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Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
A. 
General requirements. 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.
B. 
Traffic protection. The permittee shall maintain safe passage for two lanes of vehicle traffic whenever possible 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 assure maximum safe passage 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. 
Routing of traffic. The permittee shall take appropriate measures to assure that during the performance of the excavation, 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 abutting property and to the general public. Upon receipt of approval from the Director and the Chief of Police, a permittee may close off streets and walks to all traffic for a period of time prescribed by the Director if, in the Director's opinion, it is necessary. When the Director or the Chief of Police deems it necessary, the permittee shall engage a police officer or police officers to maintain traffic control and public safety of a project.
D. 
Traffic control devices. The permittee shall furnish and install necessary traffic control devices to insure the safe and expeditious movement of vehicular and pedestrian traffic through the construction area. Traffic control devices include among others signs, warning lights, cones, barricades and hand-signaling devices. All such devices shall be in accordance with the provisions of the Massachusetts Manual on Uniform Traffic Control Devices for Streets and Highways. Additional devices may be required by the Director and/or Chief of Police. Detour signs shall clearly mark the alternate route and shall be of sufficient number and clarity of instruction to avoid confusion. Any warning device that is to be left in place after dark shall be equipped with a functioning warning light.
E. 
Access to vital structures. The excavation work shall be performed so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, catch basins, or any other vital public necessity as designated by the Director or designee.
F. 
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 between the hours of 7:00 p.m. and 7:00 a.m.[1]
[1]
Editor's Note: See Ch. 133, Noise.
G. 
Erosion control. The permittee shall take whatever precautions are necessary to insure that runoff will not create erosion and siltration problems. In particular, the permittee shall protect drainage structures from siltation by whatever means are necessary, including but not limited to the piling of excavated material away from drainage structures, the covering of excavated materials with impervious membrane, and the installation of hay bales or filter fabric fences. In the event that drainage facilities do become damaged by siltation, the permittee will be required to clean or replace damaged drainage structures as determined by the Department, at the expense of the permittee.
A. 
Construction. Driveway entrances onto public ways shall be constructed or reconstructed according to the conditions existing in the immediate area and shall where possible have a positive pitch to the street and a minimum of three inches of Type I asphalt in the area of the drive located within the public way. Driveway entrances in areas which have concrete sidewalks shall have a minimum thickness of eight inches of portland cement concrete with six inches by six inches, Number 8 wire reinforcing placed on six inches of three-quarter-inch dense grade material. All openings shall be bituminous concrete or cement concrete extending for a minimum of 10 feet back from the existing roadway pavement. If openings are to be constructed through existing sidewalks, the requirements as stated above will extend through the full width of sidewalk or for 10 feet whichever is greater. In addition, all sidewalk construction will comply with the standards set forth in the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts and the Americans with Disabilities Act.
B. 
Location. Driveways shall enter onto roadways on small radius curves and shall be positioned so as to provide maximum sight distance and safety. Tree removal will be permitted only when an adequate driveway entrance cannot be established in a location where such removal could be avoided.
C. 
Abandoned entrances. Abandoned entrances shall be reconstructed to match the existing surrounding area to include the installation of granite curbing where applicable. Entrances to be abandoned will be so noted on the plans submitted with the application.
D. 
Wheelchair ramps. Existing wheelchair ramps which are damaged or removed shall be reconstructed of portland cement concrete or bituminous concrete with appropriate curb edges in accordance with specifications and details available form the Engineering Division.
These following shall apply to all sidewalks and bike paths owned or maintained by the Town:
A. 
Pavement restoration. Full-width pavement restoration shall be required for all sidewalk and bike path excavations.
B. 
Bituminous concrete sidewalks and bike paths. Sidewalks and bike paths constructed of this material shall be repaired using the specifications required for roadway backfilling and patching, with the exception that the existing base may be reused if the material is suitable in the opinion of the Director or his/her designee. The thickness of the bituminous material will be a minimum of two inches in one course.
C. 
Concrete sidewalks. Sidewalks constructed of concrete shall be repaired by making a new concrete section or sections through which the trench passes. Preformed expansion joints, when deemed necessary, will be installed against buildings, walls, steps, foundations or existing concrete sections. Specifications and details are available from the Engineering Division.
D. 
Brick sidewalks. Sidewalks constructed of brick shall be repaired in accordance with specifications and details available from the Engineering Division.
The following shall apply to all curbs and berms owned or maintained by the Town:
A. 
Precast concrete and granite curbs. Concrete or granite curbing which in any way is damaged shall be replaced with granite curbing unless otherwise approved by the Director and shall conform to standards, specifications and details available from Engineering Division.
B. 
Bituminous curbs and berms. Existing bituminous curbs and berms which are damaged shall be replaced in a manner which matches the cross section of existing surrounding curbs and berms unless otherwise directed by the Director. Installation shall be in accordance with standards, specifications and details available from the Engineering Division.
C. 
Poured concrete curb. The use of poured in place concrete curb is prohibited without specific written approval of the Director.
D. 
Disposition of existing granite curb. All salvageable granite curb recovered from a public way shall be delivered to the Department of Public Works Highway Division located at 382 Falmouth Road (Route 28), Hyannis, Massachusetts.
A. 
Vital structures. All 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.
B. 
Adjoining property. The permittee shall at all times and at his/her own expense preserve and protect from injury the adjoining property by providing proper foundations and by taking such other precautions as may be necessary for the purpose. The permittee shall, at his/her 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 its failure to property protect and carry out said work. All protective work carried out or deemed necessary to protect buildings, foundations and the like must be approved by the Town Building Commissioner.
C. 
Dust and cleanup. During 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. The permittee shall make provisions to take care of all surface/ground water, muck, silt, residue, or other runoff pumped or removed from the excavations and shall be responsible for any damages resulting from his/her failure to so provide.
E. 
Utilities, sewers and drains.
(1) 
The permittee shall, in accordance with Massachusetts General Laws, give proper and timely notice to public utilities before making any excavation in a public way. The permittee shall not interfere with any 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 paid for by the permittee. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. The permittee shall adequately support and protect by timbers, sheeting, shoring, etc., all pipes, conduits, poles, wires, cables or other appurtenance which may be, in any way, affected by the excavation work, and do everything necessary to support, sustain and protect those facilities under, over, along or across the proposed work area.
(2) 
In the event any of said 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 persons owning them, and the cost of such repairs paid for by the permittee. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water, sewer, drains or gas pipes, wire, conduits or other such similar type appurtenance.
F. 
Monuments. The permittee shall engage the services of a registered land surveyor to reset any survey boundary monuments disturbed during the course of work. All disturbed monuments shall be reset within 30 days of the completion of construction activities. The registered land surveyor shall certify in writing to the Director that the monuments have been properly placed.
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. In the event that a tree or a shrub is damaged, destroyed or is authorized for removal, the permittee shall replace the tree or shrub at his/her expense. The species, size and place of relocation shall be determined by the Tree Warden. In addition, if three or more trees are involved in a permit all chipable material including branches and slash up to four inches in diameter shall be reduced to chips and delivered to the Department of Public Works, Highway Division, located at 382 Falmouth Road (Route 28), Hyannis. All tree stumps and debris resulting form such work will be removed from the work site at permittee' s expense.
H. 
Scenic roads. On roads which have been designated as scenic roads, the tearing down, displacing or destruction of stone walls, cutting or removal of trees and the repair, maintenance and reconstruction or paving work done within the right-of-way, including the construction of new driveways or alterations 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 Chapter 180, Scenic Roads, of the Code of the Town of Barnstable.
I. 
Traffic signs. No traffic regulating, warning, directional or street signs shall be removed from the area or relocated therein unless so indicated on the plans or unless so indicated by the Director. Signs shall be removed and replaced as directed by the Director.
J. 
Violations. Any condition at the work site which, in the opinion of the Director, the Police Department, Fire Department or Building Inspector 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 correction. Repeated violation shall result in revocation of the permit and, if applicable, the loss of the contractors' or subcontractors' certification.
A. 
Breaking through pavement.
(1) 
Approved cutting of bituminous pavement surface prior to excavations is required in order to confine pavement damage to the limits of the trench. Pavement will be saw cut unless otherwise approved by the Director.
(2) 
Sections of bituminous or cement concrete sidewalks shall be removed to the nearest score line or approved saw cut edge.
(3) 
Unstable pavement shall be removed over cave-outs and over-breaks and the subgrade shall be treated as the main trench.
(4) 
Pavement edges shall be trimmed to a vertical face and neatly aligned parallel with the center line of the trench.
(5) 
Cutouts outside of the trench lines must be regular and aligned parallel and/or perpendicular to the center line of the trench.
(6) 
Trenches and excavations shall be braced and sheathed when necessary as required to comply with OSHA specifications.
(7) 
Road surface openings shall be restricted for a period of five years after a new permanent surface is laid, except in cases of extreme emergency. When in the opinion of the Director an extreme emergency does not exist, driving, dry boring, coring or jacking methods may be used to accomplish the installation subject to the approval of the Director. Extreme care must be taken to protect existing underground utilities at all times.
(8) 
When excavation is permitted in roads resurfaced within the past three years, the permittee must install a bituminous concrete patch the full width of the roadway and at least 30 feet beyond the affected area with one inch of dense graded bituminous concrete unless otherwise authorized by the Director. Utility companies placing utilities in a shallow trench (zero feet to five feet) in depth and narrow trenches (one foot to three feet) in width may in certain instances be exempt form the bituminous concrete patch at the discretion of the Director.
B. 
Backfilling. The excavation in the road must be filled and resurfaced during the same day it is opened unless otherwise allowed by the Director or his/her designee. The trench shall be backfilled with clean gravel in no more than six-inch mechanically tamped layers. Excavated material may be used if determined suitable by the Director, to within 10 inches of the finished grade with approved material, and then six inches of three-quarter-inch dense graded material shall be placed and compacted into the trench, and the remaining four inches shall be filled with the bituminous concrete patch. The road surface shall be precut to avoid damaging surfaces surrounding the trench. The backfill and dense graded material in the trench must be mechanically tamped to 95% of maximum dry density as determined by the Modified Procter Test in accordance with ASTM-l557 method.
C. 
Patches/repairs.
(1) 
Permanent patching. The permanent patching of bituminous concrete base and top shall be laid and rolled in two courses and shall be done within six months of the initiation of excavation. The binder (base course) shall be 2 1/2 inches in compacted thickness, and the top course shall be 1 1/2 inches in compacted thickness. The minimum total thickness of both courses, measured after rolling, shall be four inches. The base course of the permanent pavement shall be placed, carefully raked and thoroughly rolled to the required thickness. Before placing the base course of the pavement, the edge of the original pavement surface shall be cleaned of all dirt, dust and debris and then received an application of approved asphalt emulsion so that the new pavement material may be properly bonded to the old. The joint between the old and new pavement at the road surface intersection will then have an application of asphalt emulsion of at least one foot in width applied to it. The permanent paving shall not overlap the existing pavement and will not have to be applied with a mechanical spreader unless otherwise directed. The permittee shall furnish, place, grade and compact bituminous concrete pavement of Class I Type 1-1 as shown and specified in the latest Massachusetts Department of Public Works Standard Specifications for Highways and Bridges. The permittee shall maintain permanent patches for a period of 18 months or until infrared patching treatment is completed.
(2) 
Infrared patch treatment. Between six months and 18 months after the permanent patch is placed, the patch shall be heated up utilizing an infrared machine, and the patch surface reconstructed and blended with the existing surrounding pavement. The result shall be a smooth rideable surface. During the process additional bituminous concrete material will be added as required. The infrared equipment used must be approved by the Director. This work will be contracted for by the Department and paid for from part of the fees levied as part of the permit process.
(3) 
Temporary patches. Under certain conditions, the Director may authorize the installation of a temporary patch. Temporary patches shall preferably be hot Class I Type 1-1 bituminous concrete but may be substituted for with cold mix if hot mix is unavailable and the substitution is authorized by the Director. The patch shall be laid and compacted in two courses to a minimum of four inches total of compacted thickness to a finished grade matching the existing road surface. Temporary patches shall be removed and replaced with permanent patches within 180 days following placement of the temporary patch. The permittee shall maintain temporary patches and within 24 hours of notification by the Town fill with similar material any depressions and holes that may occur so as to maintain the surface in a safe and satisfactory condition.
D. 
Pavement overlay. Under certain circumstances a one-inch thick bituminous overlay for the full section of the road, and extending 30 feet beyond the area affected by the road patch may be required. Generally, this will be required when the patch was made on a road that was resurfaced in the last five years or when a patch is fairly extensive. Where overlays are required they will be noted on the permit.
E. 
Testing. If required by the Director the applicant will engage at no cost to the Town a certified testing company acceptable to the Department, to sample and test materials and/or compaction. Any deficiencies will be corrected by the applicant. Testing and sampling may include but will not be limited to compaction tests, soil sieve analysis, bituminous concrete density tests, pavement corings and nuclear density testing.
F. 
Trenches. Unless a shorter length is specified by the Director the maximum length of open trench permissible at any one time shall be limited to no more than 300 feet. No greater length shall be open for pavement removal, excavation, construction or backfilling without written permission of the Director.
G. 
Restoration of pavement markings. All permanent pavement markings, crosswalks, traffic center lines etc., which are obliterated or damaged during construction shall be repainted by or under the direction of the Department at the expense of the permittee.
H. 
Lawn surfaces and plantings. All grassed surfaces which are disturbed shall be replaced with six inches of screened loam, limed, fertilized and reseeded with a good quality perennial lawn seed or sodded. Likewise any areas containing plantings shall be restored to their original condition with the same or similar plantings. Special care shall be taken to insure the areas are relandscaped to meet the conditions which existed before the excavation. The permittee shall water and otherwise maintain grass and other vegetation and shall guarantee its survival for a period of 12 months.
I. 
Shoulders. Shoulders which are disturbed shall be reconstructed to previously existing grade and, regardless of its prior existing condition, shall be loamed with six inches of loam, limed, fertilized and seeded with good quality perennial lawn seed.