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Town of Dover, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Highway Department of the Town of Dover; approved by the Board of Selectmen 4-30-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 160.
Residential driveways and curb cuts — See Ch. 196.
Scenic roads — See Ch. 245.
Subdivision of land — See Ch. 248.
As used in this chapter, the following terms shall have the meanings indicated:
EXCAVATION
The removal of any portion of an existing street, including, but not limited to, any pavement, curbing, sidewalks or grass areas within the street right-of-way (ROW), and shall include resurfacing and replacement of materials removed.
PERMIT
The written permission from the administering agency, the Highway Department, as appointed by the Board of Selectmen.
ROW
The area between recorded frontage lines of properties on both sides of the street if a formal, recorded layout has not been established.
[Amended 5-6-2005]
STREET
Any accepted street (public way) under the jurisdiction of the Town of Dover.
A. 
No person or organization shall make any excavation, including driveway openings or curb cuts, in any street without first obtaining a permit, except as otherwise provided by this chapter. Permits can be obtained from the Highway Department, Monday through Friday, between the hours of 8:30 a.m. and 3:30 p.m. Permits must be obtained at least 48 hours before beginning the work.
B. 
The resurfacing of an existing driveway within the ROW shall require a permit, and all permit regulations shall apply unless otherwise stated.
C. 
At the time of application, a permit fee in the amount of $0.50 per linear foot of disturbed area within the ROW or $50, whichever is more, must be paid to cover the costs of inspection services that will be conducted by the Town. The fee will cover trench excavation in 1 location.
D. 
Permits will be issued for a period of 1 year. All excavations shall be initiated within 6 months of the date of the permit and permanent repairs shall be completed in full and accepted by the Highway Department within 1 year of the date of the permit. The application or his agent shall be fully responsible for all necessary repairs prior to final acceptance.
E. 
For scenic road requirements, see §§ 245-4 and 245-5.
F. 
If an existing or proposed driveway is to be resurfaced or constructed and the garage floor (or grade or the driveway) is less than 12 inches below the crown of the road, the applicant shall submit a grading plan for approval by the Highway Director or his agent with the permit application.
G. 
A Dig Safe number shall be supplied to the Highway Department prior to conducting any work. The Dig Safe number shall be recorded at the upper left hand corner of the permit form.
H. 
Prior to conducting any work, the applicant shall provide to the Highway Department evidence that he carries the insurance required under § 199-3. below.
I. 
The applicant shall submit with the application for street excavation a performance bond in accordance with § 199-4 below to assure that permanent repairs are effected.
A. 
The applicant or his agent shall take out and maintain, until final acceptance of the work, public liability insurance to protect him from claims for damages for bodily injury, including accidental death, as well as claims for property damage, which may arise from operations under the permit.
B. 
The applicant shall furnish evidence to the Highway Department that he carries the following insurance:
(1) 
Public liability: $1,000,000/$500,000.
(2) 
Property damage liability: $1,000,000/$500,000.
C. 
The applicant or his agent shall carry and maintain this insurance until the work has been accepted by the Highway Department.
D. 
The applicant or his agent shall provide by insurance for the payment of Workmen's Compensation Insurance and the furnishing of other benefits under MGL c. 152.
E. 
The applicant or his agent shall, at his own expense, preserve and protect from injury all property, either public or private, along and adjacent to the work, and he shall be responsible for and repair at his own expense any and all damage and injury thereto. He shall exercise special care during his operations to avoid injury to underground structures, such as water or gas mains, pipes, conduits, manholes, catch basins, etc. When necessary, the contractor shall cooperate with representatives of public service companies in order to avoid supports, props, shoring or other means of protection. Fire hydrants adjacent to the work shall at all times be kept readily accessible to fire apparatus, and no material or other obstructions shall be placed within a radius of 10 feet of a fire hydrant. Fire hydrants shall not be used by the applicant or his agent without the written permission of the Town.
F. 
Land monuments and property marks shall be carefully protected and, if it is necessary to remove the same, the applicant or his agent shall do so at the Highway Department's discretion and after an authorized agent has witnessed or otherwise referenced their location.
G. 
The applicant or his agent shall confine his movements and operations to the area within the limits of the location, and the area outside the scope of the work shall not be disturbed except as directed by the Highway Director.
H. 
The applicant or his agent shall indemnify and save harmless the Town and all of its representatives from all suits, actions or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of the work; or on account of misuse, storage or handling of explosives; or from any claims or amounts arising or recovered under the Worker's Compensation Laws; or from any claims arising from the violation of any law, bylaw, ordinance, regulation, order or decree, whether by the applicant or his agent, his contractor, subcontractor or by his or their employees. The applicant or his agent shall be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect or misconduct in the manner or method of executing the work satisfactorily or due to the nonexecution of the work or at any time due to defective work or materials, and said responsibility shall continue until the work shall have been completed and accepted.
A. 
At the time of application for a street opening permit, the applicant shall submit to the Town a performance bond to assure that permanent repairs are effected.
B. 
The performance bond required under § 199-2, above shall be in the form of either a check made payable to the Town of Dover or a street opening bond issued by a surety company authorized to do business in the Commonwealth of Massachusetts and guaranteeing the applicant's satisfactory performance of the work under the permit in all respects, including the replacement or restoration of any portion of the ROW disturbed by the excavation.
C. 
The bond shall allow the Town of Dover to perform work deemed necessary by the Highway Director or his representative to correct any deficiencies, and all costs incurred by the Town to complete the repair or correct deficiencies may be applied against the bond.
D. 
Upon satisfactory completion of permanent repairs and final acceptance in writing by the Highway Department, the balance of the bond will be returned in full to the applicant.
E. 
The amount of the bond shall be calculated at a rate of $41 per square yard of area within the ROW disturbed for the installation of a new driveway, $20 per square yard for resurfacing an existing driveway and $69 per square yard of area disturbed at any trench installation. It shall be assumed that the disturbed area will extend 4 feet beyond each edge of the proposed final driveway or trench.
F. 
All bonds will be held for the permit period and an amount equal to 25% of the performance bond will be held for a period of 1 year after the date of final acceptance of all work.
G. 
The above twenty-five-percent retainage per application will be waived, provided that the applicant or his agent maintains a performance bond of $1,000 with the Town. The bond shall be renewed each year or extended to cover 1 year beyond the acceptance of the last driveway installed by the contractor.
A. 
Town of Dover departments will not be required to pay a fee or post a bond, but they will be required to obtain a permit.
B. 
No permit or bond will be required for incidental grading and landscaping work performed by property owners on unpaved frontage areas within the public right-of-way. This clause shall in no way diminish the Town authority over said areas.
C. 
Bonds from public utility companies that are self-insured will be acceptable if the terms and conditions are similar to those outlined herein.
D. 
Public utility companies may be allowed to pay fees on an annual or periodic basis at the discretion of the Board of Selectmen.
E. 
The permit fee may be waived by the Board of Selectmen for any resident over the age of 65, based upon financial hardship.
A. 
Failure to obtain a permit as required in this chapter before commencing the work, or having obtained a permit, failure to comply with regulations, shall be subject to a fine of $100 for each offense, pursuant to the Town Bylaws. Each day in which violation continues shall constitute a separate offense. For purposes of this chapter, the Highway Director shall be the enforcement officer.
B. 
In the event that the Highway Director determines that there has been a violation of this chapter, he shall notify the violator, in writing, via certified mail, return receipt requested, stating the nature of the violation and stating the date and time at which the person may have an opportunity to address the violation with the Highway Director before enforcement actions are initiated. In the event that the violation(s) identified in such notice involve ongoing excavation work within a ROW, the notice shall include an order to cease all further work in the ROW until the matter has been resolved to the satisfaction of the Highway Director.
A. 
There shall be no excavation prior to April 15 or after November 15.
B. 
No street shall be blocked overnight, and daytime blockage shall be kept to a minimum. If police traffic control is required, costs shall be paid by the applicant, in addition to the application fees specified herein.
C. 
The applicant or his agent shall be fully responsible for the work, including traffic control and public safety, at all times.
D. 
All work shall be completed in full to the satisfaction of the Highway Director within the duration period of the permit as specified in § 199-2D above.
E. 
No excavations shall remain open overnight.
F. 
No equipment shall be left overnight within the ROW.
G. 
The applicant shall provide emergency telephone numbers for himself and/or his contractor.
H. 
The applicant shall notify abutters on both sides of the street adjacent to the proposed work prior to the commencement of work, by registered mail.
A. 
Nothing in this chapter shall prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble or repairing conduit, cable or pipe.
B. 
A permit shall be applied for on the first working day after emergency work is commenced.
A. 
No permits will be issued for the excavation of paved surfaces on streets that have been reconstructed or resurfaced or are newly constructed and accepted by the Town within 5 years following the installation of new street surfaces, except in the case of extreme emergency or hardship, as approved by the Board of Selectmen.
B. 
Jacking or tunneling without disturbing the road pavement may be required. After the fact restoration resulting from extreme emergency work will be performed to standards established for each case to assure that the patch will have a life expectancy equal to surrounding pavement.
C. 
See the Appendix for street listing of newly paved roads.[1] Also check with the Highway Department for roads paved this year which are not yet on the list.
[1]
Editor's Note: The listing of newly paved roads is on file with the Highway Department and may be examined there during regular business hours.
A. 
The intent of this chapter is to assure that the street is restored to a condition at least equal to its condition prior to excavation.
B. 
Trench backfill material may be approved material from the excavations or granular borrow material. Frozen or saturated material shall not be used.
C. 
Backfill shall be compacted by mechanical compactors, in twelve-inch layers, to 90% of optimum dry density.
D. 
In paved areas where restoration is to occur, the pavement, including gravel base courses, shall conform to the typical sections and requirements of the current Planning Board Rules and Regulations for new streets.
E. 
Adjoining edges of existing pavement shall be trimmed to a vertical face and coated with rubberized asphalt crack sealer before placing the bituminous pavement patch.
F. 
Any roadway appurtenances, such as signs, curbs, pavement markings, etc., that are disturbed by the work shall be restored to their original locations.
G. 
Construction details not specified herein shall conform to details furnished by the Highway Department at the time of application.
H. 
See the Appendix[1] for additional details relating to utility trenches, driveways and roadway sections.
[1]
Editor's Note: The Appendix is included at the end of this chapter.
A. 
Temporary pavement patches may be made for emergency work, winter work or where permanent paving is not feasible immediately following backfill as determined by the Highway Director or his representative.
B. 
The temporary pavement may be bituminous cold-patch material and is to be a minimum of 2 inches of compacted thickness.
C. 
Temporary patches shall be maintained by the permittee. Any holes or depressions which may occur shall be filled so as to keep the surface in a said condition for traffic.
D. 
Temporary patches shall be removed and replaced with permanent patches as soon as possible and whenever directed by the Highway Director or his representative.
A. 
Subgrade.
(1) 
All existing material shall be removed to the subgrade plane, as defined by the typical cross section (see Appendix[1]), for the entire width of the finished roadway, plus 1 foot minimum each side.
[1]
Editor's Note: The Appendix is included at the end of this chapter.
(2) 
Ledge and large boulders shall be removed to a depth of at least 1 foot below sub-grade plane for the entire width of the finished roadway.
(3) 
Inspection of subgrade plane, preliminary
(4) 
Clay, muck or other unstable material shall be removed to a greater depth as directed by the Highway Director or his representative.
(5) 
Backfill or approved stable material in six- to twelve-inch layers, thoroughly compacted, shall be used to bring the subgrade to the plane.
(6) 
The entire width of the sub-grade plane shall be thoroughly compacted before graveling is started.
(7) 
Inspection of subgrade plane, final.
B. 
Gravel base.
(1) 
Approved gravel shall be placed over the sub-grade plane in 2 six-inch layers the entire width of the finished roadway, plus 1 foot minimum each side.
(2) 
The top six-inch layer shall be dense graded crushed stone M2.01.7 over 6 inches of gravel borrow M1.03.0 Type C. The surface shall be thoroughly compacted and brought to a true and even grade at the gravel base plane. Total depth of gravel at all points after complete compaction shall be not less than 12 inches.
(3) 
Additional depths of gravel base, placed as above specified, may be required to replace unsuitable subgrade materials as the Highway Director or his representative shall determine.
(4) 
All streets other than local dead end streets shall substitute the top six-inch lift of gravel base with dense-graded crushed stone base conforming to Section M2.01.7 of the MHD Standard Specifications for highways and bridges.
(5) 
Inspection of gravel base plane.
A. 
The location of each driveway opening shall be approved in writing by the Highway Department before any work is started.
B. 
The portion of a driveway within the ROW shall be constructed in accordance with the Typical Driveway Plan and Section, which is appended hereto as Appendix A[1], and shall conform to the following dimensions:
(1) 
Residential drives.
(a) 
Width: minimum of 12 feet; maximum of 18 feet.
(b) 
Radius: minimum of 5 feet; maximum of 10 feet.
(2) 
Commercial drives.
(a) 
Width: minimum of 20 feet; maximum of 24 feet.
(b) 
Radius: minimum of 20 feet; maximum of 30 feet.
(3) 
Resurfacing existing drives.
(a) 
The criteria outlined in Subsection B(1) shall be waived for the resurfacing of an existing residential driveway built before January 1994.
(b) 
No exception to the dimensional criteria stated in Subsection B(2) will be allowed for resurfacing of a commercial driveway.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C. 
Where driveway construction crosses existing drainage courses at the edge or adjacent to the edge of the traveled way of any street, a culvert shall be installed to maintain free flow of runoff. The size and method of placement shall be as directed by the Highway Director or his representative.
D. 
The area between the edge of the street pavement and the right-of-way line or a minimum of 10 feet shall be excavated of all clay and subsoil, other than gravel. Such excavation shall be backfilled with good quality bank gravel or dense graded crushed stone and thoroughly compacted in twelve-inch layers to a dry density below finish grade of 90% with a mechanical compactor.
E. 
Over the gravel base shall be constructed a bituminous concrete pavement. It shall be placed in 2 courses.
(1) 
Residential, two-and-one-half-inch bituminous concrete base and one-and-one-half-inch bituminous concrete top, having a total thickness of 4 inches after compaction with a self-propelled roller having a minimum weight of 5 tons.
(2) 
Commercial, two-and-one-half-inch bituminous concrete base and one-and-one-half-inch bituminous concrete top, having a total thickness of 4 inches after compaction with a self-propelled roller having a minimum weight of 5 tons.
F. 
The Highway Department shall be notified upon completion of driveway construction.