[12-19-1990]
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."
For the purpose of this regulation, certain
words and terms are defined as follows:
The Town of Falmouth's fiscal year, July 1 to June 30.
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 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.
Any opening in the surface of a public way made in any manner
whatsoever.
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.
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.
A private company and/or corporation or municipal department
engaged in providing a particular service to the general public.
Monday through Friday, holidays excluded, between the hours
of 7:00 a.m. and 4:00 p.m.
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)
(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."
(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.
(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:
(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.
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.
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.
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.