§3354. Record of permits kept; fees

The road commissioner, the commissioner of public works or such officer as the city government municipal officers may appoint in the absence of a commissioner shall keep a record of all permits granted by him that person, work done by the city municipal employees excepted. The Notwithstanding the provisions of Title 35-A, section 2503, subsection 20 or any other provision of law, the applicant shall pay to the city municipal treasurer for every permit for making an excavation within the driveways of any public highway paved with broken stone, concrete, bitulithic, granite block, brick, wood block, sheet asphalt or other pavements such fees as shall be established by the municipal officers, such fees that may not to exceed the reasonable cost of replacement of the excavated pavement and base material, the depreciated value of the driveway of the public highway and inspections performed by or for the municipality. All such fees paid to the city municipal treasurer shall must be regularly accounted for by him in his the treasurer's report to the city government municipal officers and shall constitute a special fund for the repaving of said cuts excavations, repair of roadway adjacent to the excavations and inspections. When such cuts excavations are repaired or inspected by the street department municipality, the cost thereof shall must be charged to said fund. Municipal ordinances and regulations governing activities conducted in accordance with this subchapter may not be arbitrary or capricious.__Unless otherwise defined in a municipal ordinance or regulation, the term "base material" means any material placed beneath the surface material on a public highway for the purpose of supporting the surface or material.

Sec. 5. 23 MRSA §3355 is amended to read:

§3355. Size of opening; filling; protection

It shall be is unlawful for any person or persons, firm, corporation or bridge or water district, having the right of opening or making excavations within the driveways of public highways in the city municipality, to leave open at any time any trench or excavation of a greater length than 200 feet, except by permission of the officer granting such permit. Such person or persons, firm, corporation or bridge or water district shall fully and completely fill up such a trench to the surface of the roadway before making any further trench or excavation. Such The filling shall must be puddled or rammed as the nature of the soil may require and shall must be done and completed within the time designated in the permit for completing such the trench or excavation. Any person or persons, firm, corporation or bridge