[Amended 5-21-2012 by Ord. No. 2012-158]
No person, except an employee of the Department of Public Works
in the performance of his/her duties, shall dig up the pavement or
ground in any public street, lane or alley or any sidewalk in the
City or erect any staging for building thereon or place any materials
or rubbish thereon without first obtaining from the City Engineer
a written permit stating the space in the street or other public place
that may be occupied and the time allowed for such occupancy, and
such other provisions as he/she may deem best, and filing with him/her
a written agreement under seal, with sureties, if required, to comply
strictly with the terms of the permit and indemnify the City from
all loss, cost or expense that it may suffer by reason of such occupancy.
[Added 4-19-2016 by Ord.
No. 2016-138]
In all underground conduits sufficient and necessary space as
shall be determined by the City Council, upon consultation with the
IT Director, shall be reserved free of expense for the use of the
fire, police and other information technology, telegraph and telephone
signal wires and/or cables belonging to the City and used exclusively
for municipal purposes, and the City, by its Inspector of Wires and/or
other proper servants, shall be allowed access to such conduits at
all times. The City shall be allowed equal facilities and privileges
with others using such conduits in putting in, taking out and repairing
wires. In the alternative, another conduit, also known as a "shadow
conduit," of equal size and length may be laid along with the permitted
conduit, which shall be for the exclusive use, and under the exclusive
control of, the City.
[Amended 5-21-2012 by Ord. No. 2012-158]
A.
No street, lane, alley, sidewalk or other public place in the City shall, under any permit granted as provided in § 202-1, be dug up, obstructed or otherwise rendered inconvenient or unsafe for travel unless the person receiving such permit shall put, and at all times keep up, a suitable railing or fence around the section of the street, lane, alley or other public place so obstructed, so long as the same shall remain unsafe or inconvenient, and shall also keep, as specified by the City Engineer, lighted lanterns, fixed in some proper manner, every night from twilight through the whole night so long as such obstruction shall remain.
B.
The person receiving such permit shall also, within such reasonable
time as the City Engineer shall direct, repair such street, lane,
alley, sidewalk or public place in such manner as shall meet the approval
of the City Engineer.
No person shall ride, drive, wheel, draw or push any cart, wheelbarrow
or other vehicle of burden or pleasure upon or along any sidewalk
in the City, except for the purpose of crossing such sidewalk to go
into or out of some adjoining enclosure, provided that this section
shall not apply to children's carriages propelled by hand, invalids'
tricycles or chairs and bicycles pushed by hand.
[Added 11-8-2004 by Ord.
No. 05-035]
A.
Definition. This section refers to scooters, powerboards, and mini-motorbikes
that have two or more wheels, that are designed to be stood upon or
sat upon by the operator, and that are gas-powered by an engine or
motor capable of propelling the vehicle with or without human thrust.
B.
Prohibition from sidewalks. No person may use, ride or otherwise
operate a gas-powered scooter, powerboard, or mini-motorbike on a
sidewalk in the City of Melrose.
C.
Prohibition from streets and other areas. No person may use, ride
or otherwise operate a gas-powered scooter, powerboard, or mini-motorbike
on a public way or street unless that person is 16 years of age or
older and is carrying a valid driver's/operator's license.
No person shall operate said vehicle on the grounds of any public
school or other City property, including parks.
D.
Penalties. Any person violating the provisions of this section shall
be subject to a fine of $50.
E.
Enforcement. The Melrose Police Department shall have the authority
to enforce this section. The provisions of MGL c. 40, § 21D,
may be used to enforce this section.
F.
Impoundment. The Melrose Police Department shall have the authority
to impound any vehicle used in violation of this section. The City
shall return any impounded vehicle only upon payment of an impoundment
fee of $100 and a daily storage fee of $10 per day.
G.
Exceptions. Nothing in this section shall prevent the legal use of:
(1)
Any mechanical or motorized device designed and used to assist
a person with a disability affecting ambulation or a device for which
the user has a medical necessity;
(2)
A moped that has been registered with the Registry of Motor
Vehicles; or
(3)
A motorized bicycle that has been registered with the Registry
of Motor Vehicles.
H.
Regulatory authority. The Chief of the Melrose Police Department
shall have the authority to promulgate rules and regulations necessary
to implement and enforce this section.
No person shall allow any gate or door belonging to premises
owned or occupied by him/her or under his/her control to swing on,
over or into any street or sidewalk in the City.
No firewood, coal or other fuel shall be allowed to remain unnecessarily
on any sidewalk or in any street, lane or alley of the City, and,
in case it must so remain after twilight or through the night, the
owner shall place and keep a sufficient light upon the same.
No vehicle shall be left unattended within the limits of any
private way in such a position that it would obstruct the access of
fire apparatus to any part of a tenement house, private dwelling or
apartment house, as defined in MGL c. 145, § 2.
[Amended 5-21-2012 by Ord. No. 2012-158]
No person shall cross with a horse-drawn or commercial motor
vehicle any concrete, brick or granolithic sidewalk in the City, except
over regularly recognized driveways, without first obtaining from
the City Engineer a written permit stating the place to be crossed
and filing with the City Clerk a written agreement under seal, with
sureties if required, approved by the City Engineer to indemnify the
City from all loss, cost or expense that it may suffer by reason of
such crossing.
[Amended 5-21-2012 by Ord. No. 2012-158]
No person shall move, or cause to be moved, any building through
any public street in the City without first obtaining from the City
Engineer a written permit therefor stating the streets through which,
and the time within which, the building may be moved, and any other
provision that he/she may deem best, and filing with him/her a written
agreement under seal, with sureties if required, to comply with the
terms of such permit and indemnify the City for all loss, cost or
expense it may suffer by reason of the moving of such building.
State law reference — Moving buildings, MGL
c. 85, § 18.
[Added 6-20-1994 by Ord.
No. 94-345; amended 12-16-2002 by Ord. No. 02-060A]
A.
Fees, deposits and insurance.
(1)
A nonrefundable application fee as provided in § 202-14 of this chapter is required for each location where a permit is requested.
[Amended 8-21-2017 by Ord. No. 2018-4]
(2)
A five-hundred-dollar (cash or certified check) refundable deposit
is required and will be held until the permanent trench repair has
been completed and approved by the City Engineer or his/her designee.
Interest earned, if any, on said deposit will become the property
of the City of Melrose and is not refundable. Trenches not inspected
due to the failure of the permittee to properly notify the City Engineer
shall be subject to loss of deposit and/or repeat of reconstruction
procedures.
[Amended 5-21-2012 by Ord. No. 2012-158]
(3)
A five-thousand-dollar performance and payment bond is required for
each roadway/sidewalk opening permit granted. Blanket bonds in the
amount of $50,000 may be substituted for City-wide operations. This
bond will cover all street or sidewalk permits issued to a particular
contractor or permittee for work within the City during a specified
period of time.
(4)
Any contractor(s) representing the permittee must furnish the City
of Melrose with a certificate of insurance for general liability in
the amount of $500,000.
B.
Permit issuance.
(1)
Permits shall be issued by the City Engineer after proper presentation of the above documentation per § 202-1.
[Amended 5-21-2012 by Ord. No. 2012-158]
(2)
Work shall not begin prior to 7:00 a.m.
(3)
Traffic (vehicular and pedestrian) control shall be the responsibility
of the permittee.
(4)
Permits shall be granted for a thirty-calendar-day period. Extensions
may be granted at the discretion of the City Engineer.
[Amended 5-21-2012 by Ord. No. 2012-158]
(5)
Agents of the City who are performing work directly for the City
of Melrose shall be exempt from the permitting process. However, the
trench repair standards established by this section shall apply to
all excavations in the City of Melrose.
C.
Notification.
D.
Construction procedures.
(1)
The pavement shall be precut and may only be disturbed within the
area requiring excavation for repair, replacement or new installation.
When the opening occurs within two feet of the curb and/or edge of
the hardened surface, the paved area between the excavation and the
curb and/or edge must be removed. All final pavement cuts shall be
straight lines with ninety-degree angles at all corners.
(2)
In the backfill process, the backfill shall be comprised of suitable
material as approved/determined by the City Engineer or his/her designee.
Cement concrete shall be used around all electrical and telephone
conduit in trenches. Controlled-density fill (CDF) may be required.
Compaction (when CDF is not used) shall be executed in six-inch lifts.
Each lift shall be 95% compacted by mechanical means. When the total
surface area of an individual opening in bituminous concrete is less
than nine square feet, all backfill material(s) will be placed to
within a minimum of six inches of the pavement surface or the thickness
of the original pavement structure, whichever is greater. For individual
openings with surface areas of nine square feet and larger, the backfill
material(s) will be installed to within four inches of the pavement
surface or the thickness of the existing structure, whichever is greater.
[Amended 5-21-2012 by Ord. No. 2012-158]
(3)
The hardened pavement shall then be cut back and removed six inches
to 12 inches from all sides of the initial excavation to the depth
of the original pavement structure, exposing the undisturbed gravel
subbase. Edges will be cut perpendicular to the surrounding surface
and have a clean, vertical face, particularly in the corners. All
structures shall be leveled to the lines with ninety-degree angles
at the point(s) of intersection.
(4)
All surplus and/or unacceptable excavated materials shall be removed
from the job site immediately. The excavation site shall be maintained
in a clean and safe condition at all times. Sidewalks and roadways
shall be cleaned and opened to traffic at the end of each working
day, unless otherwise authorized by the City Engineer. Access to properties
is to be maintained. The removal and disposal of materials, including
pavement, is the responsibility of the permittee and shall be achieved
in such a manner as to minimize interference with pedestrian and vehicular
traffic.
[Amended 5-21-2012 by Ord. No. 2012-158]
(5)
The permittee shall be liable for the condition of the roadway and
sidewalk openings and protection thereof prior to the temporary repair
and will be held responsible for any and all damage due to any failure
of barricades, barriers, warning signs, lights or steel plates used
to properly protect the work from traffic, pedestrians or other causes.
All open ditches shall be protected by uniform traffic control devices
in conformance with the Massachusetts Department of Transportation
manual. All excavations must be properly secured to ensure the safety
of the traveling public and immediately reported to the City Engineer
when secured, unsecured or changed for any reason.
[Amended 5-21-2012 by Ord. No. 2012-158; 8-21-2017 by Ord. No. 2018-4]
(6)
Temporary patching shall be performed only by contractors approved
by the City Engineer and shall be the financial responsibility of
the permittee. All barricades and/or safety devices shall be immediately
removed from the vicinity upon completion of the temporary bituminous
patching application.
[Amended 5-21-2012 by Ord. No. 2012-158]
(7)
Any improperly prepared excavations, including those left with unacceptable
backfill material or insufficient pavement depth, shall be temporarily
paved by a municipal contract representative and charged to the refundable
deposit of the permittee. The deposit shall immediately be replenished
to the original amount. At a later date, the trench shall be reexcavated
and prepared correctly by the permittee. Under these conditions the
permittee may also be subject to permit cancellation, loss of deposit
and any and all expenses incurred by the City with respect to the
excavation.
(8)
All excavations will be allowed to settle and/or consolidate for
a period of time before the final opening is attempted. This term
will be defined as a minimum of 30 days when CDF was used as a backfill
material. Compacted gravel subbase must experience at least one seasonal
freeze/thaw cycle. The Public Works Department reserves the right
to address any subbase deficiency within or adjacent to the original
excavated area with whatever measure is deemed necessary during this
period. These corrective procedures will be the financial responsibility
of the permittee.
(9)
Immediately after the specified settling period, the excavation shall
be permanently restored by the contract representative for the City
in accordance with Department of Public Works requirements and the
approval of the City Engineer. The following procedures will be strictly
adhered to:
[Amended 5-21-2012 by Ord. No. 2012-158]
(a)
The infrared method will be utilized for trenches in bituminous
concrete that do not exceed 100 linear feet.
(b)
A compacted, one-and-one-half-inch bituminous concrete overlay
will be required (curb to curb) for sections of asphalt pavement affected
by trenches exceeding the one-hundred-foot restriction.
(c)
Microsurfacing may be substituted for the bituminous concrete
overlay at the sole discretion of the City Engineer.
(d)
An approved petroleum resin sealant may be required as a substitution
for, or in addition to, the bituminous concrete overlay as determined
by the City Engineer. Material formulation and application will be
established in the field when this condition is exercised.
(e)
All temporary asphalt patches installed in concrete sidewalks
will be reexcavated to the extremities of the square(s) in which the
excavation is contained. All excavated materials shall be properly
disposed of. The finished concrete will be replaced to the depth,
strength and contour of the original structure.
(f)
All other surfaces, i.e., brick, grass, wood, etc., are to be
replaced consistent with the original and in strict accordance with
Department of Public Works guidelines and with the approval of the
City Engineer.
(g)
Under the permanent restoration provisions above, the permittee
will also be responsible for any or all necessary appurtenant measures,
including but not limited to surface profiling, resetting utility
structures, compatible crack filling, tack coating, infrared heating
of the seams, etc. Auxiliary measures will be determined by site inspection
with an authorized representative of the City Engineer.
(h)
All restoration procedures shall be the financial obligation
of the permittee.
(10)
Pavement cracks that develop after the permanent repair has
been performed within and immediately adjacent to the excavated area
will be filled and/or sealed by a contract representative of the City
in accordance with Department of Public Works requirements and the
City Engineer's approval. These crack repairs shall be the financial
responsibility of the permittee.
[Amended 5-21-2012 by Ord. No. 2012-158]
(11)
The permittee shall be responsible for any settlement, subbase
failure and pavement cracks that develop in or adjacent to the original
excavated area for a period of three years from the date of final
accepted permanent repair or, if CDF is used, for a period of one
year from the date of the final accepted permanent repair. Any surface
disorder caused by settlement and/or subbase movement within the general
area containing a street or sidewalk opening shall be addressed by
the Department of Public Works or private vendor at the direction
of the City Engineer. All related corrective measures will be charged
to the permittee, and the term of obligation will begin again.
[Amended 5-21-2012 by Ord. No. 2012-158]
E.
Penalties.
(1)
Anyone opening streets or sidewalks without a permit is subject to
cancellation and refusal of existing and future permits, license revocation
and associated fines.
(2)
Any entity excavating without a permit shall be penalized a sum equal
to 10 times the cost of a permit per day per excavation, i.e., each
excavation each day will be assessed 10 times the permit cost for
each day of unauthorized activity.
[Amended 8-21-2017 by Ord. No. 2018-4]
(3)
Any entity excavating with a permit beyond the permit's expiration
date shall be penalized a sum equal to four times the cost of a permit
per day.
F.
Billing and collections.
(1)
Police protection, if required, shall be paid by the permittee either
directly or billed by the City contract representative at cost, plus
handling charges.
(2)
At the direction of the City, the appropriate contract representative
shall bill the permittee for the above-cited services. Payment for
these services will be rendered within 30 days. On past-due invoices
a service charge of 1 1/2% per month will be allowed on accounts
30 days past due, provided that the rate does not exceed the amount
which is permitted by law. Invoices exceeding 90 days shall be paid
by the City. The City will then exercise the right to fine the permittee
accordingly. Under these conditions total accrued service charges,
together with all costs of collection, including attorney's fees,
will become the financial obligation of the permittee.
(3)
The City reserves the right to assume the billing function, including
assessment and conveyance of reasonable handling charges, as provided
by Massachusetts General Laws.
G.
Modifications and exceptions. The City reserves the sole right to
make changes or exceptions to this regulation, subject to written
notice and as authorized by the City Engineer.
[Amended 5-21-2012 by Ord. No. 2012-158]
