[HISTORY: Adopted by the Town of Braintree as prior code §§ 113-5 to 113-8 and 113-10. Amendments noted where applicable.]
[Amended ATM 5-15-2002 by Art. 47]
No opening or obstruction shall be made in, nor, except as provided in § 12.08.030, shall any material be placed on a public way or a way under control of the Town, either by a department of the Town or a private individual or corporation, unless a permit therefor shall first be obtained from the Board of Selectmen or Director of Public Works.
Before such permit is granted, an applicant, other than a Town department, may be required to deposit cash or a certified check in a sum satisfactory to the Board of Selectmen conditioned upon the faithful discharge and performance of every duty and requirement imposed by statute, bylaw of the Town or regulation of the Board of Selectmen applicable thereto and upon conformance to all directions of the Director of Public Works relating to the work to be done under such permit and upon the payment of all expenses and damages incurred by the Town or recovered from it by reason of or in connection with such occupation, opening or work.
Each applicant for a permit to open a street shall deposit with the Town Treasurer an amount prescribed by the Director of Public Works as a condition to the issuing of the permit to cover the cost of resurfacing after the opening has been closed; provided, however, that an applicant may be excused from making such payment in advance when a satisfactory guaranty is given.
Except as noted in Subsection E, below, no permit shall be granted within the moratorium period specified below for any nonemergency excavation within the improved area. (NOTE: Emergency excavations for National Grid or other gas companies shall consist of evacuation to fix a "Grade 1" leak. For all others an "emergency" shall be defined as in Massachusetts' "Dig Safe" law, MGL c. 82, §§ 40 and 40A through 40E.)
[Added 8-11-2015 by Ord. No. 15-033]
The Town Council may grant a petition of National Grid or another gas company for a permit to excavate in an improved area under the moratorium and may require such mitigation and repairs as it sees fit, and it may require that surety be posted to secure the completion of the required mitigation and repairs.
The Mayor may grant a petition of others for a permit to excavate in an improved area under the moratorium for public-safety-related concerns, and may require such mitigation and repairs as he sees fit, and he may require that surety be posted to secure the completion of the required mitigation and repairs.
The minimum mitigation and surface repair requirement that should be expected for longitudinal excavation in an improved area in the first seven years of the moratorium is for full-width curb-to-curb milling and repaving for the full length of the excavation along the road plus another 25 feet at each end. (NOTE: Length and/or width of repair may be varied at intersections and in other special circumstances.)
The minimum mitigation and surface repair requirement that should be expected for a) all transverse excavation or for b) longitudinal excavation in the last three years of the moratorium is crown-to-curb milling and repaving the extent of the excavation plus another five-foot length each edge in the direction of traffic. (NOTE: Length and/or width of repair may be varied at intersections and in other special circumstances.)
All pavement markings shall be replaced in-kind. Curbs and sidewalks must be repaired or replaced, each to the satisfaction of the Highway Superintendent. Infrared treatment of seams may be required at the discretion of the Highway Superintendent. [Added 8-11-2015 by Ord. No. 15-033]
Any person excavating land or any person in charge of such excavation and/or any owner of land which has been excavated shall erect barriers or take other suitable measures to fence the excavation within two days after such person has been notified, in writing, by the Board of Selectmen or the Building Inspector that in its or his opinion such excavation constitutes a hazard to public safety.
No person shall place or cause to be placed upon any sidewalk any box, crate, barrel, refuse receptacle, package or any container or other object so as to obstruct the same for more than one hour or for more than 10 minutes after being notified by a constable, police officer or Selectman to move it, unless a permit has been issued by the Board of Selectmen authorizing such obstruction. Nothing in this section shall prohibit the placing in suitable locations at the edge of the street or sidewalk of suitable containers filled with rubbish for disposition in connection with a duly authorized public rubbish collection, provided that such container shall be reasonably removed from the street or sidewalk after being emptied.
No person intending to erect, repair or take down any building on land abutting on any street or way which the Town is required to keep in repair, and desiring to make use of any portion of such street or way for the purpose of placing therein building materials or rubbish, shall do so until he shall have given notice thereof to the Selectmen and obtained their permit therefor.
The Selectmen may grant a permit to occupy a portion of such street or way, and if such permit is granted, it shall be upon the condition that the licensee shall keep a sufficient number of lighted lanterns at or near the parts of the street or way obstructed or unsafe and shall keep a railing or guard around the same while such obstruction shall continue.
If such obstruction is more than a temporary condition, the licensee shall place a good temporary walk around such obstruction and at the completion of the work shall restore the street or way to its former condition.
Before issuing a permit as hereinabove provided, the Selectmen shall require from the person applying for the same a written agreement (and may require a bond) to indemnify and save harmless the Town against and from all damages by reason of any claim for damages or by reason of any proceeding, criminal or civil, on account of the existence of such obstruction or excavation.
It is unlawful to obstruct or block a private way with a vehicle or any other means so as to prevent access by fire apparatus or equipment to any multiple-family building, stores, shopping centers, schools and places of public assembly.
It is unlawful to obstruct or park a vehicle in any fire lane, such fire lanes to be designated by the head of the Fire Department and posted as such. Such fire lanes to be a distance of 12 feet from the curbing of a sidewalk in a shopping center, apartment complexes and similar locations. Where no sidewalk with curbing exists, the distance and location shall be established by the head of the Fire Department.
Any object or vehicle obstructing or blocking any fire lane or private way may be removed or towed by the Town under the direction of a police officer at the expense of the owner and without liability to the Town.
The owner of record of any building affected by these sections shall provide and install signs and road markings as provided in Subsection B of this section. Such signs shall be no less than 12 inches by 18 inches and shall read "Fire Lane — No Parking — Tow Zone."
Any person violating any of the foregoing sections shall, for each offense, be punished by a fine of $15. Each day that such violation continues shall constitute a separate offense.