[HISTORY: Adopted by the Highway Department of the Town of Dover;
approved by the Board of Selectmen 4-30-1996. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The written permission from the administering agency, the Highway
Department, as appointed by the Board of Selectmen.
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]
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.
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.
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.
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.
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]
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.
