1.1 Title. This Ordinance shall be known as the Local Roadway Opening Ordinance for the Town of Fort Kent hereinafter referred to as "this Ordinance".

1.2 Purposes. The purposes of this Ordinance are to:

         a. Protect the health, safety, and welfare of the Town's residents;
         b. Provide for a responsible management of public roadway infrastructure;
         c. Manage local roads in a cost efficient manner;
         d. Reduce the Town's property tax burden; and
         e. Protect public investment in local roads.

Section 2. Applicability.

This Ordinance applies to all roadways and rights-of-ways in the Town of Fort Kent, excluding M.D.O.T. roads.

Section 3. Authority.

This Ordinance is adopted pursuant to the Home Rule powers granted in the Maine Constitution, 30-A MRSA, Section 3001 et.seg.

Section 4. Effective Date.

This Ordinance shall become effective when adopted by a majority vote of the Town's legislative body.

Section 5. Amendments.

This Ordinance may be amended or revised only by the procedure required for its original enactment.

Section 6. Availability.

A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at a reasonable cost at the expense of the person making the request.

Section 7. Severability.

If any provision of this Ordinance is found by a court of competent jurisdiction to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Section 8. Conflict with Other Ordinances or Jurisdictions.

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of the Ordinance or any other ordinance, regulation, or statute, the more restrictive provision shall apply.

Section 9. Permit Required.

1.1 The Public Works Department Head or other authorized personnel is responsible for issuing permits, investigating complaints, issuing stop work orders, and pursuing violations of this Ordinance. The Public Works Department Head is responsible for site inspections of work in progress, assuring that the standards of the Ordinance are being followed, and for providing written documentation that completed surface restoration efforts are complete. Signing off by the Public Works Department Head, does not relieve the applicant from responsibility should the restoration fail within eighteen (18) months. The completion of work approved by the Public Works Department Head begins the eighteen (18) month period.

1.2 No person shall break, excavate, or dig up the ground with mechanized excavation or grading equipment in any public roadway excluding M.D.O.T. roads within the Town of Fort Kent without first obtaining a roadway opening permit in writing from the Public Works Department Head (PWDH) and without faithfully complying with the conditions of such permit except, that in the case of an emergency, such necessary excavation may be made without first obtaining such permit provided the Public Works Department Head is notified as soon as possible and on the next work day arrangements to obtain a permit are made. The excavator shall still comply with all other rules and regulations under such emergency. All applications for roadway opening permits shall be made on appropriate forms supplied by the Town.

1.3 Applications for roadway opening permits shall be filed with the Public Works Department Head at the Town Office. Prior to issuance of the permit, the applicant shall provide evidence that the applicant has in force public liability insurance as required by rules and regulations established by the Town Council. A fee of $20.00, shall be paid before a permit is issued. The fee for the roadway-opening permit is to offset municipal expense incurred through the administration of the Ordinance including inspection of the work by the Town. Utility District is exempt from fees.

1.4 Any work begun without a roadway opening permit, or other violations of this Ordinance are punishable by fine as a Town of Fort Kent Local Roadway Opening Ordinance violation in accordance with Title 30-A MRSA 4452. Current penalties include fines of not less then $100 nor more than $2,500 per violation, for each day that the violation continues. The Public Works Department Head may issue a stop work order in cases where a known violation exists.

1.5 The Public Works Department Head will provide written approval to the applicant that the inspected work is completed and appears to be satisfactory to the standards of this Ordinance. Any settlement of the refilled surface of the excavation within the eighteen (18) month period after written approval is granted, shall be deemed to be conclusive evidence of defective backfilling by the applicant. Should any settlement or other defect occur, the applicant shall be responsible for repairing the defect. The Public Works Department Head shall order repairs to be completed based upon the information documenting the nature of the defect and recommendations for repairing the defect. The permittee has fifteen (15) days to respond to a repair order. This period may be extended upon mutual agreement between the parties. An order to repair a defect within the eighteen (18) month period will be considered corrective action to the Town of Fort Kent Roadway Opening Ordinance violation. If the applicant neglects or refuses to complete or repair any such excavation in accordance with the requirements of this Ordinance, to correct substandard work, or associated public property damage, the Town may then complete the work or perform any necessary repairs and be reimbursed by the permittee for the cost of doing so. The permittee is to be notified in writing 5 working days prior to the Town making the necessary repairs . The permittee is relieved from any responsibility on defects or repairs after the eighteen (18) month period has lapsed.

Section 10. Breaking Through Pavement in Roads.

10.1 All excavations on paved roads and sidewalks shall be pre-cut in a neat straight line with pavement breakers or saws prior to resurfacing.

10.2 Heavy duty pavement breakers may be prohibited by the Town when the use endangers existing substructures or other property.

10.3 Cut-outs of the trench lines must be normal and parallel to the trench line.

10.4 Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

10.5 Unstable pavement shall be removed over cave outs and over breaks, and the subgrade shall be treated as the main trench. An additional six (6) inches of pavement shall be removed around all excavations from the edge of the excavated trench.

10.6 The permittee shall not be required to pay for repair of pavement damage existing prior to the excavation unless their cut results in a small floating section that my be unstable; in which case, the permittee shall remove the unstable portion and the area shall be treated as part of the excavation.

10.7 When three (3) or more road openings are made in sequence fifteen (15) feet or less, center to center, between each adjacent opening, the permittee shall neatly cut and remove the area of pavement between these adjacent openings and shall patch as one trench.

10.8 When less than three (3) feet of pavement remains between road openings, the permittee shall neatly cut and remove the area of pavement between these adjacent openings and shall patch as one trench.

Section 11. Protection of Public Property.

11.1 The excavation work shall be performed and conducted so as to not interfere with access to fire stations, traffic signal cables and loops and all other vital equipment as designated by the Town.

11.2 The permittee shall not remove any town owned tree, even temporary, any trees or shrubs which exist in or adjacent to the road area without first obtaining consent of the Pubic Works Department Head.

Section 12. Care of Excavated Material.

12.1 All material excavated from trenches and piled adjacent to the trench or in any road shall be piled and maintained in such manner as to not endanger those working in the trench, pedestrians or users of the roads, and so that as little inconvenience as possible is caused to those using roads and adjoining property. Where the confines of the road being excavated are too narrow to permit the piling of excavated material beside the trench, the permittee must haul the excavated material to a storage site and then re-haul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

Section 13. Backfilling of Excavation.

13.1 The permittee or their agent shall notify the public works department at least one hour prior to the beginning of backfilling.

13.2 Backfilling in any road opened or excavated pursuant to a roadway opening permit issued hereunder shall be compacted to a degree equivalent to not less than the undisturbed ground in which the trench was dug. Compacting layers shall be done by mechanical tampers or vibrators by rolling in layers. Fine material free from organic materials, lumps or stones larger than three (3) inches in diameter shall be thoroughly compacted around and under the substructure to the upper level of the substructure. Above the upper level of the substructure, backfill material shall be placed in lifts eight (8) to ten (10) inches and compacted thoroughly by approved mechanical compactors. Within eighteen (18) inches of the pavement subgrade, that backfill shall be good, clean, organic free bank run gravel compacted in eight (8) to ten (10) inch lifts. In some cases, its better to use the soil that came out of the hole, so soil is consistent. To be determined by Department Head of Public Works.

13.3 Backfilling up to the top of the trench of utility pipes or similar installations within traveled ways, including shoulders and sidewalks, shall be done within layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four (4) inches in thickness. Layers that are mechanically tamped shall not exceed six (6) inches in thickness. Backfilling of all pipes of over twenty-four (24) inches in diameter shall be carried to the top of the pipe in four (4) inch layers with each layer moistened to achieve optimum moisture and thoroughly tamped with suitable mechanical equipment.

13.4 Backfilling at the surface. Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall then be compacted with a roller of an approved type or with the rear of a truck carrying at least five (5) tons until the surface is unyielding. The surface shall be graded as required.

13.5 All work done in relation to this road-opening ordinance must comply with Safety Rules and Regulations.

Section 14. Surface Restoration of Streets.

14.1 Permanent resurfacing of excavation in roads and sidewalks shall be the responsibility of the permittee.

14.2 Temporary Resurfacing. On all roads, excluding winter months, the top surface of the backfill shall be covered with two (2) inches compacted depth of temporary bituminous resurfacing material. Such temporary material shall be cold-mix except that the Town may require the use of hot-mix in areas where the cold-mix patch will deteriorate due to patch size or length of use. All temporary material shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at the legal rate of speed. The permittee shall maintain the temporary paving and trenches for a period not to exceed fifteen (15) calendar days. The contractor shall then install a permanent patch over the excavation. All excavations shall be kept safe for pedestrian and vehicular traffic until the excavation has been permanently resurfaced by the contractor. If it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian and vehicular traffic, then the permittee shall maintain barriers and lights where required herein until a permanent patch has been installed.

14.3 General. The necessary replacement of pavement shall be done with an approved bituminous hot-mix and shall be compacted with approved equipment in layers not exceeding two (2) inches of compacted depth. The minimum total compacted depth of replaced pavement shall be three (3) inches, except that the overall replacement pavement depth shall not be less than the original depth of the pavement removed. The final layer of opening pavement shall be struck off so that the compacted material shall be true to the grade of the adjacent pavement area. The permittee may choose to restore the pavement with immediate permanent restoration as per specified and chance a subsequent settlement of this backfill or may alleviate this possibility and restore the pavement temporarily. Permanent pavement restoration shall be made no later than one (1) month after such temporary replacement. No permanent pavement restoration shall take place after November 1 or before March 31.

Section 15. Prompt Completion of Work.

15.1 After an excavation has commenced, the permittee shall proceed with diligence and expedite all excavation work covered by the roadway opening permit and shall promptly complete such work and restore the road as specified in this Ordinance. The permittee shall perform such restoration works so as not to obstruct, impede or create a safety hazard to the public traveling by foot or vehicle.

Section 16. Granite, Concrete and Bituminous Curb.

16.1 No person or utility shall remove, damage, haul-away or cause misalignment of any granite, concrete and/or bituminous curbing, including radius curbing and catch basin stones for any reason whatsoever without first receiving written permission from the Public Works Director. Any curb missing, damaged or misaligned shall be replaced or aligned by the permittee if the damage was caused by him or her. If the permittee refuses to replace the curbing or any other damaged public property, the Town shall complete the repairs and the expense will be charged to the permittee.

Section 17. Inspections.

17.1 The Town Public Works Department Head shall make inspections as are reasonably necessary to ensure that the performance standards contained in this Ordinance are met. The Town shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Ordinance.

Section 18. Liability of Town.

18.1 This article shall not be construed as imposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by the performance of excavation work for which an roadway opening permit is required under this article, nor shall the Town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reasons of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work.;

Section 19. Excavation on Reconstructed Streets.

19.1 After a road has been reconstructed, no roadway-opening permit shall be granted to open such road for a period of five (5) years unless an emergency condition exists.

Section 20. Repairing and Backfilling by Town.

20.1 If the work or any part thereof mentioned in this article for repairing or backfilling the trenches or excavations shall be unskillfully or improperly done, the Town shall cause the same to be skillfully and properly done and shall keep an account of the expense thereof and in such case, the permittee, shall pay the Town an amount equal to the whole of the incurred expense by the Town. The Town Council is hereby authorized to institute any and all actions and proceedings either legal or equitable including seeking injunctions of violations and the imposition of fines that may be appropriate and necessary to enforce the provisions of this Ordinance and/or to recover expenses incurred by the Town. Incurred expenses include repairing of improperly done backfilling and/or road surface restoration or replacement of other public property damaged as a result of actions of the permittee or their agent. Should the Town need to repair improperly done work, no new roadway opening permits will be issued to the party until the Town is reimbursed for incurred expenses.

20.2 Any person or utility who continues to violate this section of the article shall receive no further permits until such time as the Town is satisfied that the persons or utility shall comply with the terms of this article.

APPENDIX A STATE APPLICATION FOR DRIVEWAY/ENTRANCE PERMIT

APPLICATION FOR DRIVEWAY/ENTRANCE PERMIT

MAINE DEPARTMENT OF TRANSPORTATION

PO BOX 1178, 41 RICE STREET

PRESQUE ISLE, ME 04769

Phone: (207)-764-2060 FAX: (207)-764-2030

Application is hereby made to construct, change location, grade or use served by a driveway or entrance to property in accordance

with Title 23 M.R.S.A. § 704 and §705.

Section A

Property

Owner

Information

1. Land Owner’s Name: _____________________________________________Phone#____________________

2. Land Owner’s Mailing Address: _________________________________________________________________

Address Town/City State Zip Code

3. Applicant or Agent’s Name: ____________________________________________Phone #_________________

4. Applicant/Agent Mailing Address: _______________________________________________________________

Address Town/City State Zip Code

5. Other contact information: ________________________________Work ___________Cell__________________

Section B

Property

Location

Information

6. Directions to property: ________________________________________________________________________

______________________________________________________________________________________________

7. Route No. ____________________________ Road Name: ___________________________________________

8. ��North �� South ��East ��West – side of highway

9. City/Town: _________________________________________ County: _________________________________

10. Distance from nearest intersection: _______________ Name of Intersection: ____________________________

(estimated in tenths of a mile)

11. Nearest Utility Pole #: ______________________________ Attach Survey Data (if available)

12. Map and Lot number ________(MUST provide copy of tax map) Lot prior to May 25,2002? ___ Yes ____No

Proposed Location of Driveway/Entrance shall be staked and flagged by applicant.

Section C

Driveway/

Entrance

Information

13. Desired width of Driveway/Entrance: ____________ Type of Surface: ______________________________

(feet) (gravel, pavement, etc.)

14. Will the development associated with this driveway/entrance have more than 10,000 square feet of impervious

surface draining towards the highway? YES _____ NO _____ “Impervious surfaces” are the footprint of

buildings, pavement, gravel, or other low-permeability or compacted surfaces, not including natural or man-made

water bodies.

15. Does your property have an existing access? _______yes _________no (If no go to line 18)

16. If this is an existing access and you are changing its use, please describe _________________________________

____________________________________________________________________________ Go to Section D.

17. If this is an existing access and you are physically modifying, please describe: ___________________________

__________________________________________________________________________ Go to Section D.

18. Proposed Driveway/Entrance Purpose: �� Single Family Residence �� Home Business �� Commercial/Industrial

�� Subdivision or Development �� Multi-family with 5 or less units �� Multifamily with more than 5 units

�� Retail �� Office ��School ��Business Park �� Mall �� Other (explain)_________________________________

# employees/day ______ # customers/day _______ Busiest time of day _________ # of Lots _____________

Section D

Construction

Information

19. Construction expected to begin on _______________________ and be completed on ______________________

(date) (date)

20. Person/Company constructing entrance ___________________________________________________________

21. Construction contacts name ___________________________________________ Phone ___________________

Region 5 Rev. 3/10/05

Date Received:

Application

No. ________

THE OWNER HEREBY AGREES TO:

1) Provide, erect and maintain all necessary barricades, lights, warning signs and other devices to direct

traffic safely while the work is in progress.

2) At no time cause the highway to be closed to traffic.

3) Where the drive/entrance is located within a curb, curb and gutter, and/or sidewalk section, completely

remove the existing curb, curb and gutter, and/or sidewalk as may be required to create the

drive/entrance and restore drainage. All driveways/entrances abutting sidewalk sections shall meet the

requirements set forth in the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12132 et seq.

4) Obtain, deliver to site and install any culverts and/or drainage structures necessary for drainage; the size,

type and length of such culverts or structures shall be as specified in the permit pursuant to 23 M.R.S.A.

§ 705. All culverts and/or drainage structures shall be new.

5) Complete construction of proposed driveway/entrance within twelve months of commencement of

construction.

6) COMPLY WITH ALL FEDERAL, STATE AND MUNICIPAL LAWS AND ORDINANCES.

7) Not alter, without the express written consent of the MDOT, any culverts, drainage patterns or swales within MDOT right-ofway.

8) File a copy of the approved driveway/entrance permit with the affected municipality or LURC, as appropriate, within 5 business

days of receiving the MDOT approval.

9) Shall construct and maintain the entrance side slopes to be no steeper than the adjacent roadway side slopes, but in no case to be

steeper than 3 horizontal to 1 vertical, unless the side slope is behind existing roadway guardrail, in which case it shall be no

steeper than 2 horizontal to 1 vertical.

10) Notify the MeDOT(in writing) of a proposed change to use served by driveway/entrance when increase in traffic flow is expected

to occur. This does not exempt the need for obtaining a Traffic Movement Permit (TMP) if trip generation meets or exceeds 100

passenger car equivalents (pce) during the peak hour of the day.

FURTHER CONDITION OF THE PERMIT:

The owner shall assume the defense of, and pay all damages, fines, and penalties for which he/she shall become liable, and shall

indemnify and safe harmless said Department, its representatives, agents and employees from liability, actions against all suite, claims,

damages for wrongful death, personal injuries or property damage suffered by any person or association which results from the willful

or negligent action or inaction of the owner/applicant/agent and in proceedings of every kind arising out of the construction and

maintenance of said entrance(s), including snow removal. Nothing herein shall, nor is intended to, waive and defense, immunity or

limitation of liability which may be available to the MDOT, their officers, agents or employees under the Maine Tort Claims Act or

any other privileges and/or immunities provided by law.

The submission of false or misleading statements on or with this application, or the omission of information necessary to prevent

statements submitted herein or herewith from being misleading, is a crime punishable under Chapter 19 of the Maine Criminal Code,

and any permit issued in reliance thereon will be considered null and void without notice or further action by the Department.

Date Filed: ______________________________ _______________________________________________________

Signature of Owner

Signature of Applicant________________________________________________________

By signing and checking this box I hereby certify that I have been granted permission from the property owner to act in

their behalf.

Draw arrow to

show “North”

Site Sketch or attach Site Plan

APPENDIX B: APPLICATION & PERMIT TO OPEN LOCAL ROADWAY

TOWN OF FORT KENT

APPLICATION & PERMIT TO OPEN LOCAL ROADWAY

Name & Phone Number of Applicant			Date:
Address of Applicant:
Road Name:		Location:
Purpose of Roadway Opening:
Work To Be Done By:
Starting Date:	Utilities: Are there any utilities in the area of this opening ( ) Yes ( ) No If yes, has Dig Safe and the utility been advised ( ) Yes ( ) No
Completion Date:
Surface Type:
Describe your proposed backfilling and surface restoration activity:
Any work in addition to replacing pavement (Specify)
PERMIT FEE MUST ACCOMPANY THIS APPLICATION BEFORE AN OPENING PERMIT IS ISSUED. A PERMIT FEE OF $20.00 IS REQUIRED IN THE FORM OF A CHECK MADE PAYABLE TO THE TOWN OF FORT KENT.
NOTES: Copies of the Town of Fort Kent Local Roadway Opening Ordinance are available at the Town Office.
STATEMENT OF AGREEMENT I UNDERSTAND THAT THE OPENING WILL BE INSPECTED BY A REPRESENTATIVE OF THE TOWN OF FORT KENT. I AGREE TO BE RESPONSIBLE FOR ALL FINAL RESTORATION WITH THE TERMS OF THE LOCAL ROADWAY OPENING ORDINANCE. THIS PERMIT DOES NOT EXEMPT THE APPLICANT FROM ANY OTHER STATE OR FEDERAL PERMITS THAT MAY BE REQUIRED.
SIGNATURE OF APPLICANT:
The holder of this permit is authorized to open a roadway in accordance with the terms, conditions, and location as stated above and in the Local Roadway Opening Ordinance.
Town of Fort Kent Public Works Department Head:__________________________________ Date:____________

1^st Copy- Town’s Copy 2^nd Copy – Public Works 3^rd - Applicant’s Copy