[HISTORY: Adopted by the Town Meeting of the Town of Plainville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-2011 ATM by Art. 26]
From time to time, it is necessary to excavate in a public way
in order, for example, to install, repair, or remove utilities or
install or realign a driveway including the possible removal or realignment
of curbing and/or fencing. Excluded from the operation of this bylaw
is the general reconstruction or repair of public ways by the municipal
or state agency responsible for the maintenance and repair of such
public ways. This Street Opening Bylaw is necessary to protect the
health and safety of all persons traveling on public ways and is adopted
in accordance with the authority granted, inter alia, by Article 89,
Section 6, of the Amendments to the Massachusetts Constitution, MGL
c. 40, § 21, MGL c. 165, § 20, MGL c. 166, § 25,
and MGL c. 166A.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 to 12213), and the Accessibility Guidelines
for Buildings and Facilities (Appendix to Part 1191) of the U.S. Architectural
and Transportation Barriers Compliance Board, as amended.
Any public utility, municipal department, person or entity
who owns or exercises general responsibility and control over: (i)
utility or other pipes, ducts, lines or other thing buried in or under
a public way, or (ii) real property abutting a public way, or (iii)
real property served by the public way or by items of the type specified
in (i) above and who wishes to perform street opening work.
A $50 nonrefundable processing fee which shall accompany
each application for a street opening permit.
The Rules and Regulations of the Architectural Access Board,
Massachusetts Executive Office of Public Safety (521 CMR), as amended.
The Board of Selectmen of the Town of Plainville has authority
to exercise the powers granted by this bylaw.
That municipal officer or employee to whom the awarding authority
in a writing has delegated some of its powers hereunder so that the
process of permit-granting, inspection, and administration will proceed
expeditiously.
A dense graded or open graded mix with cutback asphalt as
the binder with 1% of the mix being hydrated lime based on the total
weight of the aggregate. The mineral aggregates and bitumen shall
be proportioned and combined to meet the limits specified in Table
A, Subsections M3.11.03 and M3.11.04, of The Standard Specifications.
Bituminous material shall be either cutback asphalt, Grade MC-250
or MC800 conforming to Section M3.02.0 of the Standard Specifications.
Compressing of suitable material and gravel that has been
used to backfill a trench by means of mechanical tamping to within
95% of maximum dry density as determined by the modified Proctor Test
in accordance with ASTM 1557 Method D.
All officers or employees of applicant performing street
opening work or any person or entity engaged by or on behalf of applicant
to perform street opening work. The contractor for purposes of this
bylaw and for all questions of liability in connection with any street
opening work shall be conclusively deemed agents of applicant for
whom applicant is fully responsible.
Also called "flowable fill," CDF is a mixture of portland
cement, flyash, sand and water. It shall contain a minimum of 250
pounds of Class F flyash or high air 25% and will be self-leveling.
It is hand-tool excavatable.
The failure of the permit holder (including all contractors
or other agents of permit holder) to:
Comply fully with provisions of applicable laws and regulations,
Comply fully with all of the applicable provisions of this bylaw
and the street opening permit including written supplemental instructions,
the municipality's General Bylaws or other applicable law, and
Keep its certificate of insurance in full force and effect.
Street opening work which must be commenced immediately to
correct:
A public utility to which MGL c. 164, § 70, applies.
The municipal agency generally responsible for the repair
and maintenance of public ways within the municipality.
That restorative procedure whereby an infrared heater softens
existing pavement to a depth of 1Â 1/2 inches, the softened area
is treated with a penetrating asphalt emulsion, uniformly scarified
and raked to a workable condition, and the treated surface then compacted
by use of a steel-wheeled roller for the purpose of creating a smooth
driving surface consistent with adjacent pavement.
A contractor who holds a current and valid public works construction
license[1] issued by the awarding authority or its representative.
A road that has been repaved (binder and top) within the
past five years.
7:00 a.m. to 3:30 p.m. Monday through Friday excluding holidays.
A final repair of street opening work to be performed in
accordance with this bylaw and intended to return permanently the
opened portion of the roadway to as good a condition as it was in
prior to the performance of the street opening work.
That period of time commencing 12 months and up to 18 months
from the date of installation of the temporary patch.
An applicant to whom a street opening permit has been granted.
Inert material that is hard, durable stone and coarse sand,
free from loam and clay, surface coatings and deleterious materials
and which meets M1.03.1 of The Standard Specifications.
Includes a gas and electric company as defined in MGL c.
164, § 1, telephone and telegraph company subject to MGL
c. 159, § 12, and cable TV companies or other telecommunication
providers regulated by the Department of Telecommunications and Energy.
Any road, including such appurtenances as berms, curbs, drains,
sewers, water mains, sidewalks and paved and unpaved shoulders within
the paper lay-out to which the public has access and the Town is responsible
for maintaining. Also referred to as a "street."
A license required of all contractors who are not officers
or employees of a public utility or municipal department who wish
to perform work including street opening work on public ways.
That amount of cash or money represented by a certified bank
check deposited by applicant with its application to secure applicant's
performance of street opening work in accordance with this bylaw.
The Massachusetts Highway Department's Standard Specifications
for Highways and Bridges, 1995 metric edition.
A permit granted by the awarding authority or its representative
to an applicant for permission to do street opening work in a public
way.
Any cutting, excavating, compacting, construction, repair
or other disturbance in or under a public way together with restoration
of the public way in accordance with this bylaw following such disturbance
but excluding the location or relocation of utility poles for which
a grant of location has been obtained pursuant to MGL c. 166, § 27.
The application of either cold patch or two separate gradations
of bituminous concrete consisting of binder and top layers and compaction
to achieve a density equal to that of the surrounding pavement following
excavation and compaction.
A.Â
No work (except the commencement of emergency repair work in accordance with § 395-7 hereof) in or under a public way shall commence until the applicant shall have applied for in accordance with § 395-4, and obtained from the awarding authority or its representative, a street opening permit. All work contemplated by this bylaw shall be done in a good and workmanlike manner using best engineering and construction practices and shall be done in accordance with (i) all applicable laws and regulations, (ii) all of the provisions of this bylaw, (iii) any conditions contained in the street opening permit, and (iv) such reasonable supplemental instructions not inconsistent with the foregoing as the awarding authority or its representative may from time to time issue. A permit holder shall cause to be restored those portions of a public way disturbed by the permit holder to as good a permanent condition, in the reasonable judgment of awarding authority or its representative, as they were in when permit holder made application thereunder.
B.Â
No person or entity may perform any work (including street opening
work or emergency repair work) in or under a public way unless it
is a permit holder and:
A.Â
The applicant shall file on forms designated by the awarding authority
a completed and signed application at the office of the awarding authority
or its representative (with a copy delivered simultaneously to the
Highway Department) each time it desires to perform street opening
work. The application shall be accompanied by any and all plans, certifications,
certificates of insurance and other items specified in the application
or reasonably requested by the awarding authority. If the applicant
does not intend to perform the street opening work itself, it must
in the application designate a licensed contractor to perform the
work as its agent. The application shall also be accompanied by the
application fee and the refundable deposit.[1]
[1]
Editor's Note: See the Street Opening Bylaw Attachment - Fee
Schedule, included at the end of this chapter.
B.Â
The Highway Department shall promptly review the application and
make written recommendations concerning approval to the awarding authority
and, if appropriate, shall include recommendations concerning permit
conditions and supplemental instructions.
C.Â
The awarding authority or its representative shall make a prompt
determination on the application taking into account the following
and such other facts as it may reasonably consider:
D.Â
If the application is considered favorably, a street opening permit
containing such conditions and supplemental instructions as the awarding
authority or its representative reasonably deems appropriate shall
promptly issue. If the application is not favorably considered, the
awarding authority or its representative shall communicate in writing
to applicant the reasons its application was not favorably considered.
A.Â
The amount of the refundable deposit to secure proper restoration
of a public way after street opening work is determined in the reasonable
judgment of the awarding authority or its representative based on
the extent of the work. (A current schedule of deposits for standard
work is attached.[1])
[1]
Editor's Note: Current information regarding deposit amounts
is on file in the Town offices.
B.Â
Following notice given by permit holder that final permanent repairs
to the public way have been completed, the awarding authority or representative
will make a final inspection. Once the awarding authority or representative
has concluded that permanent repair work has been satisfactorily concluded
and that applicant has no other uncured defaults under street opening
permits, it shall release the unexpended balance of the deposit serving
as security for the street opening permit related to the inspected
work.
C.Â
All refundable deposits that an applicant submits for street opening permits shall be held by the awarding authority in one account which shall be designated as the applicant's refundable deposit account. Applicants upon request may receive periodic reports as to the balance standing within this account. Should a deposit associated with a specific permit be insufficient to secure the proper repair of a public way following a default by the permit holder, the awarding authority without limitation to other remedies available to it can deduct the cost of the proper repair from applicant's refundable deposit account for the purpose of funding the proper repairs. To the extent required by MGL c. 164 applicable to gas companies, the provisions of this section and § 395-6 hereafter shall not be applied to gas companies which in their application for street opening permits claim the exemption set out herein.
From time to time hereafter the awarding authority, after public notice and hearing, may amend the schedule of deposits, the application fee, the hourly after-hours inspection charges or any other amounts due under this bylaw. A reasonable hourly charge for inspectional services which must be performed outside of normal working hours in accordance with a posted schedule established by the awarding authority will be billed to permit holder and due and payable 15 days after billing. In extraordinary situations where extensive installation or renewal of utility lines overburden the normal capacity of the municipal departments to conduct inspections, the awarding authority can, after notice to permit holder or as a condition of the permit, elect to treat all inspections as after-hours inspections and bill permit holder accordingly. Applicants which are municipal departments are exempt from payment of all fees and deposits hereunder. Public utilities to the extent exempted as provided in § 395-5 above are exempt from payment of all fees except the application fee.
[1]
Editor's Note: See the Street Opening Bylaw Attachment - Fee
Schedule, included at the end of this chapter.
A.Â
If the conditions for emergency repair work exist, then an applicant
after giving oral, faxed or electronic notice to the Police and Highway
Departments may commence street opening work. All such emergency repair
work shall be done in strict compliance with this bylaw except for
compliance with any notice provision inconsistent with such emergency
action.
B.Â
On the business day following the commencement of emergency repair work, the applicant shall file with the awarding authority or its representative (i) a written statement setting forth in detail the facts and circumstances constituting the conditions for emergency repair work, (ii) an application for a street opening permit covering the street opening work already commenced in accordance with § 395-4, (iii) the filing fee and required refundable deposit.[1] If all of the materials such as plans, etc., are not then
available to applicant, applicant will supply them as soon as available.
The awarding authority or its representative will promptly process
the application and grant the street opening permit with such conditions
and supplemental instructions as it may reasonably require.
[1]
Editor's Note: See the Street Opening Bylaw Attachment - Fee
Schedule, included at the end of this chapter.
A.Â
The permit holder and/or each licensed contractor shall acquire and
continuously maintain while it possesses any street opening permits
liability insurance coverage on all personnel and equipment to be
used in the street opening work, which insurance is to be with insurance
companies licensed to do business in the Commonwealth of Massachusetts
and shall contain the following coverages and be in the following
minimum amounts:
B.Â
Certificates of insurance shall provide for at least 30 days' notice
to the awarding authority of cancellation or material change. The
name of the municipality shall be listed as an additional insured
on the certificate of insurance.
Any contractor or other person or entity that wishes to perform
work on a public way and which is not either a municipality or a public
utility (including their respective officers or employees) must be
licensed by the awarding authority or its representative. Application
for a public works construction license[1] must be made on a yearly basis.
A.Â
Term of permit. All street opening permits shall be valid for 30
days and, upon written request to the awarding authority or its representative,
renewable for an additional 30 days. Permits must be present at the
work site. Permits can be revoked by the awarding authority or its
representative if the applicant is in default.
B.Â
C.Â
Working hours. Except in emergency situations, street opening work
will occur during normal working hours. The permit holder must give
notice of the intended street opening work 72 hours in advance to
the Highway Superintendent, and, unless the requirement for a police
detail is waived by the Police Chief of the municipality, must arrange
for and pay for a police detail to be present throughout the period
of time that street opening work is being conducted.
D.Â
Dig-safe. The permit holder shall, in accordance with all current
laws of the Commonwealth of Massachusetts, notify all public utilities
72 hours in advance of making any excavation in a street. Such notification
shall be made by means of obtaining a DIG-SAFE number. Said number
shall be provided on the street opening permit application. The permit
shall not be issued until this information is provided.
E.Â
Existing utilities. Before starting any excavation, the permit holder
or contractor must confer with all public utilities to obtain information
from each as to the horizontal and vertical locations of existing
utilities and other conditions that may affect the excavation. The
permit holder or contractor shall not interfere with any existing
utility without the written consent of the awarding authority representative
and the owner of the utility. If it becomes necessary to relocate
an existing utility, this shall be done by its owner and the cost
of such work shall be borne by the permit holder. The permit holder
or contractor shall inform itself as to the existence and location
of all underground utilities and protect the same against damage.
F.Â
Protection of existing lines and structures. The permit holder or
contractor shall adequately support and protect by timbers, sheeting,
etc., all pipes, conduits, poles, wires, cables or other appurtenances
which may be in any way affected by the excavation work and shall
do everything necessary to support, sustain and protect them under,
over, along or across such work area. The excavation work shall be
performed and conducted in such a manner that it shall not interfere
with access to fire stations, fire hydrants, water gates, underground
vaults, catch basins or any other public structure.
G.Â
Adjoining property. The permit holder or contractor shall, at all
times and at its own expense, preserve and protect from injury any
adjoining property by providing proper foundations and shall take
such other precautions as may be necessary for this purpose. The permit
holder or contractor shall at all times and at its own expense shore
up and protect all buildings, walls, fences, trees and other property
likely to be damaged during the progress of the street opening work
and shall be responsible for all damages to public or private property
or streets resulting from its failure to properly protect and carry
out said work. The permit holder or contractor shall not remove, even
temporarily, any trees or shrubs which exist in planting strip areas
without first obtaining the consent of the Highway Superintendent.
H.Â
Damaged trees. In the event a tree is either accidentally destroyed
by the permit holder or contractor or is authorized for removal by
the awarding authority representative, the permit holder or contractor
shall remove the tree, stump and debris from the work site, and replace
the tree with an identical species with a minimum caliper of two inches
in the identical location.
I.Â
Pedestrian crossings, open trenches. The permit holder or contractor
shall, where possible, maintain safe crossings for two lanes of vehicle
traffic at all public intersections as well as safe crossings for
pedestrians at intervals of not more than 300 feet. If any excavation
is made across a public way, it shall be made in sections to assure
maximum safe crossing for vehicles and pedestrians. An open trench
may not exceed 300 feet unless specifically permitted by the awarding
authority or its representative. If the public way is not wide enough
to hold the excavated material for temporary storage, the material
shall be immediately removed from the location.
J.Â
Traffic. The permit holder or contractor shall take appropriate measures
to assure that during the performance of the street opening work,
so far as practicable, normal traffic conditions shall be maintained
at all times so as to cause as little inconvenience as possible to
the occupants of the adjoining property and to the general public.
The awarding authority or its representative may permit the closing
of streets and walks to all traffic for a period of time. Unless the
requirement for a police detail is waived by the Police Chief of the
municipality, the permit holder shall engage a police detail to maintain
traffic control and public safety at the project site while street
opening work is in progress. Warning signs shall be placed a sufficient
distance from the project site in order to alert all traffic coming
from both directions. Cones or other approved devices shall be placed
to channel traffic. Warning signs, lights and such other precautions
shall conform to the Manual on Uniform Traffic Control Devices. Construction
materials and equipment on the site shall be limited in quantity and
in the space they occupy so that they do not unduly hinder and block
traffic.
K.Â
Gutters and basins. The permit holder or contractor shall maintain
all gutters free and unobstructed for the full depth of the adjacent
curb and for at least one foot in width from the face of such curb
at the gutter line. Catch basins shall be kept clear and serviceable.
L.Â
Excavated material. The permit holder or contractor shall remove
all excess excavated material, surplus water, muck, silt, residue
or other runoff pumped or removed from excavations from the site.
M.Â
Temporary repairs. At the end of each day, all trenches must be plated
if repair work is not completed and/or backfilled, compacted and temporarily
patched on the day repair work is completed. No open unplated trenches
are permitted overnight and work in plated trenches must be continually
prosecuted to completion to minimize the time trenches are plated.
N.Â
Noise. The permit holder or contractor shall perform the work in
such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. During
the hours from 10:00 p.m. to 7:00 a.m. the permit holder or contractor
shall not use, unless otherwise specifically permitted by the awarding
authority or its representative any tool, appliance or equipment producing
noise of sufficient volume to disturb the sleep or repose of occupants
of the neighboring property.
O.Â
Debris and litter. All debris and litter remaining from the street
opening work site shall be removed by the permit holder or contractor
in a timely manner.
P.Â
Restoration of pavement markings. All permanent pavement markings
(crosswalks, center lines, fog lines) which are damaged during street
opening work shall be restored in kind by and at the expense of the
permit holder.
Q.Â
Lawn surfaces and plantings. All lawn surfaces which are disturbed
during street opening work shall be replaced with sod or six inches
of screened loam, lime, fertilized and reseeded with good quality
lawn seed. Any areas containing plantings shall be restored to their
original condition with the same or similar plantings.
R.Â
Erosion control. The permit holder shall be responsible for all erosion
control and for obtaining any necessary permits from the Conservation
Commission. The permit holder or contractor shall protect drainage
structures from siltation by whatever means required including but
not limited to the installation of hay bales and/or filter fabric.
In the event that a drainage structure becomes damaged from siltation
as a result of the street opening work, the permit holder or contractor
shall clean the structure before completing the temporary patch.
All street opening work and materials used therein must conform
to the Massachusetts Highway Department's Standard Specifications
for Highways and Bridges, 1995 edition, and with the Americans with
Disabilities Act and the Architectural Access Board Regulations as
currently in effect. In addition, the following specific requirements
also apply. Exceptions to these requirements may be made in the discretion
of the awarding authority or its representative at the time that the
street opening work is in progress.
A.Â
Excavation. Existing pavement shall be cut in neat, true lines along
the area of the proposed excavation. Unstable pavement shall be removed
over caveouts and breaks and the subgrade treated as the main trench.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench. Cutouts beyond the limits of the
trench lines must be normal or aligned parallel to the center line
of the trench. Excavations shall be made in open cut. Trenches and
excavations shall be braced and sheathed in accordance with the requirements
of the Occupational Safety and Health Act (OSHA). Sections of bituminous
or cement concrete sidewalks shall be removed to the nearest scoreline
or approved cut edge.
B.Â
Backfilling and compaction.
(1)Â
Excavations shall be filled with approved backfill. Approved backfill
consists of either controlled density fill, suitable excavated material
or gravel meeting M1.03.0 or M1.03.1 of The Standard Specifications.
The permit holder may select which of these three to use in the excavation.
Suitable excavated material shall mean previously excavated granular
material but which does not include blacktop, clay, silt, organic
material concrete, roots, boulders or stones larger than four inches
in diameter. If the hole is to be filled with suitable excavated material,
a backfill course shall be placed in approximately twelve-inch lifts
of maximum compaction to four inches below asphalt grade. A base course
consisting of four inches of processed gravel or equivalent (i.e.,
suitable excavated material containing no stones larger than 1Â 1/2
inch in diameter) shall then be placed on top of the backfill course.
The backfill and base course shall be compacted to not less than 95%
of maximum dry density as determined by the modified Proctor Test
in accordance with ASTM 1557 Method D. The permit holder if directed
by the awarding authority or its representative will retain at its
expense, a professionally qualified geotechnical consultant to perform
this test. The results of this test shall be given to the Highway
Superintendent.
(2)Â
If controlled density fill is used as backfill material, it must
contain a minimum of 250 pounds of class F flyash or high air (25%
plus) and be self-leveling. It must be Type 1E or 2E (very flowable).
Flowable fill is to be batched at a ready mix plant and is to be used
at a high or very high slump (one inch to 12 inches). In lieu of the
slump test, a six-inch-long, three-inch-diameter tube may be filled
to the top and then slowly raised. The diameter of the resulting "pancake"
may be measured and the range of the diameter shall be nine inches
to 14 inches. It shall be flowable, require no vibration and after
it is placed excavatable by hand tools and/or small machines.
(5)Â
If controlled density fill is used as backfill material, it must
fill the excavation to immediately below asphalt grade. The contractor
must then plate the excavation with a heavy-duty steel plate adequate
to carry heavy traffic and wait 24 hours for the CDF to cure prior
to applying the permanent patch.
(6)Â
If an excavation is backfilled with controlled density fill in accordance with this bylaw, then a temporary patch need not be installed but a permanent patch may be installed immediately. Permanent patches installed over controlled density fill shall consist of four inches of bituminous concrete applied in a two-and-one-half-inch base course and a one-and-one-half-inch top course of bituminous concrete, all installed in accordance with this bylaw. If an excavation in a cement concrete public way is filled with controlled density fill, then the provisions of Subsection E(1) of this section may be omitted, but the provisions of Subsection E(2) and (3) must be complied with.
C.Â
Temporary patches.
(1)Â
Bituminous concrete. Following proper compaction, a temporary patch
which shall be the thickness of the existing asphalt pavement or a
minimum of four inches, whichever is greater, shall be applied. It
shall consist of either cold patch or bituminous concrete plant-mixed
hot asphalt aggregate.
(2)Â
Temporary patch to be maintained for one year. A temporary patch
that has been backfilled and compacted shall be maintained by the
permit holder or contractor so that the patched surface and the surrounding
area remain a single smooth unbroken plane for a period of time no
shorter than one year after placement of the temporary patch.
D.Â
Permanent patches.
(1)Â
Except when installed over controlled density fill as described in Subsection B above, permanent patches shall be installed not less than 12 nor more than 18 months from the date of installation of the temporary patch. Upon request by the permit holder or contractor, the awarding authority representative will inspect the temporary patch and determine if final settlement of the trench has occurred. The awarding authority representative will notify the permit holder or contractor within seven days of the inspection whether the permanent patch can be installed. Public utilities or municipal departments may schedule permanent patches to replace all temporary patches then within the permanent patch window without receiving prior approval from the awarding authority or its representative but must give the awarding authority or its representative not less than 72 hours' prior notice.
(2)Â
A permanent patch shall consist of one of the following: a) cold
planing the temporary patch to a depth of 1Â 1/2 inches and then
installing a minimum of 1Â 1/2 inches of top course of bituminous
concrete, or b) the excavation of the temporary patch in a bituminous
concrete public way and replacement of this material with any additional
processed gravel needed and 2Â 1/2 inches of base course and 1Â 1/2
inches of top course of bituminous concrete, or (c) application of
the infrared process to the temporary patch, or d) the certification
by the awarding authority representative made during the permanent
patch window that the temporary patch in his reasonable judgment meets
fully the standard of a permanent patch and thus requires no further
work.
(a)Â
Cold planing. If the cold planing method is used, the area to
be cold planed must extend at least 12 inches beyond all sides of
the existing temporary patch. This area must be cold planed to a depth
of 1Â 1/2 inches. Any broken or irregular edges of existing pavement
shall be cut away in straight lines leaving a sound vertical face
at least 12 inches back from all edges of the existing pavement. The
permit holder must provide a dust control system capable of complying
with environmental air quality standards during cold planing and sweep
the public way following completion of the cold planing work. All
abutting edges of the existing pavement will be painted with an asphalt
emulsion immediately prior to the placement of the permanent patch.
The permanent patch will consist of the application of a top course
of a minimum of 1Â 1/2 inches of bituminous concrete plant-mixed
hot asphalt aggregate. After raking and rolling, the grade of the
permanent patch shall match the existing bituminous surface of adjacent
pavement. The finished permanent patch shall be level having no depressions
retaining water on any of the surface. All seams of the finished perimeter
shall be sealed with penetrating asphalt emulsion.
(b)Â
Excavation.
[1]Â
Any temporary patch that has been patched with cold patch must
be excavated and replaced with a bituminous concrete base in accordance
with this subsection. If the excavation method is chosen and if additional
cutting of the existing pavement is required, it shall be done in
neat straight lines. Any broken or irregular edges of existing pavement
shall be cut away in straight lines leaving a sound vertical face
at least 12 inches back from all edges of the existing pavement. All
abutting edges of the existing pavement shall be painted with an asphalt
emulsion immediately prior to the placement of the permanent patch.
The permit holder or contractor shall remove and dispose of all excavated
material and thoroughly compact the surface of the subbase.
[2]Â
Following excavation the permanent patch shall consist of a
bituminous concrete base and top laid and rolled in two courses. The
binder (base course) shall be a minimum of 2Â 1/2 inches in depth
and the top course shall be 1Â 1/2 inches in depth. The minimum
total thickness of both courses, measured after rolling, shall be
four inches or equal to the material that was previously excavated.
If after compaction more than four inches of permanent patch is needed
in order to restore the excavated area to finish grade, additional
bituminous concrete shall be used in the base course. The base course
shall be placed and carefully raked and thoroughly rolled to the required
thickness. The top course shall be placed to a grade that will match
the existing bituminous surface after rolling. All seams of the finished
perimeter shall be sealed with penetrating asphalt emulsion. The finished
permanent patch shall be level having no depressions retaining water
on any of the surface.
(c)Â
Infrared process.
[1]Â
If the infrared process is utilized to install the permanent
patch, the area to be repaired shall be thoroughly cleaned to eliminate
all potential contaminants. An infrared heater shall be positioned
over the area to be repaired for a period of time required to plasticize
the existing pavement to a depth of 1Â 1/2 inches. Oxidation of
the pavement caused by improper heating techniques must be avoided.
If this condition occurs, all oxidized material must be removed and
replaced with Class I bituminous concrete meeting the standard specifications
of the Massachusetts Highway Department.
[2]Â
The softened area shall be inwardly reworked from approximately
one foot beyond all sides of the original temporary patch. This designated
area shall be treated with a penetrating asphalt emulsion, uniformly
scarified and raked to a workable condition. For street crossings
and/or trenches with jogs, the reworked area will be extended beyond
the outermost jog in a straight line parallel with the opposite outermost
jog. Under no circumstances may the infrared heat treatable patching
mix that is used register a temperature under 200° F.
[3]Â
After the paving mixture has been properly admixed and raked
to grade, compacting shall be obtained by use of a steel-wheeled roller
of sufficient weight to establish a uniform density comparable to
that of the surrounding pavement surface within the work area. The
finished permanent patch shall be level having no depressions retaining
water on any of the surface. All seams of the finished perimeter shall
be sealed with penetrating asphalt emulsion.
[4]Â
A petroleum resin sealant shall be applied consistently to the
entire heated area by mechanical means or hand application at an approximate
rate between 0.1 and 0.25 gallons per square yard. Actual rate will
be determined on site by an approved absorption test method. A mineral
filler will then be broadcast over the newly sealed area to absorb
any excess liquid and prevent tracking and the area immediately opened
to traffic.
(d)Â
Certification. If a permit holder seeks to qualify a temporary
patch as a permanent patch, it must make the application for inspection
set out above and specify in it its request for certification. The
awarding authority representative will notify the permit holder within
30 days of the request whether the temporary patch has been certified
as a permanent patch. If it is not so certified, the permit holder
shall forthwith cause a permanent patch utilizing one of the three
remaining methods set out above to be utilized.
(e)Â
Newly paved roads. On newly paved roads, the awarding authority
representative may require, in addition to the placement of the permanent
patch, that the permanent patch shall be treated by a process (infrared,
microwave or equivalent) that will ensure that the permanent patch
is integrated into the existing bituminous surface in a seamless manner.
(f)Â
Final inspection of permanent patch. Following completion of the permanent patch, the permit holder or contractor shall give notice thereof to the awarding authority representative who shall inspect the permanent patch. If the awarding authority representative is satisfied that the road has been restored to as good a condition as existed prior to the street opening work, he shall so note on the street opening permit and any refundable deposit securing that street opening work shall be refunded promptly to applicant. If the awarding authority representative determines that the permit holder is in default, the awarding authority may proceed in accordance with § 395-13, Remedies, of this bylaw.
E.Â
Special rules for cement concrete roadways. Any excavation in a cement concrete public way or public way with a cement concrete base with a bituminous concrete surface shall be backfilled as described in Subsection B of this section and temporarily patched as described in Subsection C. Immediately prior to the installation of a permanent patch, the following shall be done:
(1)Â
The temporary patch and sufficient backfilled material shall be removed.
(2)Â
A six-inch reinforced concrete slab shall be laid over the backfilled
trench extending one foot beyond all edges of the trench surface and
allowing for four inches of bituminous concrete to be installed above
the slab. The slab shall have steel reinforcing for tensile strength
in accordance with good engineering practices. The permit holder or
contractor shall install a temporary heavy-duty steel plate adequate
to carry heavy traffic over the trench until the concrete slab shall
have adequately cured.
(3)Â
Once the concrete slab shall have cured, there shall be installed
a four-inch layer of bituminous concrete applied in a two-and-one-half-inch
base course and a one-and-one-half-inch top course all in accordance
with this bylaw.
F.Â
Shoulders. Suitable excavated material shall be placed in layers
not to exceed six inches in depth and compacted. Shoulders shall be
reconstructed to their existing condition and either loamed with six
inches of loam, limed, fertilized and seeded with roadside grass mix
or covered with four inches of wood chips as directed by the awarding
authority representative.
G.Â
Sidewalks. Any excavation in a concrete or bituminous concrete sidewalk
shall require that the entire sidewalk area containing the trench
be replaced. Any concrete sidewalk section that is excavated or damaged
by the excavation must be replaced in its entirety. Suitable excavated
material or gravel shall be placed in layers not to exceed six inches
in depth and compacted. All sidewalk areas will be installed by the
permit holder or contractor in conformance with the ADA and the Architectural
Access Board Regulations currently in effect. Bituminous concrete
sidewalks shall have two courses (two inches of binder and one inch
of top) of bituminous concrete plant-mixed hot asphalt aggregate applied
to and rolled to create a pavement surface consistent with the adjacent
bituminous concrete surface. Concrete sidewalks shall have four inches
of poured concrete applied to finish grade. The concrete shall be
placed in alternate slabs 30 feet in length except as otherwise ordered.
The slabs shall be separated by transverse preformed expansion joint
filler 1/2 inch in thickness. Concrete driveway openings shall have
six inches of poured concrete applied to finish grade. Preformed expansion
joints will be installed against buildings, walls, steps, foundations
or existing concrete block.
H.Â
Curb and berm. Any curbing or berm which is damaged or removed as
part of the street opening work shall be properly replaced in kind.
The use of cast-in-place concrete curbing is prohibited. All salvageable
granite curb that is removed from the public way and is excess is
the property of the Town and shall be delivered to the Highway Department
by the permit holder or contractor.
I.Â
Wheelchair ramps. Existing wheelchair ramps which are damaged or
removed under street opening work shall be reconstructed in kind and
in conformance with the ADA and the Architectural Access Board Regulations
that are currently in effect.
J.Â
Curb cuts.
(2)Â
Driveway entrances into public ways must butt into and not overlap
the edge of the existing roadway hardened surface. The driveway must
be graded in such a manner that no ponding of water occurs within
the public way and in accordance with the Architectural Access Board
Regulations. Driveways shall not be located on small radius curves
and shall be positioned as to provide maximum sight distance and safety.
A.Â
The awarding authority or awarding authority representative, if it
believes a default has occurred, can suspend immediately for up to
21 days a street opening permit by communicating such suspension to
any of the permit holder, licensed contractor, or any of their respective
representatives at the job site.
B.Â
The awarding authority or its representative may revoke a street
opening permit granted hereunder after notice and hearing if it shall
reasonably determine that a default has occurred. Permit holder shall
be given not less than five days' prior written notice of the time
and place of the hearing and shall have the opportunity at the hearing
to present evidence. Any person aggrieved by the decision of the awarding
authority or its representative may appeal such decision to the appropriate
court of competent jurisdiction or, to the extent applicable law provides,
to the Department of Telecommunications and Energy.
If a permit holder or licensed contractor shall be in default
as defined herein, the awarding authority or its representative may:
A.Â
Suspend or revoke the street opening permit as provided in § 395-12 above. If the street opening work has commenced but is not completed at the time of a suspension or revocation, the awarding authority or its representative can order the street opening work to be completed by another licensed contractor, the cost of which is paid for from the permit holder's refundable deposit account or by permit holder if the refundable deposit is insufficient or does not exist.
B.Â
Suspend or revoke the licensed contractor's public works construction license pursuant to Article II, Public Works Construction License, of this chapter.
C.Â
Assert the Town's legal remedies.
[Adopted 6-6-2011 ATM by Art. 26]
From time to time, it is necessary to excavate a public way
in order to install, repair, or remove utilities or install or realign
a driveway with the possibility of removing curbing and/or fencing.
It is desirable that persons working in or under a public way have
the necessary skills to perform this work in a competent manner so
that public ways are maintained to protect the health and safety of
all persons traveling on them. This bylaw is adopted under authority
granted by MGL c. 40, § 21.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Board of Selectmen of the Town of Plainville has authority
to exercise the powers granted by this bylaw.
That municipal officer or employee to whom the awarding authority
in a writing has delegated some of its powers hereunder so that the
process of license granting and administration will proceed expeditiously.
The municipal agency generally responsible for the repair
and maintenance of public ways within the municipality.
Any person or entity in the general contracting business,
qualified to do business in the Commonwealth of Massachusetts, who
wishes to perform street opening work in a public way either as a
permit holder or as agent for one or more permit holders.
An annual $50 nonrefundable fee payable in cash or by check
made payable to the awarding authority each time a license application
or renewal is filed.
A contractor who holds a current and valid public works construction
license issued by the awarding authority.
An "applicant" as defined in Article I, Permit Required; Standards, of this chapter, to whom a street opening permit has been granted.
Any road, including such appurtenances as berms, curbs, drains, sewers, water mains, sidewalks
and paved and unpaved shoulders within the paper lay-out to which
the public has access and the Town is responsible for maintaining.
Also referred to as a "street."
That license required of certain persons or entities who
wish to perform street opening work in public ways.
A permit granted pursuant to Article I, Permit Required; Standards, of this chapter, conferring permission to do street opening work in a public way.
Any cutting, excavating, compacting, construction, repair or other disturbance in or under a public way together with restoration of the public way in accordance with Article I, Permit Required; Standards, of this chapter, following such disturbance, but excluding the location or relocation of utility poles for which a grant of location has been obtained pursuant to MGL c. 166, § 27.
The failure of the licensed contractor, its employees, agents
and subcontractors to:
A.Â
No person or entity may become a licensed contractor unless it shall:
(1)Â
Be in the general contracting business, and
(2)Â
Be qualified to do business in the Commonwealth, and
(3)Â
Be qualified, in the reasonable judgment of the awarding authority,
by experience, training of personnel, financial resources, and previously
demonstrated satisfactory performance of the entity, and/or those
individuals who control it, to perform street opening work in public
ways in the municipality, and
(4)Â
Have completed the licensing process described below.
B.Â
A license applicant may demonstrate its compliance with Subsection A(3) above by presenting to the awarding authority or its representative evidence that it holds a current "prequalification rating" issued by the Massachusetts Highway Department pursuant to 720 CMR 5.00 which, in the reasonable judgment of the awarding authority or its representative, is sufficient in terms of class of work, maximum capacity rating and single capacity rating (all as defined in 720 CMR 5.00) to demonstrate sufficient capacity to perform anticipated street opening work. A license applicant whose public works construction license has been suspended or revoked in the three-year period preceding the date of the current application may not demonstrate compliance with Subsection A(3) above using this method.
C.Â
Public works construction licenses are valid from the date issued
until December 31 of the year in which issued unless sooner suspended
or revoked. A Public works construction license must be renewed each
year.
A.Â
The license applicant shall file on forms designated by the awarding authority a completed and signed application at the offices of the awarding authority or its representative (with a copy delivered to the Highway Department). The license application shall be accompanied by any and all certificates, certificates of insurance demonstrating compliance with § 395-18 hereafter, and other items specified in the application or reasonably requested by the awarding authority or its representative. It shall also be accompanied either by evidence that license applicant is currently and appropriately "prequalified" pursuant to 720 CMR 5.00 or by such evidence of license applicant's compliance with the provisions of § 395-16A(3) above as the awarding authority or its representative reasonably may require. The license application shall also be accompanied by the license application fee.
B.Â
The Highway Department shall promptly review the application and
make written recommendations thereon.
C.Â
The awarding authority or its representative shall make a prompt determination on the license application in accordance with the standards set out in § 395-16 above.
D.Â
If the license application is favorably considered, a public works
construction license shall promptly issue. If the license application
is not favorably considered, awarding authority or its representative
shall communicate in writing to license applicant the reasons its
application was not favorably considered. The awarding authority may
establish streamlined procedures for renewal applications.
A.Â
Each licensed contractor shall acquire and continually maintain while
licensed hereunder liability insurance coverage on all personnel and
equipment to be used in the street opening work which insurance is
to be with insurance companies licensed to do business in the Commonwealth
of Massachusetts and shall contain the following coverages and be
in the following minimum amounts:
(1)Â
(2)Â
The licensee agrees to maintain at the licensee's expense all
insurance required by law for its employees, including disability,
workers' compensation and unemployment compensation.
B.Â
Certificates
of insurance shall provide for at least 30 days' notice to the
awarding authority of cancellation or material change. The name of
the awarding authority shall be listed as an additional insured on
the certificate of insurance to be provided by the applicant. The
awarding authority is not responsible for any loss or damage whatsoever
to the property of the licensee.
A.Â
The awarding authority or representative, if it believes a violation
has occurred, can suspend immediately for up to 21 days a public works
construction license by communicating such suspension to licensed
contractor or any of its representatives at the job site.
B.Â
The awarding authority may revoke a public works construction license
granted hereunder after notice and hearing if it shall reasonably
determine that a violation of this bylaw has occurred. Licensed contractor
shall be given not less than five days' prior written notice of the
time and place of the hearing and shall have the opportunity at the
hearing to present evidence. No license applicant may reapply for
a public works construction license during the twelve-month period
following a revocation. Any person aggrieved by the decision of the
awarding authority may appeal such decision to the appropriate court
of competent jurisdiction.
