[HISTORY: Adopted by the Annual Town Meeting of the Town
of Newbury 5-21-2013 by Art. 14. Amendments noted where applicable.]
A Street Opening Permit must be obtained from the Inspectional
Services Department (ISD) for any excavation within the layout of
a Town street, including sidewalk or shoulder areas.
The applicant must complete the following items before a permit
will be issued:
A.
Premark the work area as required by the "Dig Safe Law", Massachusetts General Laws Chapter 82, Section 40.
B.
Contact Dig Safe and obtain a Dig Safe # at least 72 hours in advance
of the excavation start date, exclusive of Saturdays, Sundays and
legal holidays. Also contact the Newbury DPW Office (978-465-0112),
Newburyport Water Dept. (978-465-4420), Newburyport Sewer Dept. (978-465-4414)
and/or the Byfield Water Department (978-462-3023) as needed at least
72 hours in advance of the excavation start date, exclusive of Saturdays,
Sundays and legal holidays to request a mark-out of water, sewer and
drain lines in the area.
C.
A performance bond for a minimum of $5,000.00 must be submitted or
a current bond must be on file with the ISD. On larger jobs such as
main line installations or extensions, the Director of Public Works
or his agent will establish the amount of said bond.
D.
A Certificate of Insurance must be submitted with the following coverage
requirements:
1.
Comprehensive General Liability:
Bodily Injury Minimum coverage
Each Person $500,000
Each Accident $500,000
Property Damage
Each Accident $100,000
Aggregate $300,000
2.
Workers Compensation Insurance as required by Law.
3.
The Town of Newbury as additionally insured must be included on the
policy.
E.
A fee of $100.00 is required for all Street Opening Permits, including
emergency excavations. This fee must be paid at the time the permit
is issued.
F.
Obtain a separate Trench Permit for any proposed trench excavation
in excess of three feet in depth, pursuant to Massachusetts General
Law, Chapter 82A, Section 1 and 520 CMR 7.00 et seq. (as amended).
A fee of $50 is required for a Trench Permit.
G.
The original Bond and original Certificate of Insurance must be submitted
to the ISD before a permit can be issued. No permit will be issued
before the bond or insurance is in effect. The Bond must remain in
effect for a period of at least one year. Copies of the permit shall
be given to the Fire Department and Police Department of the Town
of Newbury. If the Police Department decides that a police officer
or officers are needed to insure the safety of the public during construction,
the cost shall be borne by the permit holder. Two names, addresses
and phone numbers shall be provided to the Director of Public Works
or his agent and the Police Department for use in the event of an
emergency. The Director of Public Works or his agent shall be notified
24 hours before the actual start of any project and 24 hrs. before
resuming work after a break in the project. Permits for any non-emergency
excavations are prohibited on any road that has been resurfaced within
the past 5 years. Also, permits will not be issued for any non-emergency
work during the winter period from November 15 to April 1 of the following
year.
A.
General: All work and materials shall be in conformance with the
current edition of the "Massachusetts Department of Public Works Standard
Specifications for Highways and Bridges" and any supplemental specifications,
as they pertain to street utility excavations and repairs unless modified
herein. In locations where allowed by the Director of Public Works,
a trenchless utility installation method may be used rather than an
open cut method, and in some instances this method may be a strict
requirement instead of an open cut method.
B.
Signs and Safety: Provisions shall be made for the safety and protection
of vehicles and pedestrians at all times during the construction period.
All signs and warning devices shall be according to the 2003 edition
of the Manual on Uniform Traffic Control Devices (MUTDC).
C.
Cutting by Mechanical Means: All road surfaces shall be cut by an
approved mechanical means before any excavation is started to insure
against unnecessary damage to the pavement.
D.
Excavation: Excavation shall be done in a safe manner so as to create
a minimum amount of obstruction to pedestrian or vehicular traffic.
E.
Backfilling Trenches: Suitable material of a stable nature shall
be used and placed in six-inch layers and thoroughly compacted to
95% of the maximum dry density by mechanical means. In roadway areas,
the top of the trench shall be backfilled with twelve inches of approved
gravel, placed in two layers and compacted by mechanical means to
95%.
F.
Temporary Trench Patch: All trenches shall be resurfaced with a temporary
patch at the end of each working day with a minimum thickness of 3"
of hot-mix bituminous concrete. This should be allowed to remain for
a period of one year and be maintained by the permit holder. Any settlement
or unsatisfactory areas shall be immediately repaired when notified.
No permanent resurfacing shall be done without permission from the
Director of Public Works or his agent. He shall be the sole agent
to determine whether the trench is ready for permanent resurfacing.
The contractor shall be required to thoroughly clean all road surfaces
at the end of each day.
G.
Permanent Trench Resurfacing:
1.
All trenches shall be cut back 1' on each side from original
cut by an approved mechanical means and remove pavement, including
temporary patch.
2.
Four inches of bituminous concrete placed in two layers of 2 1/2"
binder and 1 1/2" top and rolled with a powered roller having
a weight of five tons or more. Existing pavements thicker than 4"
shall be replaced to an equal thickness using materials as similar
as possible to the existing (concrete or cobblestone with concrete,
crushed stone with bituminous concrete etc.).
3.
Before placing bituminous concrete, all joints shall be satisfactorily
emulsified and again after placing top course of bituminous concrete,
all joints shall be emulsified and sanded using screened sand.
4.
The contractor shall maintain pavement during the guarantee period
of one year from the date of permanent resurfacing.
H.
Sidewalks and Driveways: Any sidewalk that is disturbed shall be
removed and replaced to its entire width. Sidewalks being replaced
or extended shall have a minimum width of 5'. All structures
shall be raised at the permit holder's expense. The Town shall
specify the grade at which the new sidewalk or driveway is to be replaced,
and the cost of raising or lowering the grade shall be borne by the
permit holder. The limit of any driveway apron replacement shall be
reviewed with the Town's agent and shall generally be from the
edge of the traveled way to the rear edge of the sidewalk or the layout
line. Sidewalk cross slopes shall be 1.5%. Curbs shall be restored
completely to match existing curbing.
1.
Bituminous concrete sidewalks and driveway aprons: 3" of bituminous
concrete placed in two layers of 2" binder and 1" top on 8" of well-compacted
gravel. Roller to be five tons or more. All joints in sidewalks and
driveways are to be emulsified and sanded.
2.
Cement concrete sidewalks and driveway aprons: Cement concrete shall
be a 4" thick monolithic pour, 4000 lbs., with 3/4" stone, 6x6 10/10
wire mesh, air entrained with an expansion joint every 30 feet using
approved expansion joint material on 8" of well-compacted gravel.
Driveway aprons shall be the same as sidewalks except thickness of
concrete must be 6" inches. All sidewalks and drives shall be sprayed
with an approved curing compound and protected against drying too
rapidly.
I.
Trenchless Utility Installation Requirements: In locations where
trenchless utility installations are to be used instead of an open
cut across a road or driveway, a directional drilling method, which
includes a drilling and tracking system, as approved by the Director
of Public Works, shall be employed. Pneumatic boring or "punching"
method is prohibited, unless otherwise approved by the Director of
Public Works.
A.
Backfilling and Paving: Special backfilling and paving may be required
in addition to the above specifications where ordered by the Director
of Public Works. Special requirements may include, but are not limited
to the following:
1.
CDF Backfilling: Trenches shall be backfilled to within four inches
of the existing pavement surface with Controlled Density Fill (CDF),
Type 2E, Flowable (Excavatable) conforming to Subsection M4.08.0 of
the MDPW Standard Specifications for Highways and Bridges referenced
above. Steel plates may be necessary to cover the CDF until it has
reached suitable strength to support traffic, at which time the plates
shall be removed and Permanent Resurfacing of 4 inches of bituminous
concrete (2.5" binder & 1.5" top) shall be placed and compacted
as specified above.
2.
Infra-red Surface Treatment: After the Permanent Trench Resurfacing
has been completed as specified above, the entire trench surface shall
be finished using an approved infra-red heater to soften the pavement
to depth of two or more inches. The area to be treated shall extend
one foot outside each side of the trench to blend with the existing
pavement.
3.
Full width overlay: After the Permanent Trench Resurfacing has been
completed as specified above, a 1 1/4" thick, curb to curb, bituminous
concrete overlay may be required on main line utility extensions or
main replacement projects as determined by the Director of Public
Works. Adjustment of all valve boxes and road castings shall be included.
Cold milling shall be completed as needed to maintain the curb reveal
and to match the elevation of adjoining roadways and driveways.
B.
As-Built Plans: Upon completion of any water, drain or sewer main
extension or replacement, an as-built plan, prepared by a Professional
Engineer, meeting the satisfaction of the ISD and Director of Public
Works, shall be submitted within 30 days of completion of the main
installation.
As provided in MGL c. 40. § 21D (non-criminal disposition),
any person or contractor of any kind, including utility companies
who perform nonemergency excavation work without a valid permit shall
be fined $200.00 each day per occurrence per site until a permit or
permit extension has been applied for and approved.
Any person or contractor of any kind, including utility companies
who performs emergency work and fails to apply for a permit within
two (2) working days following the commencement of work shall be fined
$200.00 each day until a permit extension has been applied for and
approved.
Any person or contractor of any kind, including utility companies
who performs work without a permit on the basis that it is an emergency
and it is subsequently determined by the Permitting Authority that
the work was not a bonafide emergency, shall be fined $200.00 each
day until a permit extension has been applied for and approved.
