Town of Ashland, MA
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Ashland Highway Department (now Department of Public Works, Highway Division). Amendments noted where applicable.]
GENERAL REFERENCES
Soil removal — See Ch. 242.
Streets and sidewalks — See Ch. 249.
Sewers — See Ch. 326.
Water — See Ch. 334.
As used in this chapter, the following terms shall have the meanings indicated:
EXCAVATION
Includes the removal of any portion of the existing street, including pavement, curbing, sidewalks or grass areas.
PERMIT
The written permission from the administering agency, the Ashland Highway Division.
STREET
Any accepted street (public way) under the jurisdiction of the Town of Ashland.
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 may be obtained from the Ashland Highway Division, Ponderosa Road, Ashland, Massachusetts, Monday through Friday between the hours of 8:00 a.m. and 3:00 p.m. Permits must be obtained at least forty-eight (48) hours before the beginning of work.
Permits will be issued for a period of thirty (30) days. An extension of thirty (30) days may be obtained, in writing, from the Highway Division. All excavations and permanent repairs shall be completed in full and approved by the Highway Division within the permit time period.
Permits must be kept at the job site during the progress of the work and must be shown, upon request, to authorized Ashland Highway Division personnel.
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 form of bond shall be:
(1) 
Certified check or cash, payable to the Town of Ashland, for a minimum of one thousand dollars ($1,000).
(2) 
Certified check or bond of a surety company authorized to do business in the Commonwealth of Massachusetts, conditioned that the applicant shall guarantee the satisfactory performance of the work in all respects and shall replace or restore any portion of the street in which the applicant or his agent performs excavation.
C. 
The bond shall allow the Town of Ashland to perform work deemed necessary by the Highway Division 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 after one (1) year, approved in writing by the Highway Division, the bond will be returned in full to the applicant.
A. 
Town of Ashland departments will not be required to obtain a permit or post a bond. Written notification of street openings should be submitted to the Highway Division.
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's 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.
A. 
No permits will be issued for work prior to April 15 of any calendar year, and no permits will be issued for work that will not be completed in full before November 15.
B. 
No public way 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.
C. 
The applicant or his agent shall be fully responsible for the work, including traffic control and public safety, at all times.
D. 
All repairs shall be completed in full and approved within the specified permit duration or by November 15 of the calendar year work was begun, whichever comes first.
E. 
No excavations shall remain open overnight.
F. 
The contractor will provide all necessary signs and detours, subject to the approval of the Police Department.
G. 
No sewer and water permits will be issued until a street opening permit has been issued.
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 has commenced.
A. 
Trench backfill material may be approved material from the excavation or granular borrow material. Frozen or saturated material shall not be used.
B. 
Backfill shall be compacted by mechanical compactors or puddling in twelve-inch layers to ninety percent (90%) of optimum dry density.
C. 
In paved areas, the pavement restoration, including gravel base courses, shall conform to the typical sections and requirements of the current Planning Board rules and regulations for new streets. Temporary pavement will consist of cold patch for a minimum of two (2) weeks to a maximum of thirty (30) days, at which time permanent repairs shall be made.
D. 
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.
E. 
Any roadway appurtenances, such as signs, curbs, pavement markings, etc., that are disturbed by the work shall be restored to their original locations.
F. 
The replacement material shall consist of a black base course three (3) inches in depth, one (1) course of binder, one and one-fourth (11/4) inches in depth and one (1) course of top material, one and one-fourth (11/4) inches in depth, all to be placed over one (1) foot of gravel.
G. 
Construction details not specified herein shall conform to details furnished by the Highway Division at the time of application.
H. 
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 safe condition for traffic.
I. 
Temporary patches shall be removed and replaced with permanent patches whenever directed by the Highway Division.
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 five (5) years following the installation of new street surfaces, except in the case of extreme emergency or hardship.
B. 
Special permits, on an individual case basis, may be issued for extreme emergency or hardship cases. 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 by the Highway Division, to assure that the patch will have a life expectancy equal to the surrounding pavement.