[Ord. of 12-6-1989, § III(A)]
For the work covered under this article, the permittee shall
be responsible for the safety of the public and property from the
time work is started to the end of his guarantee period.
[Ord. of 12-6-1989, § III(D)]
Any condition at the work site covered under this article which,
in the opinion of the director, police department, fire department
or Building Official, adversely affects the safety of the public or
property shall be immediately corrected by the permittee. If the permittee
fails to take corrective action, the department of public works will
take whatever action is deemed necessary to correct the problem, and
the permittee shall be charged for the cost of the work. Repeated
violations shall result in the revocation of the permit.
[Ord. of 12-6-1989, § III(B)]
(a)
Passable roads. Roads shall be kept passable at all times during
construction unless special written permission of the police department,
fire department and the department of public works has been obtained.
(b)
Traffic protection. The permittee shall maintain safe crossing for
one lane of vehicle traffic at all public intersections as well as
safe crossings for pedestrians at intervals of not more than 300 feet.
If an excavation is made across a public way, it shall be made in
sections to ensure maximum safe crossings for vehicles and pedestrians.
If the way is not wide enough to hold excavated material for temporary
storage, the material shall be immediately removed from the location.
(c)
Traffic control devices. The permittee shall furnish and install
necessary traffic control devices to ensure the safe and expeditious
movement of vehicular and pedestrian traffic through the construction
area. Traffic control devices include, among others, signs, lighting
devices, cones, barricades and hand signaling devices. All such devices
shall be in accordance with the provisions of the state Manual on
Uniform Traffic Control Devices. Additional devices may be required
by the director and Chief of Police.
(d)
Police. Prior to commencing work the permittee shall confer with
the Chief of Police to determine whether a police officer is required
to maintain traffic control and public safety at the work site. All
costs for police officers shall be the responsibility of the permittee.
(e)
Noise. The permittee shall conduct and perform excavation work in
such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. Except
in the case of an emergency, no work shall be performed other than
during the working day nor shall work be allowed between the hours
of 7:00 p.m. and 7:00 a.m.
[Ord. of 12-6-1989, § III(C)]
(a)
Vital structures. The excavation work shall be performed and conducted
so as not to interfere with access to fire hydrants, fire stations,
police stations, fire escapes, catch basins or any other vital public
necessity, as designated by the director, without written approval.
(b)
Adjoining property. The permittee shall at all times and at his own
expense preserve and protect from injury any adjoining property by
providing proper foundations and by taking such other precautions
as may be necessary for the purpose. The permittee shall, at his own
expense, shore up and protect buildings, trees, walls, fences or other
property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or roads resulting from his failure to properly protect and
carry out the work.
(c)
Dust and cleanup. During the course of and upon completion of work,
all public ways shall be thoroughly cleaned, at the permittee's expense,
of all rubbish, excess earth, rock and other debris. The permittee
shall take necessary precautions to prevent and avoid dust and to
keep gutters free and unobstructed for the full depth of the adjacent
curb.
(d)
Catch basins. The permittee shall keep all catch basins clear and
serviceable.
(e)
Utilities, sewers, water supply and drains. The permittee shall,
in accordance with state law, give proper and timely notice to public
utilities before making any excavation in a public way. A dig safe
number is required prior to the issuing of any excavation permit.
Also, before the permittee starts any excavation, he must confer with
all divisions within the department of public works to obtain information
regarding the location of sewer, water and drainage systems and any
other special conditions which must be taken into consideration when
performing work. The permittee shall not interfere with any existing
facility without the written consent of the owner of the facility.
If it becomes necessary to relocate any existing utility, this shall
be done by the owner and the cost of such work borne by the permittee.
The permittee shall inform himself as to the existence and location
of all underground facilities and protect the facilities against damage.
The permittee shall adequately support and protect, by timbers, sheeting,
etc., all pipes, conduits, poles, wires, cables or other appurtenances
which may be in the way and affected by the excavation work and do
everything necessary to support, sustain and protect them under, over,
along and across such work area. If any of such pipes, conduits, poles,
wires, cables or appurtenances are damaged, and for this purpose pipe
coatings or outer encasements or similar type protective devices are
to be considered as part of a substructure, such damage shall be repaired
by the agency or the persons owning them and the expense of such repairs
borne by the permittee. The permittee shall be responsible for any
damage done to any public or private property because of the breaking
of any water, sewer, drain or gas pipes, wires, conduits or other
such similar type appurtenance. The permittee shall be responsible
for immediate notification.
(f)
Monuments. The permittee shall engage a registered land surveyor
to reset any survey boundary monuments disturbed during the course
of work.
(g)
Trees. The permittee shall not remove, even temporarily, any trees
or shrubs which exist within the public right-of-way without first
obtaining permission from the Town tree warden. If a tree or shrub
is damaged, destroyed or is authorized for removal, the permittee
shall replace the tree or shrub at his own expense. The species, size
and place of relocation shall be determined by the tree warden.
(h)
Scenic ways. On roads which have been designated as scenic roads,
the tearing down, painting or destruction of stone walls, cutting
or removal of trees and the repairs, maintenance and reconstruction
or paving work done within the right-of-way, including the construction
of new driveways or alteration of those existing, insofar as they
affect stone walls or trees within the right-of-way, shall require
the written approval of the Planning Board in accordance with state
and Town regulations.
[Ord. No. 01-27, § 1, 9-5-2001]
Whenever any construction or road work is performed on any roadway
or adjacent to any roadway in the confines of the Town whereby said
construction will delay or otherwise interrupt the normal traffic
flow, all private contractors will be required to employ either a
representative of the Town police department or a state certified
flagger to direct said traffic and maintain safe road conditions.
[Ord. No. 01-27, § 1, 9-5-2001]
"Private contractors" shall also include public utilities, such
as electric, gas, telephone and cable service.
[Ord. No. 01-27, § 1, 9-5-2001]
Except when emergency situations exist, said contractors shall
contact the Town police department 24 hours in advance of any work
being performed to request the services of the Town police department.
[Ord. No. 01-27, § 1, 9-5-2001]
