A Street Opening Permit must be obtained from the Inspectional
Services Department (ISD) for any excavation within the layout of
a Town street, including sidewalk or shoulder areas.
The applicant must complete the following items before a permit
will be issued:
A. Premark the work area as required by the "Dig Safe Law", Massachusetts General Laws Chapter
82, Section 40.
B. Contact Dig Safe and obtain a Dig Safe # at least 72 hours in advance
of the excavation start date, exclusive of Saturdays, Sundays and
legal holidays. Also contact the Newbury DPW Office (978-465-0112),
Newburyport Water Dept. (978-465-4420), Newburyport Sewer Dept. (978-465-4414)
and/or the Byfield Water Department (978-462-3023) as needed at least
72 hours in advance of the excavation start date, exclusive of Saturdays,
Sundays and legal holidays to request a mark-out of water, sewer and
drain lines in the area.
C. A performance bond for a minimum of $5,000.00 must be submitted or
a current bond must be on file with the ISD. On larger jobs such as
main line installations or extensions, the Director of Public Works
or his agent will establish the amount of said bond.
D. A Certificate of Insurance must be submitted with the following coverage
requirements:
1. Comprehensive General Liability:
Bodily Injury Minimum coverage
Each Person $500,000
Each Accident $500,000
Property Damage
Each Accident $100,000
Aggregate $300,000
2. Workers Compensation Insurance as required by Law.
3. The Town of Newbury as additionally insured must be included on the
policy.
E. A fee of $100.00 is required for all Street Opening Permits, including
emergency excavations. This fee must be paid at the time the permit
is issued.
F. Obtain a separate Trench Permit for any proposed trench excavation
in excess of three feet in depth, pursuant to Massachusetts General
Law, Chapter 82A, Section 1 and 520 CMR 7.00 et seq. (as amended).
A fee of $50 is required for a Trench Permit.
G. The original Bond and original Certificate of Insurance must be submitted
to the ISD before a permit can be issued. No permit will be issued
before the bond or insurance is in effect. The Bond must remain in
effect for a period of at least one year. Copies of the permit shall
be given to the Fire Department and Police Department of the Town
of Newbury. If the Police Department decides that a police officer
or officers are needed to insure the safety of the public during construction,
the cost shall be borne by the permit holder. Two names, addresses
and phone numbers shall be provided to the Director of Public Works
or his agent and the Police Department for use in the event of an
emergency. The Director of Public Works or his agent shall be notified
24 hours before the actual start of any project and 24 hrs. before
resuming work after a break in the project. Permits for any non-emergency
excavations are prohibited on any road that has been resurfaced within
the past 5 years. Also, permits will not be issued for any non-emergency
work during the winter period from November 15 to April 1 of the following
year.
As provided in MGL c. 40. § 21D (non-criminal disposition),
any person or contractor of any kind, including utility companies
who perform nonemergency excavation work without a valid permit shall
be fined $200.00 each day per occurrence per site until a permit or
permit extension has been applied for and approved.
Any person or contractor of any kind, including utility companies
who performs emergency work and fails to apply for a permit within
two (2) working days following the commencement of work shall be fined
$200.00 each day until a permit extension has been applied for and
approved.
Any person or contractor of any kind, including utility companies
who performs work without a permit on the basis that it is an emergency
and it is subsequently determined by the Permitting Authority that
the work was not a bonafide emergency, shall be fined $200.00 each
day until a permit extension has been applied for and approved.