[Adopted as Art. V, § 15(C), of the General Bylaws]
The purpose of this bylaw is to establish reasonable standards
to protect the safety of the citizens of the Town of Foxborough from
the hazards inherent in trenches and to provide for penalties for
individuals who violate any provision of this bylaw.
Pursuant to the provisions of MGL Ch. 82A, the regulations of
the Department of Public Safety in conjunction with the Division of
Occupational Safety as promulgated under 520 CMR 14.00 regarding excavation
and trench safety, except for 520 CMR 14.01, 14.03(2)(b), and 14.05(3)
and (4), are expressly incorporated into this bylaw by reference.
Furthermore, 14.02 is incorporated into this bylaw except for the
definition of "permitting authority"; 14.05 is incorporated into this
bylaw by inserting the words "and this bylaw" after the words "520
CMR 14.03"; and 14.05(7) is incorporated into this bylaw except for
the words "in accordance with G.L. c. 30A, § 14." A reasonable
fee to defray the cost of administration incurred in the review and
processing of permits to be issued under this bylaw shall be established
pursuant to MGL c. 40, § 22F; MGL c. 82A, § 2.
The Director of the Department of Public Works or his designee
shall serve as the "permitting authority" for excavations to take
place on both property that is owned or controlled by a public agency
or that a public agency otherwise has a property interest in, including
but not limited to an easement, and for excavations to take place
on privately owned land. Designees of the Director of the Department
of Public Works may include the Building Inspector, Police Chief,
and the Fire Chief or their respective designees.
In the event that the permitting authority becomes aware or
is notified of an unattended trench during a time when the permit
holder is unavailable, it may require a Fire or Police Department
detail to attend such unattended trench to protect the general public,
the cost of which shall be assessed to the permit holder.
The provisions of this bylaw shall apply to any excavator in
the Town of Foxborough.
Except (in order to avoid duplicate state and Town penalties) where the Department of Public Safety has assumed jurisdiction over a violation of the state excavation and trench regulations, any person violating this bylaw shall be fined $200 for each offense, each day constituting a separate offense. The enforcing persons for this bylaw shall be the permitting authority or his designees and any fire shift commander of the Town of Foxborough. Noncriminal disposition of violations shall be available to apply to violations pursuant to Chapter 1, Article I, § 1-5, of the Town Code.
