Town of Falmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[12-19-1990]

§ FPWR-1 Purpose; title.

This regulation governs the opening and excavation within town rights-of-ways; imposes requirements for the protection of life and property in connection with work within town rights-of-ways, including traffic and pedestrian safeguards and protection of utilities and other property; establishes standards of performance for such work; establishes a permitting process with fees, surety and insurance; and prescribes penalties for violation of its provisions. This regulation shall be known and may be cited as the "Street Opening Regulation of the Town of Falmouth."

§ FPWR-2 Definitions.

For the purpose of this regulation, certain words and terms are defined as follows:
ANNUAL
The Town of Falmouth's fiscal year, July 1 to June 30.
APPLICANT
Any person, firm, partnership, association, corporation or organization of any kind, including utility companies, authorized to undertake excavation or in any way make a change to existing conditions in a public way of the Town of Falmouth.
DIRECTOR
Director of Public Works of the Town of Falmouth. He may from time to time delegate certain of these duties to designees who act in the town's behalf.
EXCAVATION
Any opening in the surface of a public way made in any manner whatsoever.
FACILITY
Pipe, pipeline, tube, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material structure, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public way.
PUBLIC WAY
Any accepted street layout, including appurtenances such as berms, curbs, drains, sidewalks, bike-paths and shoulders within the layouts, for which the public has access and the town is responsible for maintaining.
UTILITY
A private company and/or corporation or municipal department engaged in providing a particular service to the general public.
WORKING DAY
Monday through Friday, holidays excluded, between the hours of 7:00 a.m. and 4:00 p.m.

§ FPWR-3 General requirements.

A. 
Permit.
(1) 
Applicability. Any person, firm, partnership, association, corporation or organization of any kind, including utility companies, who intends to breach in any way, disturb or change any road, berm, curb, sidewalk, bike-path or shoulder, with the exception of utility poles, within the limits of a public way shall obtain a permit from the town which is signed by the Director or his authorized designee. In addition, no contractor or subcontractor will perform such work unless certified by the Town of Falmouth, Department of Public Works, Engineering Department.
(2) 
Issuance.
(a) 
Except in the case of any emergency or otherwise authorized by the Director, a permit shall not be issued for major work in critical areas of high traffic volume between Memorial Day and Labor Day. Major work being described as any excavation that will severely affect vehicles or foot traffic or create unsightly conditions.
(b) 
Application forms for permits shall be obtained from the Department of Public Works, Engineering Department, 59 Town Hall Square, Falmouth, MA 02540, Telephone 548-7611 Ext. 245.
(c) 
Completed applications with appropriate application fees and securities shall be submitted to the Engineering Department no later than five (5) full working days prior to the start of any work. Each application shall be accompanied by plans showing the location of the excavation by using house number and/or pole numbers, etc. (See Appendix A[1] and specifications which are commensurate with the size and complexity of the proposed work.
[1]
Editor's Note: Said appendix is on file in the Department of Public Works.
(d) 
Permits shall be issued within three (3) working days following receipt of the completed application, including fees and securities. Permits not approved will be returned within three (3) working days with an explanation of disapproval. Disapproved applications will be returned with any securities submitted, but the application fee is not refundable. Disapprovals may be appealed to the Town Administrator.
(e) 
Permits shall be issued for a period not exceeding six (6) months. They may, upon written application of the applicant and with written permission of the Director, be extended, up to an additional period of six (6) months. After one (1) year, a new permit shall be required.
(f) 
In the case of an emergency repair, such as a break in a utility pipe or line, a permit shall be applied for within one (1) working day following start of work and shall contain a written statement of the conditions which necessitated the work. The Engineering Department shall be notified at the earliest possible time (same or beginning of the following day).
(3) 
Notifications.
(a) 
The applicant shall notify the Engineering Department twenty-four (24) hours prior to:
[1] 
Commencing actual work.
[2] 
Installing a temporary or permanent pavement patch.
(b) 
The applicant shall notify the Engineering Department within two (2) working days following completion of all work. Notification can either be written or by telephone.
(4) 
Completion of work. Upon completion of work, including installation of the permanent patch and other restoration work, the permittee shall submit a written statement indicating compliance with standards set forth in these regulations. All work performed for utility companies shall, in addition to the firm which performed the work, require the signature of an authorized representative of the company. The guarantee period shall begin when the written completion letter is received by the Engineering Department.
(5) 
Fees. At the time of application, a minimum base charge shall be paid as indicated in the attached schedule.[2] This charge is in addition to charges assessed by the town for a sewer connection which requires the issuance of a separate permit. Utility companies may, upon request to the Director, pay the application charges on an annual basis (July 1 to June 30), based upon the anticipated level of work.
(a) 
The initial base application fee shall cover the excavation up to and including fifty (50) square feet. The size of excavation shall be determined by the Department of Public Works at the time of the initial application. The charge for excavation or pavement patch after the initial fifty (50) square feet shall be as indicated in the attached fee schedule. In the event that the actual excavation is greater than initially planned, additional fees will be assessed if appropriate.
(b) 
There will be no fee for certification of contractors and subcontractors.
(c) 
Unless otherwise specified by the Director, fees may be paid by check made payable to the "Town of Falmouth."
[2]
Editor's Note: Said schedule is included in Ch. 119, Fees, Art. III.
(6) 
Permits at work sites. A copy of the permit, along with any special written instructions issued by the Director, shall be available at the work site so that it is available at any time to any official of the Town of Falmouth (except utilities).
(7) 
Revocation of permits. Permits may be canceled or suspended at any time by the Director due to the applicant's failure to comply with these regulations. Permits are automatically canceled when or if either the insurance endorsement or posted security are canceled.
(8) 
Permit refusal. If the applicant, his contractor or subcontractor has previously failed to perform work in accordance with these regulations, the Director may refuse to issue subsequent permits to the applicant until such time as all prior work performed by the applicant, his contractor or subcontractor is completed to the satisfaction of the Department of Public Works and the Director is satisfied that the applicant will comply in the future.
B. 
Posted securities.
(1) 
Requirements.
(a) 
Before a permit is issued, the applicant shall post a certified check made payable to the "Town of Falmouth" or an irrevocable letter of credit issued by a Massachusetts banking or lending institution to the "Town of Falmouth" for the specific project which guarantees the faithful, satisfactory, timely and safe performance of the work in accordance with these regulations. In the case of a utility company which performs its own work, no satisfactory bond of security will be required if the company guarantees the performance of work in accordance with these regulations (§ FPWR-2, "Utility," applicable).
(b) 
All posted securities shall be written so as to allow the Town of Falmouth, without further recourse, to perform work deemed necessary by the Director to correct any deficiency, and all costs incurred by the town shall be applied against the security if they are not recovered within thirty (30) days following the date of a bill sent to the applicant. Additionally, it shall provide that the security cannot be released without approval of the Director.
(2) 
Security amounts.
(a) 
The security amounts are indicated in the attached Fee Schedule.[3]
[3]
Editor's Note: See Ch. 119, Fees, Art. III.
(b) 
The Director may require larger amounts of security if the size and complexity of the work so indicates.
(3) 
Guarantee and release of security.
(a) 
The guarantee period, during which the applicant shall be responsible for restoration, repair and maintenance, is one (1) year commencing from the date of receipt of the letter of completion. If the applicant fails to immediately repair and/or replace any defective work, the Department of Public Works will correct the defect and charge the applicant.
(b) 
The posted security, less any cost incurred by the town under this regulation, shall be released by the Director at the end of the guarantee period, provided no repair work is pending at the time. If the repair work is pending, the posted security shall be retained, unless such maintenance and repair is made necessary by the act or neglect of another, until such time as the repair is completed to the satisfaction of the Director or his designee.
C. 
Insurance endorsement.
(1) 
Requirement. Before a permit will be issued, the applicant shall file with the Engineering Department an insurance certificate when requested by the Director. Insurance shall name the "Town of Falmouth" as an assured and must be issued by an insurance company authorized to issue such insurance in Massachusetts.
(2) 
Coverage. The policy of insurance shall include the following amounts:
(a) 
Bodily injury liability shall be for not less than three hundred thousand dollars ($300,000.) for injury or death of any one (1) individual, and not less than five hundred thousand dollars ($500,000.) injury or death in any one (1) accident.
(b) 
Property damage liability shall be for not less than three hundred thousand dollars ($300,000.) and shall include damage to property caused by explosives and blasting, or by vehicles or equipment, or on account of trenches, or from any other cause. The Director may in his sole discretion require increased limits for property damages.
(c) 
The period of insurance coverage must extend through the expiration date of the permit.
D. 
Annual blanket permit.
(1) 
The Director may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public way where the opening or excavation does not exceed two (2) feet in width and four (4) feet in length and other miscellaneous excavations approved by the Director to the following:
(a) 
A public utility (electric, gas and telephone).
(b) 
Water and sewer departments of the town.
(c) 
Housing authority.
(2) 
A one-time annual fee of five hundred dollars ($500.) will be required at the time of requesting the annual blanket permit. No security deposit will be required; in such cases, the utilities shall be liable for the actual cost of any work required to be done by the Department of Public Works in restoring the area covered by such excavations to as good condition as the same was in before such work was done; further provided, however, that the Director may, in the future, require such security deposit from any such utility if a bill rendered in accordance with this section remains unpaid thirty (30) days after date of billing.
(3) 
Notification of excavation must be received by the Director four (4) days in advance of any excavating in accordance with the granted annual blanket permit.

§ FPWR-4 Work safeguards.

A. 
General requirements. The permittee shall be responsible for the safety of the public and property from the time work is started to the end of his guarantee period.
B. 
Protection of public.
(1) 
Traffic protection. The applicant shall maintain safe crossings for two (2) lanes of vehicle traffic at all public intersections as well as safe crossings for pedestrians at intervals of not more than three hundred (300) feet. If an excavation is made across a public way, it shall be made in sections to assure maximum safe crossing for vehicles and pedestrians. If the way is not wide enough to hold excavated material for temporary storage, the material shall be immediately removed from the location.
(2) 
Traffic control devices. The applicant shall furnish and install necessary traffic control devices to insure the safe and expeditious movement of vehicular and pedestrian traffic through the construction area. Traffic control devices include, among others, signs, lighting devices, cones, barricades and hand signaling devices. All such devices shall be in accordance with the provisions of "Manual on Uniform Traffic Control Devices for Streets and Highways" 1988 Edition. Additional devices may be required by the Director and/or Chief of Police.
(3) 
Noise. The applicant shall conduct and perform excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. Except in the case of an emergency, no work shall be performed between the hours of 7:00 p.m. and 7:00 a.m.
C. 
Protection of property.
(1) 
Vital structures. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, police stations, fire escapes, catch basins or any other vital public necessity as designated by the Director.
(2) 
Adjoining property. The applicant shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and by taking such other precautions as may be necessary for the purpose. The applicant shall, at his own expense, shore up and protect buildings, trees, walls, fences or other property likely to be damaged during the process of the excavation work and shall be responsible for all damage to public or private property or roads resulting from its failure to property protect and carry out said work. All protective work carried out or deemed necessary to protect buildings, foundations and the like must be approved by the Town Building Commissioner.
(3) 
Dust and cleanup. During the course of and upon completion of work, all public ways shall be thoroughly cleaned, at the permittee's expense, of all rubbish, excess earth, rock and other debris. The applicant shall take necessary precautions to prevent and avoid dust and to keep gutters free and unobstructed for the full depth of the adjacent curb.
(4) 
Catch basins. The applicant shall keep all catch basins clear and serviceable.
(5) 
Utilities sewers and drains.
(a) 
The applicant shall, in accordance with Massachusetts General Laws currently in effect, give proper and timely notice to public utilities before making any excavation in a public way. The applicant shall not interfere with any existing facility. If it becomes necessary to relocate an existing utility, this shall be done by its owner and the cost of such work borne by the permittee.
(b) 
The applicant shall inform itself as to the existence and location of all underground facilities and protect the same against damage. The applicant shall adequately support and protect by timbers, sheeting, etc., all pipes, conduits, poles, wires, cables or other appurtenance which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect the under, over, along, or across such work area. In the event any of said pipes, conduits, poles, wires, cables or appurtenance are damaged, and for this purpose pipe coatings or outer encasements or similar type protective devices are to be considered as part of a substructure, such damage shall be repaired by the agency or persons owning them and the expense of such repairs borne by the permittee. The applicant shall be responsible for any damage done to any public or private property by reason of the breaking of any water, sewer, drains or gas pipes, wire, conduits or other such similar type appurtenance.
(6) 
Monuments. The applicant shall engage a registered land surveyor to reset any survey boundary monuments disturbed during the course of work.
(7) 
Trees. The applicant shall not remove, even temporarily, any trees or shrubs which exist within the public right-of-way without first obtaining permission from the Town Tree Warden. In the event that a tree or shrub is damaged or destroyed or is authorized for removal, the applicant shall replace the tree or shrub at his expense. The species, size and place of relocation shall be determined by the Tree Warden. In addition, if three (3) or more are involved in a permit, all chipable material including branches and slash up to four (4) inches in diameter shall be reduced to chip and delivered to the Department of Public Works, Highway Department located at Gifford Street, Falmouth. All tree stumps and debris resulting from such work will be removed from the work site at applicant's expense.
(8) 
Scenic roads. On roads which have been designated as "scenic roads", the tearing down, painting or destruction of stone walls, cutting or removal of trees, and the repair, maintenance and reconstruction or paving work done within the right-of-way, including the construction of new driveways or alterations of those existing, insofar as they affect stone walls or trees within the right-of-way, shall require the written approval of the Planning Board.
(9) 
Traffic signs. No traffic regulating warning, directional or street name signs shall be removed from the area or relocated therein unless so indicated on the plans or unless so indicated by the Director. Signs shall be removed and replaced as directed by the Director.
D. 
Violations. Any condition at the work site which, in the opinion of the Director or designee, Police Department, Fire Department or Building Commissioner adversely affects the safety of the public or property shall be immediately corrected by the applicant. If the permittee fails to take corrective action, the Department of Public Works will take whatever action is deemed necessary to correct the problem and the applicant shall be charged for the cost of the correction. Repeated violations shall result in revocation of the permit.

§ FPWR-5 Excavation.

A. 
General requirements. The excavation and reconstruction of sidewalks, bike-paths, curbs, wheelchair ramps, road pavement, shoulders and other structures in the public way shall be in accordance with standards set forth in these regulations. As a general rule, reconstruction shall be of the same type and design as that existing at the time work was commenced. However, in certain instances, the Director may require the applicant to alter the reconstruction.
B. 
Pavement cutting. Pavement will not be disturbed if driving dry boring, coring or jacking methods can be used to accomplish the installation. Extreme care must be taken to protect existing underground utilities. All pavement cutting will be either perpendicular to or parallel to the center line of the roadway or sidewalk and any deviation from this policy must be approved by the Director.
(1) 
Cutting of bituminous pavement surface with a pneumatic cutter or its equal ahead of excavations is required. Such cutting will be done to confine pavement damage to the limits of the trench.
(2) 
Sections of cement concrete sidewalks shall be removed to the nearest score line or approved saw cut edge.
(3) 
Unstable pavement shall be removed over cave-outs and over breaks, and the subgrade shall be treated as the main trench.
(4) 
Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(5) 
Cutouts outside of the trench lines must be normal or aligned parallel and/or perpendicular to the center line of the trench.
(6) 
Trenches and excavations shall be braced and sheathed when necessary, as required by OSHA specifications.
(7) 
No work will be permitted to be done under the hardened surface of any newly paved road, except emergency repairs or work that is absolutely unavoidable, for a period of five (5) years. Such work shall be permitted at the discretion of the Director of Public Works.
C. 
Trenches. Unless a shorter length is specified by the Director, the length of open trench permissible at any one time shall be limited to no more than three hundred (300) feet. No greater length shall be open for pavement removal, excavation, construction and backfilling without written permission of the Director.
D. 
Backfilling.
(1) 
The trench in the street must be filled and temporarily resurfaced in the same day it is opened unless otherwise directed by the Director or his designee. The trench shall be backfilled to within twelve (12) inches of the top with approved excavated materials. Ten (10) inches of approved gravel shall be placed in the trench and the remaining two (2) inches shall be filled with temporary bituminous surface. Road surface shall be precut to avoid damaging surfaces surrounding the trench.
(2) 
The backfilled material in the trench must be mechanically tamped in six-inch layers; or if backfill material does not contain too much clay, it may instead be thoroughly puddled unless otherwise directed by the Public Works Department. If the temporary road surface is not placed the first day, then as soon as it is consistent with the permanency of the work or directed by the Public Works Department, the gravel subbase shall be excavated to the required grade in order to place two (2) inches of bituminous surface. The temporary pavement shall be placed and raked to a uniform surface, rolled to the thickness and to grade that will match the existing bituminous road surface.
(3) 
The applicant shall maintain the temporary surfacing and shall promptly fill with similar material any depressions and holes that may occur so as to keep the surfacing in a safe and satisfactory condition for traffic.
(4) 
Temporary resurfacing may be either so-called "cold patch" or plant mixed hot-asphalt aggregate, all is produced in accordance with the standard specifications of the Massachusetts Department of Public Works and is to be a minimum of two (2) inches compacted thickness.
(5) 
A minimum of three (3) months after the temporary resurfacing, unless a shorter period is approved by the Director, the temporary subbase shall be excavated to the required grade in order to place the bituminous concrete surface.
E. 
Restoration of permanent paving.
(1) 
All permanent paving shall be done in accordance with the specifications of the Department of Public Works of the Town of Falmouth by and at the expense of the applicant.
(2) 
The applicant shall remove and acceptably dispose of all excavated material before proceeding with the remainder of the work and shall thoroughly compact the surface of the subbase. Any broken or irregular edges of existing pavements shall be cut away in a straight line as directed leaving a sound vertical face at least six (6) inches back from the edge of the existing pavement.
(3) 
The bituminous concrete base and top shall be laid and rolled in two (2) courses. The binder (base course) shall be two (2)[1] inches in depth and the top course shall be one and one-half (1 1/2) inches in depth. The minimum total thickness of both courses, measured after rolling, shall be three and one-half (3 1/2) inches. The base course of a permanent pavement shall be placed and carefully raked to a minimum surface and thoroughly rolled to the required thickness. Before placing the base course of the permanent pavement, the edge of the original bituminous surfacing shall receive an application of approved asphalt emulsion so that the new pavement material may be properly bonded to the old. The top course of the permanent paving shall be placed to a grade that will match the existing bituminous surface after rolling.
[1]
NOTE: Base shall not be less than existing roadway base course and not less than two (2) inches.
(4) 
The permanent paving shall not overlap the existing pavement and will not have to be applied with a mechanical spreader unless otherwise directed.
(5) 
The applicant shall furnish, place, grade and compact bituminous concrete pavement of Class I Type I-I as shown and specified in the latest Massachusetts State Department of Public Works Standard Specifications for Highway and Bridges.
(6) 
Under certain circumstances where trenches are considered extensive it may be required, upon completion of patching trenches, to overlay the affected area for the full width of roadway and at least thirty (30) feet beyond the affected area with one (1) inch of dense graded bituminous concrete.
(7) 
All lawn surfaces over the trench shall be replaced with sod or loam and reseeded to grade. All sidewalks dug through shall be carefully patched after backfilling. A bituminous concrete sidewalk shall be squared off and patched with the same material and rolled so as to provide a continuous smooth surface. Cement concrete sidewalks shall be repaired by making a new concrete block or blocks through which the trench passes. Preformed expansion joints, when deemed necessary, will be installed against buildings, walls, steps, foundations or existing concrete blocks. The new cement concrete square shall be made by air-entrained Class "A" (3,500-pound) mix or better and be matched in color with the remaining sidewalk as nearly as possible. All concrete must be cured by covering with material in accordance with the best known concrete curing procedures. All walks shall be laid over a minimum of twelve (12) inches of well compacted gravel. Cement concrete shall be treated with silicone or linseed oil sealer for salt damage prevention. The applicant shall be responsible for repairing any damage to public utilities (water, sewer, gas, electric, telephone, etc.) or to town trees, shrubs, poles or signs which may be disturbed or damaged during the course of the work or on account thereof. The applicant shall be responsible for the maintenance of the street opening excavation trench for one (1) year after the date of completing the installation except where such maintenance is made necessary by the act or neglect of another. Exceptions to the permanent paving requirement of the Department of Public Works of the Town of Falmouth may be made only for state or federal government agencies.
(8) 
All restoration of cement patch paving areas shall be done at the expense of the applicant and must meet with specification of the Department of Public Works.
(9) 
In instances when open cut is permitted, provisions for patching will require, wherever approved by the Director, that six-inch reinforced or precast concrete slab be laid over the backfilled trench extending one (1) foot beyond either side of the edge of surface and allowing for a three-inch bituminous concrete Type I-I surface.
(10) 
When approved, the concrete slab may be cast-in-place conforming to Massachusetts Standard Specifications for Class "F" Cement Concrete and, additionally, shall be high-early strength. The slab shall have steel reinforcing for tensile strength placed in accordance with good engineering practices. The applicant must place temporary heavy duty plating adequate to carry heavy traffic over the trench area until the concrete is sufficiently cured.
(11) 
Consideration may under certain limited conditions be given to the elimination of the concrete patch, allowing underground utility installations to be made where the applicant agrees to replace foundation and base material in kind, and to maintain satisfactorily a permanent (plant mixed hot asphalt) bituminous concrete Type I-I patch for a period of one (1) year except at which time the original permanent patch with approved material. In this case a specific bond may be required to insure the continued maintenance of the permanent (temporary) patch and the construction of the permanent patch at the end of the one-year period.
F. 
Restoration of pavement markings. All permanent pavement markings (crosswalks, traffic center lines, etc.) which are obliterated or damaged during construction shall be repainted by or under the direction of the Department of Public Works at the expense of the applicant.
G. 
Lawns and plantings. All lawn surfaces which are disturbed shall be replaced with sod or six (6) inches of screened loam, limed, fertilized and reseeded with a good quality lawn seed. Likewise any areas containing plantings shall be restored to their original condition with the same or similar plantings. Special care shall be taken to insure the areas are re-landscaped to meet the conditions which existed before the excavation.
H. 
Shoulders. Shoulders which are disturbed shall be reconstructed to previously existing grade and, regardless of its existing condition, shall be loamed with six (6) inches of loam, limed, fertilized and seeded with a good quality lawn seed.
I. 
Sidewalks and bike-paths.
(1) 
Full width pavement restoration shall be required for all sidewalk and bike-path excavations.
(2) 
Bituminous concrete sidewalks and bike-paths shall be repaired using the specifications required for roadway backfilling and patching, with the exception that the existing base may be reused if the material is suitable in the opinion of the Director or his designee. The thickness of the bituminous material will be two (2) inches in one (1) course.
(3) 
Cement concrete sidewalks shall be repaired by making a new concrete block or blocks through which the trench passes. Preformed expansion joints, when deemed necessary, will be installed against buildings, walls, steps, foundations or existing concrete blocks. Specifications and details are available from the Engineering Department.
(4) 
Brick sidewalks shall be repaired in accordance with specifications and details available from the Engineering Department.
(5) 
These regulations will apply to sidewalks and bike-paths maintained by the Town of Falmouth located in the Commonwealth of Massachusetts rights-of-way.
J. 
Curbs and berms.
(1) 
Precast concrete and granite curbs. Concrete or granite curbing which in any way is damaged shall be replaced with granite curbing unless otherwise approved by the Director and shall conform to standards.
(2) 
Bituminous curbs and berms. Existing bituminous curbs and berms which are damaged shall be replaced in a manner which matches the cross-section of existing surrounding curbs and berms unless otherwise directed by the Director. Installation shall be in accordance with standards, specifications and details from the Engineering Department.
(3) 
Poured concrete curb. The use of poured concrete curb is prohibited without specific approval of the Director.
(4) 
Disposition of existing granite curb. All salvageable granite curb recovered from a public way shall be delivered to the Department of Public Works Highway Department located at Gifford Street, Falmouth, MA.
K. 
Driveway openings.
(1) 
Construction. Driveway entrances onto public ways shall be constructed or reconstructed according to the conditions existing in the immediate area and shall have a positive pitch to the street and a minimum of four (4) inches of bituminous concrete on six (6) inches of three-fourths-inch dense grade material. Driveway entrances in areas which have concrete sidewalks shall have a minimum thickness of eight (8) inches of portland cement concrete with six-by-six No. 8 wire reinforcing on six (6) inches of three-fourths-inch dense grade material. All openings shall be bituminous concrete or cement concrete extending for a minimum of five (5) feet back from the existing roadway pavement. If openings are to be constructed through existing sidewalks, the requirements as stated above will extend through the full width of sidewalk or for five (5) feet, whichever is greater. In addition, all sidewalk construction will comply with the standards as set forth in the "Rules and Regulations of the Architectural Barriers Board" of the Commonwealth of Massachusetts. Driveways shall not have a greater width than thirty (30) feet (not including splays).
(2) 
Location. Driveways shall not be located on small radius curves and shall be positioned as to provide maximum sight distance and safety. Tree removal will be permitted only when an adequate driveway entrance cannot be established in a location where such removal could not be avoided. Removal must be approved by the Town Tree Warden.
(3) 
Abandoned entrances. Abandoned entrances shall be reconstructed to match the existing surrounding area. Entrances to be abandoned will be so noted on the plans submitted with the application.
L. 
Wheelchair ramps. Existing wheelchair ramps which are damaged or removed shall be reconstructed of Portland cement concrete or bituminous concrete with appropriate curb edges in accordance with specifications and details of the Massachusetts Architectural Access Board which are available from the Engineering Division or Building Department.
M. 
Erosion control. The applicant shall take whatever precautions are required to insure that runoff will not create erosion and siltation problems. In particular, the applicant shall protect drainage structures from siltation by whatever means required, including but not limited to the piling of excavated material away from drainage structures and the installation of hay bales or filtered fabric fences. In the event that drainage facilities do become damaged by siltation, the applicant will be required to clean or replace damaged drainage structures as determined by the Department of Public Works, at the expense of the applicant.
N. 
Infrared heater method.
(1) 
Repairing of bituminous concrete roads and sidewalks by the infrared heater method shall be as follows:
(a) 
Area to be repaired shall be swept clean to remove all loose and foreign material.
(b) 
An approved infrared heater shall be placed over the area to be repaired for several minutes until a depth of two (2) inches of the existing pavement has been softened. Care must be taken to avoid oxidation of the pavement by improper heating techniques. If this condition occurs, the unsuitable material must be discarded, and the new material added.
(c) 
The softened area shall be scarified and raked to a workable condition.
(d) 
Surplus material must be removed, or Class I, bituminous concrete top added as required to bring the heated area to desired grade.
(e) 
After paving mixture has been properly blended, spread and raked to grade, compaction shall be obtained by use of a power roller of sufficient weight to establish a uniform density comparable to that of adjacent surfaces within the work area. Finished patch shall be level with no depression holding water on any of its surface.
(f) 
Edges of the rolled area shall be sealed with suitable asphalt emulsion and sand spread over the entire newly patched area.
(g) 
Work area shall then be swept of all old and excess materials, and left in a neat condition.
(2) 
The finished areas shall be completed in a workmanlike manner satisfactory to the Director of Public Works or his authorized representative.
(3) 
Workmanship determined to be below the high standards of the particular craft involved will not be accepted, and will be corrected and/or replaced as required by the Director of Public Works.

§ FPWR-6 Fines.

A. 
Any person, firm, partnership, association, corporation or organization of any kind including utility companies who perform nonemergency excavation work without a permit or continues to perform excavation work of any kind after a permit has expired shall be fined one hundred dollars ($100.) a day until a permit extension has been approved.
B. 
Any person who performs emergency work and fails to apply for a permit within one (1) working day following start of work shall be fined one hundred dollars ($100.) a day until a permit has been applied for and approved.
C. 
Anyone who performs work without a permit on the basis that it is an emergency and subsequent documentation as required in these regulations fails to justify the emergency shall be fined one hundred dollars ($100.) a day until a permit has been applied for and approved.