Information from the Code of Ordinances regarding the rules and requirements for street openings & utility connections.

[Adopted as Ch. VI, Art. 8; amended in its entirety 7-12-2004 by Ord. No. 04-175]

§ 271-29. Permits required.

A. Street opening permit. It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the city without first having obtained a street opening permit from the City Engineering Department. All permits will be issued in accordance with the provisions of Title 23, Chapter 307, Subchapter II of the Maine Revised Statutes Annotated.

(1) The permit will be issued by the City of Bangor Engineering Department.

(2) A standard construction detail and instructions for the contractor will be issued with the permit. All work shall conform to the requirements of the standard detail and instructions to the contractor.

(3) The permit must be obtained by the contractor or utility company doing the work.

(4) Certain streets within the City of Bangor also require a highway opening permit issued by the Maine Department of Transportation. The Engineering Department will maintain a listing of such streets.

B. Sewer and storm drain connection permits. All new or replacement sanitary sewer or storm drain connections to city mains shall be subject to all of the regulations set forth hereinafter relative to private utility connections, except that prior to the issuance of said permit, the payment of any outstanding assessments for the city sewer construction will be required in addition to the permit fee.

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.

§ 271-30. Contractors.

A. 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 as to expedite the completion of the work, and proper construction methods shall be used, as hereinafter described.

B. The contractor doing the work shall show proof of adequate insurance coverage before a permit is issued.

C. Contractors with a work history of two unsatisfactory similar type street opening or utility connection projects within the previous 18 months, in the opinion of the City Engineer, or having an outstanding balance related to a previous street opening permit, will not be issued a street opening or utility connection permit.

§ 271-31. Inspections.

A. All work in connection with street openings and utility connections will be subject to the inspection and approval of the City Engineer or his or her authorized representative. The City Engineer will 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. No backfilling operations shall be allowed prior to the examination of the work by the Engineer.

B. The contractor shall provide timely notification to the city in order that inspection services can be scheduled for the appropriate time. The permit form will contain the necessary instructions to the contractor.

§ 271-32. Street openings; schedule of charges.

A. Openings by utility companies.

(1) Utility companies will be required to obtain separate permits for each street opening within accepted public rights-of-way. The utility company shall be responsible for performing all backfill operations, including the replacement of roadway gravel, temporary patching of the surface, and the permanent surface pavement.

[Amended 4-25-2011 by Ord. No. 11-118]

(2) The city reserves the right to inspect the work undertaken by utility companies and to charge an inspection fee according to the schedule of charges.

B. Private connections. A contractor representing any person, firm or corporation desiring to open any portion of a public way for the purpose of installing, repairing, replacing, examining or attempting to locate any private 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 of Bangor an amount to cover the cost of inspection services in accordance with the schedule of charges contained herein. The applicant will be responsible for all work, including temporary pavement and the permanent paved surface. No backfilling shall be allowed without the prior examination of the work by the City Engineer's representative. Trenches backfilled without the Engineer's approval will be subject to the corrective work outlined in § 271-36A herein.

C. Schedule of charges for street openings and utility connections.

[Amended 4-25-2011 by Ord. No. 11-118]

(1) The amount to be paid for a street opening/utility connection permit will be based upon the following inspection fee schedule:

(2) The City Engineer may waive the weekend work and after the fact permit fees for utilities that open streets in cases of emergencies without first obtaining a permit.

§ 271-33. Excavating and backfilling.

A. Protective measures.

(1) It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for the safety of the general public. The barriers and warning devices shall conform to the requirements of the latest edition of the Manual of Uniform Traffic Control Devices.

(2) Appropriate measures shall be taken to assure that, during the performance of the excavation work, traffic conditions as normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. If it becomes necessary to close the street to traffic to permit the work, prior approval of said closing shall be obtained from the City Engineer. The contractor shall be responsible for notifying the Bangor Police and Fire Departments concerning the closing.

(3) The work shall be conducted in such a manner so as to prevent damage to adjacent property, and should such damage occur, the property shall be restored to its original condition, as directed by the City Engineer. The excavated materials shall be placed in a location so as not to endanger those working in the trench, pedestrians or users of the street.

(4) It shall be the contractor's responsibility to comply with the latest Occupational Safety and Health Administration (OSHA) requirements that may apply to the work.

B. Excavating.

(1) It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefore.

(2) Prior to any excavation work, all surface pavement shall be cut to full depth by an approved method.

(3) Proper bracing or shoring shall be maintained to prevent the collapse of adjoining grounds, and the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. Care shall be taken so as not to damage existing pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits, or to the city department or officer charged with the care 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 or injury shall be done to any tree or shrub or to the roots thereof.

C. Backfilling.

(1) Whenever a permit has been issued for a street opening or utility connection and the excavation has been made, the trench or opening shall be backfilled in accordance with the details issued with the permit.

(2) Flowable fill will be required for backfill of cross trenches and openings within the street zone of major streets, or as conditions may require, as determined by the City Engineer when the permit is issued.

(3) No organic material, pavement or stones greater than six inches in diameter shall be present in the backfill.

(4) Replace to twenty-one-inch depth, or match existing base depth, whichever is greater, with gravel conforming to the latest Maine Department of Transportation specification for gravel base.

(5) If a permit is issued during the freezing weather conditions, frozen backfill will not be allowed in the trench.

(6) If the material excavated contains too much moisture for proper compaction, it shall be removed and replaced with suitable backfill material.

D. Compacting backfill. (Not applicable where flowable fill is used.)

(1) All backfill shall be thoroughly compacted by equipment designed specifically for that purpose.

(2) The first six inches of fill over the structure or pipe in the trench shall be compacted. The balance of the backfill shall be placed in layers not exceeding 12 inches and thoroughly compacted.

(3) Puddling of the backfill will not be permitted.

(4) All material excavated from the trench shall be replaced in the trench, except for the amount which may be displaced by the installation of gravel base.

(5) All backfill shall be compacted to meet at least 90% of total compaction as measured by the proctor test.

§ 271-34. Replacement of surface.

A. Hot asphalt paving on rigid base. When an opening is made on a street where the base is cement concrete, premixed base of tar or asphalt or granite block on a concrete base, the base material shall be cut back at least 12 inches beyond the edges of the trench after the backfilling has been completed and before the new permanent patch is placed. The City Engineer, at the time the permit is issued, will specify whether the base is to be replaced with cement concrete or a full depth structural bituminous concrete patch.

(1) Replacement with rigid cement concrete base.

(a) When cement concrete is to be used to replace the excavated base material, all reinforcing steel encountered when removing the cut back concrete shall not be cut off but retained and used to tie in the reinforcing in the new concrete patch. Reinforcing shall be furnished, in the area to be patched, to provide the equivalent of No. 4 reinforcing bars on twelve-inch centers, each way. Where granite block is encountered under the bituminous paving, these blocks shall be removed and the area replaced with cement concrete in accordance with the requirements of this section.

(b) The thickness of the concrete placed shall be a minimum of six inches or equal to the depth of the existing base, whichever is greater.

(c) The top surface of the cement concrete base shall be finished to allow the placement of a three-inch bituminous concrete wearing surface.

(d) Cement concrete to be used shall be ready-mix conforming to and placed in accordance with the Maine Department of Transportation (MDOT) Standard Specifications for Highways and Bridges, latest edition.

(e) Reinforcing steel shall be free of oil, rust and all deleterious materials when placed.

(f) Cement concrete shall be protected from all traffic for a minimum of eight hours.

(g) After the cement concrete has been placed and before the permanent bituminous wearing surface (type C pavement) is placed, the existing bituminous surface shall be cut back an additional four inches on all sides with a pavement saw, and the cut edges of the bituminous paving and all exposed cement concrete surfaces shall be painted with an bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

(2) Replacement with structural bituminous concrete base.

(a) When a full depth bituminous concrete patch is to replace the excavated concrete base, the concrete base shall be cut back minimum of 12 inches beyond the edges of the trench after backfilling has been completed and before the new bituminous base is placed. The thickness of the bituminous concrete base shall be minimum of six inches. The top surface of the bituminous concrete base shall be finished to allow placement of three inches of bituminous concrete wearing surface.

(b) Bituminous concrete base shall be 3/4 inch (binder) pavement placed and compacted in two-inch layers in accordance with the Maine Department of Transportation Standard Specifications for Highways and Bridges, latest edition.

(c) After the bituminous base has been placed and before the permanent bituminous wearing surface 3/8 inch H.M.A. is placed, the existing bituminous surface shall be cut back an additional four inches on all sides with a pavement saw, and the cut edges of the bituminous paving and all exposed bituminous base surfaces shall be painted with bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

B. Bituminous paving on flexible base.

(1) When a street opening permit is issued on a street which has been constructed for heavy traffic and has a bituminous surface without a cement concrete base, the same amount of gravel shall be replaced in the trench as is removed when the excavation is made where this material exceeds the twenty-one-inch depth as specified in § 271-33C.

(2) After the gravel base has been placed and before the permanent bituminous wearing surface is placed, the existing bituminous surface shall be cut back an additional 12 inches on all sides with a pavement saw or milling machine, and the cut edges shall be painted with bituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDOT Standard Specifications for Highways and Bridges.

C. Temporary and permanent surfacing.

(1) The contractor to whom a street opening permit has been issued shall provide a temporary patch (coldpatch) of the street opening, generally within 24 hours after the trench has been backfilled and compacted according to the requirements contained in § 271-33C and D.

(2) The temporary patch shall be made using premixed bituminous material (cold-patch), which shall remain in place until the permanent patch has been installed.

(3) Within 30 calendar days from the date of trench backfill, but not later than November 1, the contractor shall provide permanent pavement replacement in accordance with § 271-34A or B and the detail sheet provided with the permit. For emergency winter work, the permanent trench repair must be completed by June 15.

D. Restoration of other areas. The contractor shall restore all areas of disturbance, including stone curb, esplanades and gravel surfaces, including shoulders, sodded areas, shrubbery fencing, ditches, etc., to the condition prior to construction.

E. Warrantee. The contractor or utility shall correct any deficiencies in the trench or pavement for a period of one year from completion of the work authorized by this permit.

§ 271-35. Utility connections.

A. All work relative to connecting a building drain or yard drain to a city main shall be performed by an approved contractor, only under the direct supervision of the City Engineer or his or her authorized representative.

B. If the city main is damaged or broken by the contractor, then the damaged or broken section of main will be removed and replaced at no cost to the City by the contractor under the supervision of the City Engineer's representative.

C. Any tap to a public sewer or storm drain shall be made and an approved connection device installed in the presence of the City Engineer or his or her authorized representative.

D. Connections to manholes, wet wells or other structures shall be prohibited unless approved by a representative of the City Engineer. If approval is given, the structure must be cored and a watertight boot installed at the location indicated by the City Engineer.

§ 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 unskillfully or improperly done, the City Engineer or his or her representative may direct that the work be re-excavated 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 punished, upon conviction, by a fine of not less than $100 for each offense. Each day shall constitute a separate offense. Such fine may be levied against the contractor.

Information from the Code of Ordinances regarding the rules and regulations regarding curb cuts / driveways in the City of Bangor.

Article VIII. Curb Cuts

[Adopted as Ch. VI, Art. 9, Sec. 3; amended 4-14-1986 by Ord. No. 86-131]

§ 271-37. Permit required.

No person shall build or construct a driveway providing access to a street without first obtaining a permit approved by the City Engineer and issued by the Code Enforcement Officer, and application for said permit shall be submitted in such form as the Code Enforcement Officer may prescribe.

§ 271-38. Owner assumes expense.

All construction work on such driveways within the street line shall be done by the property owner or occupant at his or her own expense in conformity with proper standards and workmanship as prescribed by the City Engineer.

§ 271-39. Hard surface required.

Hard surface, such as cement or asphalt, shall be required for the paving within the street lines of all driveways constructed to serve commercial establishments.

§ 271-40. Removal of drainage facilities.

Where driveways require the moving or removal of catch basins or other drainage facilities, such change shall be made only upon approval of the City Engineer at the expense of the applicant.

§ 271-41. Altering existing grades.

The grade of existing walks may be altered when such change will not adversely affect or damage adjoining walks and property, and then only at a grade set by the City Engineer.

§ 271-42. Number of driveways per property.

Not more than two driveways for the same property on the same street will be allowed per 100 feet of frontage.

§ 271-43. Safety islands.

Where two driveways are provided for the same property on the same street, a safety island of not less than 10 feet at the outer edge of the walk shall be provided.

§ 271-44. Extension.

No driveway apron shall extend into the street farther than the base of the curb or beyond the gutter line.

§ 271-45. Widths.

The width of any driveway shall not exceed 36 feet at the curb.

§ 271-46. Restrictions near intersections.

No driveway shall be built within five feet of the intersection of two street lines except upon recommendation by the City Engineer and approval of the City Manager.

§ 271-47. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person who builds or constructs a driveway providing access to a street without first obtaining said permit or who otherwise violates the provisions of this chapter shall be punished by a fine of not more than $50. Each day that such driveway shall remain in violation of the provisions of this article shall constitute a separate offense.

§ 271-48. Variations due to hardships.

The City Council, by order, may allow variations from the regulations of this article where necessary to avoid unusual hardship and so as to grant reasonable use of property, provided that the consent of the City Engineer is first obtained to every such variation.

Information from the Code of Ordinances regarding the rules and requirements for blasting activities using explosives within the City of Bangor.

Chapter 76. BLASTING

[HISTORY: Adopted by the City Council of the City of Bangor as Ch. VII, Art. 5, Sec. 3; amended in its entirety 4-8-1996 by Ord. No. 96-160. Subsequent amendments noted where applicable.]

§ 76-1. Permit required.

No person shall undertake any blasting activities using explosives within the City of Bangor without first obtaining a blasting permit from the City Engineer. The remedy of any person injured by blasting activity shall not be affected by this chapter.

§ 76-2. Permit form.

The City Engineer shall devise a permit form which shall include, at a minimum, the following information:

A. Location of blasting activity.

B. Purpose for which blasting is necessary.

C. Starting date of blasting.

D. Duration of blasting activity.

E. Name, address and telephone number of blaster.

F. Any other information deemed necessary by the City Engineer.

§ 76-3. Blaster qualifications.

Blasting shall only be performed by fully qualified blasters experienced in blasting procedures and knowledgeable in all applicable blasting regulations, and blasters shall submit any and all information requested by the City Engineer to satisfy this requirement.

§ 76-4. Hours of operation.

Blasting activity shall only be conducted during daylight hours; provided, however, that it shall not commence earlier than 7:00 a.m. nor continue later than 7:00 p.m. on any given day, except that detonation of blasting explosives shall be conducted only during daylight hours; provided, however, that it shall be no earlier than 8:00 a.m. nor later than 6:00 p.m.

§ 76-5. Regulations and conditions; notice of violation.

The blaster shall comply with all local, state and federal ordinances, laws and regulations and conditions of the blasting permit. The City Engineer may, at his or her discretion, impose additional and/or more stringent conditions. The blaster shall notify the City Engineer within 24 hours of any violation or a failure to comply with all local, state and federal ordinances, laws and regulations or the blasting permit. Said notice shall specify the nature of the violation or failure to comply and steps taken by the blaster to correct said violation or failure to comply.

§ 76-6. Insurance.

The blaster shall obtain and maintain general liability insurance in an amount to be approved by the City Engineer and shall provide the City of Bangor with proof thereof.

§ 76-7. Permit fee.

The blaster shall pay to the city a permit fee of:

- $25 for a permit not to exceed five days,

- $50 for a permit not to exceed 30 days and

- $100 for a permit, in excess of 30 days.

§ 76-8. Revocation of permit.

Upon violation of any provision of this chapter, the City Engineer shall have the right to revoke the blasting permit without notice.

§ 76-9. Violations and penalties.

Any person in violation of any provision of this chapter shall be subject to a fine of $1,000 for each offense.

Information from the Code of Ordinances regarding the designation, requirements and records for street numbers in the City of Bangor.

Article V. Street Numbers

[Adopted as Ch. VI, Art. 2]

§ 271-20. Designation of building numbers.

The City Engineer shall, from time to time, as the convenience of the public may require and as the City Council may direct, designate the numbers to be affixed to the buildings on the several streets and squares in the city. In all the streets, the odd numbers shall be on the right-hand side and the even numbers on the left-hand side, in the progressive order of numbering, commencing with the lowest number and proceeding there from with increasing numbers.

§ 271-21. Control streets.

The number of Main Street shall commence at Pol's corner, Broad Street at Taylor's corner, State Street at the east side of Kenduskeag Stream, Hammond Street at the west side of said stream, Harlow Street at Pearl Building and Park Street at the Park Theatre. The numbering upon the streets connecting with Main, Broad and Hammond Streets, except those crossing said streets, shall commence at the end connecting with the above-named streets. The numbering upon the streets leading from the Penobscot River and from the Kenduskeag Stream shall commence at the end nearest the water, and upon all the streets and squares not covered by the above rules, the numbering shall commence wherever said City Engineer shall determine. Numbers may be omitted for vacant lots and for spaces which may be built upon hereafter.

§ 271-22. Buildings requiring numbers.

The main entrance to every house or place of business fronting the street shall be designated by a separate number.

§ 271-23. Lot requirements.

In the residential part of the city, every lot with a twenty-five-foot front shall be designated with a separate number, and in the business portion, every lot with a twelve-and-one-half-foot front shall be designated with a separate number.

§ 271-24. Boundaries of business district.

The business part of the city is embraced in the following limits: Main Street to Cedar Street, Broad Street, Front Street, Water Street, Pickering Square, Haymarket Square, Mercantile Square, West Market Square, East Market Square, Kenduskeag Bridge, Short Street, Independent Street, Union Street from Main Street to Front Street, Front Street, Railroad Street, Middle Street to Columbia Street, Hodson Street, Cross Street, Columbia Street, Hammond Street to Union Street, Franklin Street, Central Street, Harlow Street, Park Street, State Street to French Street, Exchange Street, French Street from State Street to Washington Street, Oak Street, York Street from Exchange Street to Oak Street, Hancock Street to Washington Street and Washington Street.

§ 271-25. Record of numbers.

The City Engineer shall, by the measurement of each street in the city, determine the correct number of every house or place of business and shall keep the same on file in a convenient manner for the reasonable use of the public at all times.

§ 271-26. Notice to property owners; size and placement of numbers.

The City Engineer shall transmit to the owner of every such building a notice and statement giving the name of the street, the name of the owner, the name of the occupant and the number or numbers of the building, together with instructions for procuring and affixing the same. The owner of the property shall, within 60 days after receiving said notice from the City Engineer, cause to be affixed to the main entrance of every house or place of business fronting the street a metallic or other suitable number at least 1 1/2 inches in height and situated so as to be plainly visible and legible at all times from the street.

§ 271-27. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person who shall affix or suffer to be affixed to or shall allow to remain upon any building a different number from the one designated by the City Engineer, or any owner of any building or property who, after receiving said notice from the City Engineer, shall fail to comply with any of the provisions of this article, shall be fined not less than $10 nor more than $50 and a like penalty for every day he or she shall neglect so to do after his or her first conviction.