[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 8-3-1987 by Ord. No. 87-4. Amendments noted when applicable.]

§ 47-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated.

EXCAVATE — Any digging into the earth, whether mechanical or manual, which extends more than 12 inches below ground surface level.

SITE PLAN — Scale drawing or map of an excavation site showing all aboveground features, including but not limited to buildings, trees and utility poles must also show relevant property lines and dimension measurements.

§ 47-2. Notification of town.

1. Any individual or contractor who needs to excavate within the Town limits of the Town of Berlin shall be required to notify the Superintendent of Public Works in writing on forms provided at Town Hall.
2. At Berlin’s request, the requestor may be required to provide a site plan of the excavation site indicating all areas where excavation is proposed.

§ 47-3. Marking underground facilities.

1. When a person or company notifies Berlin that it intends to begin excavation, Berlin shall, within 48 hours of being notified, mark the horizontal location of the underground facilities of the ground to within three feet of either side of the underground facility by means of stakes, paint or other suitable means.
2. In computing the forty-eight-hour period, Saturdays, Sundays and holidays, as listed below, shall not be included:
New Year’s Day, January 1
Martin Luther King’s Birthday, January 15
Maryland Day, March 25
Good Friday, Friday before Easter Sunday
Memorial Day, last Monday in May
Fourth of July, July 4
Labor Day, first Monday in September
Thanksgiving, fourth Thursday in November
Christmas Eve, December 24
Christmas Day, December 25
3. If there are no underground facilities existing in the area, the applicant shall be notified of this fact within 48 hours.

§ 47-4. Delay in marking.

1. In the case of extraordinary circumstances, if Berlin cannot mark the site within the forty-eight-hour period, it shall notify the applicant, provide the reason why marking cannot be made and state when the site will be marked.
2. This provision may not be used to indiscriminately delay marking of a location within the forty-eight-hour period.

§ 47-5. Spacing and direction of markers.

The stakes, paint or other suitable means used by Berlin for locating the underground facility shall be spaced with a frequency so as to clearly provide the route location of the underground facility, including deviations that would cause a departure from any generally marked straight line.

§ 47-6. Notification of other agencies.

Notification of Berlin does not relieve the requester of any notification requirements of other agencies, including but not limited to Miss Utility. The requirements of this chapter are applicable specifically to Berlin’s electric, sewer and water lines.

§ 47-7. Violations and penalties.

1. Any individual or company found in violation of this chapter shall be cited for a municipal infraction per Chapter 11 of Berlin’s Code. The fine shall be $100 or the maximum allowed for single, initial violations under any subsequent amendments to Chapter 11.
2. Regardless of whether proper notification under this chapter is accomplished, any individual or company who damages Berlin’s utility lines in the process of excavation shall be liable to Berlin for all costs incurred. These costs shall include, but not be limited to, direct material and labor costs to repair the lines, normal administrative overhead costs, outside contractors’ fees and any fines or penalties which Berlin may incur as a result of leakage or disruption of service.