unacceptable.
The backfill shall be placed in maximum nine (9) inch lifts and compacted by power tampers of an approved type with a minimum energy of two hundred fifty (250) ft/lb. per square foot of tampins. (Backfilling a trench and compacting with a backhoe or truck is not acceptable except in special instances allowed by Superintendent of Public Works.
7. RESPONSIBILITY FOR COMPLIANCE. The Contractor or individual obtaining the permit shall assume full responsibility for performing this work in accordance with the foregoing regulations, subject to final approval by the Superintendent of Public Works.
8. OSHA REQUIREMENTS. The person or contractor doing the actual excavation shall be required to meet all OSHA Safety Requirements including those regarding depth of trench and shoring.
9. VIOLATIONS: Any person, firm, or corporation who violates, disobeys, refuses to comply with, or resists enforcement of, any provision of this ordinance or who begins excavation without a required permit shall be fined not less than ($100) nor more than ($2,500) for each offense. Each day in which a violation is proved to exist shall constitute a separate offense under this Section.
EFFECTIVE DATE: This Ordinance shall be effective on the 5th day of March, 1990.
ADOPTED by Town Meeting this 5th day of March, 1990; amended Town Meeting March 7-8, 1994.
Town Clerk
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