[Adopted 5-9-1974 ATM by Art. 34]
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18]
A.
No person or individual, corporation or other type
of entity shall open a trench in, or disturb the surface of, any existing
street or way, or any proposed way or street in a proposed subdivision,
for any of the following purposes, but not restricted thereto, until
a permit therefor is granted by the Select Board or its designee and
the Director of the Department of Public Works, except in an emergency
as determined by the Director of the Department of Public Works: installing,
repairing and/or maintaining any duct, conduit, sleeve, pipe or other
structure to be used for distribution or transmission of wastewater
or sewage, surface water or stormwater, potable water, a brook or
watercourse, gas, oil or any of its by-products in any form, electrical
power or service or telephone or telegraph service.
[Amended 6-17-2021 ATM by Art. 29]
B.
This article does not apply to the placing or replacing
of poles.
A.
Permits will be issued only in accordance with this article to the owners of the utility or the utility company by whom the utility installation is wanted, or others as described in § 142-7, or to their duly authorized agents only. No permit shall be issued to the contractor.
B.
All work covered by the permit shall commence within
one month of the date of the issuance of the permit and be pursued
diligently until completed. Time of completion shall be stated in
the permit, and upon expiration of said time a new permit will have
to be issued under conditions and terms as required by this article
and its amendments in effect at the renewal date. For the purpose
of this article, a cable television company or corporation shall be
considered a utility.
The owners of the utility and/or utility company or others, as described in § 142-7, shall exercise this permit subject to all the rules and regulations made from time to time by the State Department of Public Safety, Department of Public Works and Department of Public Utilities, and nothing in this permit shall be construed as authorizing any installations or maintenance thereof except in strict conformity with all federal, state and municipal laws, ordinances, articles and regulations.
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
No work shall begin or continue in any street
or way unless the permit, legally and duly issued, or a duplicate
copy, is on the site of the work and shall be shown to any police
officer or other authorized municipal person upon request thereby.
A legally and duly issued permit shall be a permit which states the
name and business address of the applicant, a specific date of issuance,
a specific date of completion and a general description of the work
to be done that is signed by not fewer than three Select Board members,
or their designee, and the Director of the Department of Public Works.
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
All applications for any permit shall be in
quadruplicate. All applications and work to be done under any permit
issued must meet with the approval of the Select Board majority or
its designee and the Director of the Department of Public Works, or
a unanimous vote of the Select Board.
If, during the progress of the work to be done
under the initial permit, any existing duct, conduit, sleeve, pipe
or other structure used for the distribution or transmission of wastewater
or sewage, surface water or stormwater, potable water, a brook or
watercourse, gas, oil or any of its by-products in any form, electrical
power or service or telephone or telegraph service is encountered
and must be relocated and/or modified in any way so that the work
will function properly and as intended upon completion, a separate
legally and duly issued permit must be obtained for each proposed
relocation and/or modification.
[Amended 10-21-1999 ATM by Art. 44; 4-29-2002 ATM by Art. 13; 10-17-2005 ATM by Art.
21; 6-17-2021 ATM
by Art. 29]
All applications for any permit shall be accompanied by a certified check payable to the Town of Chelmsford in the amount of $5 per linear foot, with a minimum fee set by the Select Board pursuant to MGL c. 40, § 22F. If work is to be done on more than one way or street, a separate legally and duly issued permit must be obtained for each way or street. Permits required under § 142-12 and the first renewal of any legally and duly issued permit are not subject to the application fee as provided for in this section. Failure of work to commence within one month of the date of issuance automatically voids the permit and will result in forfeiture of 10% of the application fee to the Town of Chelmsford.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
All outstanding permits issued by the Select
Board, Director of the Department of Public Works or any other Town
governmental board, committee or body which has and/or had authorization
to issue permits to open a trench in, or to disturb the surface of,
any existing and/or proposed way or street that have not been exercised,
either in whole or in part, prior to this article being adopted by
the Town and filed with the Secretary of State and/or Attorney General
of the Commonwealth of Massachusetts to be effective shall be void.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art.
18]
All construction work performed under this article
shall be performed by a contractor licensed by the Director of the
Department of Public Works.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art.
18]
B.
The contractor shall deliver a current certificate
of insurance to the Director of the Department of Public Works before
performing work under this article and shall post a performance bond
of $5,000 with the Town securing work to be performed within the public
right-of-way. On projects where the Director of the Department of
Public Works determines that the cost of construction is $10,000 or
greater, the contractor shall post a performance bond payable to the
Town securing 100% of the construction cost. The bond shall be released
upon approval of the work by the Director of the Department of Public
Works.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art.
18]
Violations of the provisions of this article
shall result in the revocation, by the Director of the Department
of Public Works, of the contractor's license to perform work in the
Town of Chelmsford.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18]
A.
Unless specifically waived by the Director of the
Department of Public Works, all applications for a permit under this
article shall be accompanied with the following:
(1)
A separate sheet, 24 inches by 36 inches in size,
for each street or way to be included within the proposed work, said
sheet to show a plan view, with North point, and profile of the street
or way at a horizontal scale of 40 feet to an inch and a vertical
scale of four feet to an inch, with existing center-line grades in
fine solid lines, with existing elevations, derived from actual field
survey, at fifty-foot stations shown by figures.
(a)
Said plan view of the proposed work and installation
shall show the location of the work in reference to existing utilities
and structures, i.e., sanitary sewers, storm sewers and drains, water
mains, any locatable utility installations and their appurtenances,
easements, property and street right-of-way lines, bounds and/or property
markers and other necessary physical features, such as curblines,
sidewalks, water gates, gas gates, utility poles and trees of diameter
greater than six inches.
(b)
Said profile of the proposed work and installation
shall show the location of the work in reference to existing utilities
and structures, i.e., sanitary sewers, storm sewers and drains, water
mains, any locatable utility installations and their appurtenances.
(c)
Both plan view and profile shall extend at least
250 feet beyond the end limits of the proposed work and installation.
All information pertaining to existing lines and utilities shall be
shown in fine lines, and all proposed work shall be shown in heavy
lines. The plan view shall be on the upper portion of the sheet and
the profile on the lower portion of the sheet.
(2)
Offset lines and/or ties from locatable or relocatable
points must be shown, e.g., bound points and property lines.
(3)
Cross sections and/or details of proposed conduits,
structures, etc., must be shown. Details and dimensions of outsized
structures, including manholes and vaults, must be shown. All outsized
structures, including manholes and vaults, must be shown. All cross
sections and details must be drawn to scale on a separate sheet, 24
inches by 36 inches in size.
(4)
All vertical control shall be based on the Town of
Chelmsford datum.
(5)
All horizontal control shall be based on the Town
of Chelmsford coordinate system.
(6)
Construction standards as hereinafter detailed must
be visually detailed and/or inscribed on the plan view and/or profile.
(7)
Each sheet shall have a border of 1 1/2 inches
on the left and a border of 1/2 inch along the remainder of the sheet.
The lower right-hand corner of each sheet shall contain the name of
the street or way, the type of proposed utility installation, the
name and address of the applicant for the permit, the date, scale,
name and address of the surveyor, the name and address of the engineer
and the sheet number in a block four inches by six inches in size.
If the proposed work and installation involves more than 5,000 linear
feet of street or way, a title sheet, 24 inches by 36 inches in size,
shall be the first sheet of the plans, with a locus plan of the work
at a scale of 2,000 feet to an inch.
(8)
Names of all abutters to the street or way proposed
for the work shall be shown on each plan as they appear in the most
recent tax list.
(9)
Each sheet of the plans shall be signed and stamped
by a registered land surveyor and registered professional engineer
with seals of registration for the Commonwealth of Massachusetts.
Those portions of the plan representing engineering design shall be
prepared by a registered professional engineer.
(10)
A letter-size locus plan of the work, at a scale
of 2,000 feet to an inch, in quadruplicate, must accompany the permit
application.
(11)
Eight prints, dark line on white background,
of sheets shall be submitted with the application.
B.
If deemed necessary by the Select Board, the Department
of Public Works Director or their duly authorized representative,
a baseline or center line of construction for both vertical and horizontal
control of the work will be established prior to construction by a
registered land surveyor. This baseline or center line will be shown
on final construction plans. No variation from the baseline or center
line of construction shall be made unless written permission is given
by the Select Board, Director of the Department of Public Works or
their duly authorized representative. All plans are to be submitted
to the Select Board and the Director of the Department of Public Works
for review prior to issuance of the permit.
[Amended 6-17-2021 ATM by Art. 29[
C.
When the proposed location of installation is in the
sidewalk area or in any other location where accuracy of bounds, bound
points, property markers, etc., may be jeopardized, the Director of
the Department of Public Works shall require that a registered land
surveyor locate and properly reference tie all such points prior to
construction. Upon completion of all construction, the bounds, bound
points, property markers, etc., will then be checked against the reference
ties, and any variation of said points will be duly recorded by the
registered land surveyor. A legible copy of all field notes and ties
recorded by the registered land surveyor, upon completion of his or
her work, shall become the property of the Department of Public Works
Director. Original field notes are to be available for examination
by duly authorized representatives of the Director of the Department
of Public Works upon request.
[Amended 10-15-1990 ATM by Art. 18]
Written notification of one week prior to commencing
construction will be required. This notification shall be sent to
the Department of Public Works Director and Police Chief and shall
contain the name, address and telephone number of the contractor or
party who or which is to perform the work as well as the telephone
number for emergency calls which may arise when the contractor is
absent from the work site.
[Amended 10-15-1990 ATM by Art. 18]
A.
All work to be performed hereunder shall be done between
the hours of 7:30 a.m. and 4:30 p.m.; provided, however, that different
work hours for the performance of such work may be agreed upon or
required for good cause by the Director of the Department of Public
Works, and said requirement shall be stated in writing at the time
of issuance of the permit.
B.
No Saturday, Sunday or legal holiday work will be
allowed unless an emergency or accommodation situation arises and
permission is given by the Director of the Department of Public Works.
Said permission may be granted orally; however, a written confirmation
that such permission has been granted shall be made by the Director
of the Department of Public Works as soon as practicable thereafter.
C.
In regard to Saturday, Sunday or legal holiday work,
the Director of the Department of Public Works shall determine whether
an emergency or accommodation situation exists. "Emergency" is an
unforeseen combination of circumstances which calls for an immediate
action, a pressing necessity.
D.
No excavation, trenching, etc., shall be allowed in
any street or way, accepted or unaccepted, or proposed way or street
between November 15 and April 1, except in the case of an emergency,
which shall be determined by the Director of the Department of Public
Works.
A.
If required by the Select Board and/or the Director
of the Department of Public Works, a sufficient number of photographs
must be taken prior to the excavation to serve as reference to ensure
restoration of designated areas to their former condition.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
B.
The required photographs within the work limits shall
be taken prior to the commencement of the work and shall be of a size,
type, quality and number as determined by the Director of the Department
of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
C.
All expenses incurred by the requirements of this
section shall be borne by the permittee.
A.
A full-time inspector shall be assigned to each trench
opening or excavation site in any way or street, accepted or unaccepted,
or proposed way or street by the Director of the Department of Public
Works.
[Amended 10-15-1990 ATM by Art. 18]
B.
The inspector's duties will be as determined by the
Director of the Department of Public Works. In general, the inspector
will be the Town's agent who will ensure compliance of the work with
the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18]
C.
The inspector will file daily written reports with
the Director of the Department of Public Works and a copy to the Select
Board and will be responsible for reporting any violations of the
provisions of this article in said daily written reports.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
D.
Safety and the use of proper construction methods
and/or techniques are not the responsibility of the inspector.
E.
Failure of the Director of the Department of Public
Works to assign an inspector to a trench opening or excavation site
in any way or street, accepted or unaccepted, or proposed way or street
does not in any way relieve the permittee of the responsibility of
full compliance with the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18]
F.
The fee and incidental expenses of the inspector shall be borne by the permittee and payable, by check or money order, to the Town of Chelmsford. These fees and those included in § 142-13 shall be deposited in a revolving fund maintained for the purpose of paying the expenses relative to inspections.
[Amended 4-28-1997 ATM by Art. 15]
G.
The permittee is solely responsible for notifying
the Director of the Department of Public Works, in writing, of any
scheduled testing of any work under permit at least 48 continuous
hours prior to the time of the scheduled test. Failure of the permittee
to do so could result, if deemed necessary by the Director of the
Department of Public Works, in the retesting of those portions of
the work for which the testing was unobserved by the Director of the
Department of Public Works or his or her duly authorized representative.
[Amended 10-15-1990 ATM by Art. 18]
A.
The permittee shall so prosecute his or her work that
traffic, both pedestrian and vehicular, will be maintained over and
through the work with a maximum of safety and convenience.
B.
Every opening made in a street or way, accepted or
unaccepted, or proposed street or way shall be enclosed with sufficient
barriers, sufficiently lighted at night and posted with necessary
signs, to guard the public against all accidents from the beginning
to the completion of the work. The responsibility of maintaining sufficient
safety features around the work is solely that of the permittee and
in no way the responsibility of the Town of Chelmsford.
C.
Uniformed police shall be present to maintain two-way
traffic in the roadway during the hours work is being done under the
permit.
(1)
At least one week prior to commencing construction,
the permittee shall give written notification with all pertinent information
regarding the work to the Police Chief so that the Police Chief may
prepare a roster of police officers assigned to the excavation site.
(2)
If, in his or her opinion and judgment, the Police
Chief deems necessary the assigning of more than one police officer
to the excavation site, the Police Chief may do so in the best interest
of public safety.
(3)
The permittee may request a waiver of the requirement
for uniformed police at the excavation site in writing to the Police
Chief, who must evaluate the request for a waiver and reply to the
permittee, in writing, within five days of receipt of the request
for waiver.
(a)
If the Police Chief grants the waiver and at
some future time during the progress of the work the Police Chief
visits the excavation site and deems necessary that a uniformed police
officer be present to maintain two-way traffic in the roadway, the
Police Chief may immediately rescind, suspend or modify this waiver.
(b)
A request for a waiver does not relieve the
permittee in any way of the responsibility of having uniformed police
at the excavation site until said waiver has been granted, in writing,
by the Police Chief.
(4)
The fee and incidental expenses of the uniformed police
assigned to the excavation site shall be borne by the permittee and
payable, by check or money order, to the Town of Chelmsford.
D.
Pavement, fire hydrants, catch basins and sidewalk
areas shall be kept reasonably clear of excavated materials. Pedestrians
must be able to walk by, or a boardwalk must be constructed over any
excavation authorized hereunder.
E.
Proper access at all times should be maintained to
both public and private property, with all driveways and streets to
be opened at night. In cases where necessity deems a roadway trench
be kept open overnight, express written permission from the Director
of the Department of Public Works and written notification to the
Police and Fire Departments will be necessary.
[Amended 10-15-1990 ATM by Art. 18]
F.
Any snow or ice condition that may occur during construction
must be properly controlled through sanding and/or salting or plowing
to points 250 feet beyond either end limit of the construction area,
unless otherwise decided by the Director of the Department of Public
Works or his or her duly authorized representative.
[Amended 10-15-1990 ATM by Art. 18]
G.
The permittee shall be responsible for instructing
all employees in the principles of first aid and safety and in the
specific operational procedure necessary to prevent accidents. The
permittee shall provide for the availability and maintenance of adequate
first aid supplies at the excavation site at all times.
A.
Grassed areas. Any grassed areas, where entered and
disturbed, either public or private, shall be properly compacted as
hereinafter described and loamed to a minimum depth of six inches,
seeded and fertilized. The permittee is responsible for maintaining
these areas until a satisfactory crop of grass has been grown to the
satisfaction of the Director of the Department of Public Works. The
seed shall be sown only between the periods from April 15 to June
1 and from August 15 to October 15 or as directed by the Director
of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
B.
Trees. The issuance of the permit does not authorize
the trimming or removal of any trees or shrubs. The necessary removal
of any tree shall be under the supervision of the Tree Warden or his
or her duly authorized representative. Hand digging shall be required
around the roots of trees and shrubs.
C.
Fences. Any fence requiring removal for satisfactory
prosecution of the work shall be removed and then reset by the permittee.
Any materials removed shall be utilized in the fence reset, except
that, where necessary, new posts and bases shall be furnished by the
permittee. Any materials damaged or lost during or subsequent to the
removal shall be replaced by the permittee at his or her own expense.
All new materials required shall be equal in quality and design to
the materials in the present fence.
D.
Saw cutting of pavement. Where required by the Director
of the Department of Public Works, the roadway and/or sidewalk pavement
are to be saw cut to neat, true lines as directed. All newly resurfaced
roadways shall be saw cut. Such cutting shall be to a depth below
the pavement as to prevent tearing of the surface when the excavation
is begun.
[Amended 10-15-1990 ATM by Art. 18]
E.
Maximum trench opening. The excavation is to be kept
as neat as existing conditions permit, and not more than 150 feet
shall be left open at any time during working hours and not more than
20 feet of trench shall be left open overnight without written permission
of the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
F.
Roadway dust control. The permittee shall furnish
and apply calcium chloride as a dust-control material at all locations
where directed by the Director of the Department of Public Works or
his or her duly authorized representative. Calcium chloride shall
be uniformly applied either by hand methods or by approved spreading
devices at a rate of no more than one pound per square yard.
[Amended 10-15-1990 ATM by Art. 18]
G.
Unsuitable material. All excavated material is to
be discarded unless otherwise suitable, and if not suitable shall
be replaced with the following material acceptable to the Department
of Public Works Director or equivalent, namely, one-half-inch to three-fourths-inch
crushed processed gravel for the bed and also above the item placed
in the excavation for a depth not less than six inches below the bottommost
portion of the item and for a depth not less than six inches above
the topmost portion of the item to be standard. Any excavated materials
not required or not suitable for backfilling shall be removed from
the site of the work and disposed of by the permittee. The permittee
will not be allowed to store excess excavated material on the public
highways. All excavated material which is not to be used in a reasonable
amount of time, as determined by the Director of the Department of
Public Works or his or her duly authorized representative, for backfilling
shall be hauled away and stored until such time as the material is
to be used for backfilling by the permittee.
[Amended 10-15-1990 ATM by Art. 18]
H.
Disposal of discarded materials. The permittee shall
be held responsible for all discarded materials, rubbish and debris
that are dumped or fall within the limits of the project. Such materials
shall be removed from the site and disposed of at the permittee's
expense.
I.
Backfill material. The backfill material used shall
be of a quality satisfactory to the Director of the Department of
Public Works and shall be free from large or frozen lumps, wood, organic
matter and other extraneous material and shall contain no boulders
or broken ledge greater than 1/2 cubic yard. All stones, boulders
or broken ledge greater than one cubic foot in size must be a minimum
of 1 1/2 feet above the topmost portion of the item placed in
the excavation and a minimum of two feet below the pavement surface
grade.
[Amended 10-15-1990 ATM by Art. 18]
J.
Sheeting. Lumber sheeting shall be installed where
trench excavation would cause failure to adjacent pavement. Unless
otherwise directed, sheeting shall be driven to such depth as to be
two feet below normal excavation. The sheeting shall be securely and
satisfactorily braced to withstand all pressures to which it may be
subjected and shall be sufficiently tight to prevent any flow of water
or material into the work space. Upon completion of the work, sheeting
shall be driven down or cut off 18 inches below pavement grade and
left in place, or as directed by the Director of the Department of
Public Works. No sheeting may be left so as to create a possible hazard
to the safety of the public, obstruction to flow of water or a hindrance
to traffic of any kind.
[Amended 10-15-1990 ATM by Art. 18]
K.
Compaction of backfill. Backfill shall be uniformly
distributed in successive layers, each layer being thoroughly compacted
before the succeeding layer is placed. The entire width of the trench
shall be mechanically or hand tamped in six-inch lifts a minimum of
two feet above the utility installation and mechanically tamped the
remainder of the fill in lift depths not greater than two feet.
L.
Grading, rolling and finishing.
[Amended 5-1-1989 ATM by Art. 21]
(1)
The word "approved" as appearing in this section shall
mean conforming to Massachusetts Department of Public Works specifications,
as amended.
(2)
The trench in the street must be filled and temporarily
resurfaced on the same day it is opened unless otherwise directed
by the Director of the Department of Public Works or his or her designee.
The trench shall be backfilled with approved excavated materials to
within 19 1/2 inches of the top. Eighteen inches shall consist
of approved gravel (State Department of Public Works Specification
M1.03.0 Type B), and the remaining 1 1/2 inches shall consist
of temporary bituminous surface. Road surface shall be precut to avoid
damaging surfaces surrounding the trench.
[Amended 10-15-1990 ATM by Art. 18]
(a)
If the temporary road surface is not placed
the first day, then as soon as directed by the Director of the Department
of Public Works the gravel subbase shall be excavated to the required
grade in order to place 1 1/2 inches of temporary bituminous
surface. The temporary pavement shall be placed and raked to a uniform
surface and rolled to the required thickness and to a grade that will
match the existing bituminous road surface. The permittee shall maintain
the temporary surfacing and shall promptly fill with similar material
any depressions and holes that may occur so as to keep the surfacing
in a safe and satisfactory condition for traffic.
(b)
Temporary resurfacing must be a minimum of 1 1/2
inches compacted thickness and may consist of either so-called "cold
patch" or plant-mixed hot asphalt aggregate, all as produced in accordance
with the standard specifications of the Massachusetts Department of
Public Works. The bituminous concrete surface shall not be placed
until the expiration of 30 days from the date of completion of the
temporary surface. The temporary subbase shall be excavated to the
grade required by this article prior to placement of the bituminous
concrete surface.
M.
Restoration of permanent paving.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18; 4-28-1997 ATM by Art.
17]
(1)
The permittee shall remove and dispose of, in accordance
with acceptable construction standards, all excavated material before
proceeding with the remainder of the work and shall thoroughly compact
the surface of the subbase. Any broken or irregular edges of existing
pavements shall be cut away in straight lines as directed by the Director
of the Department of Public Works, leaving a solid vertical face.
(2)
The bituminous concrete base and top shall be laid
and rolled in two courses. The binder (base course) shall not be less
than the existing roadway base course and shall not be less than two
inches in depth, and the top course shall be 1 1/2 inches in
depth. The minimum total thickness of both courses, measured after
rolling, shall be 3 1/2 inches.
(3)
The base course of the permanent pavement shall be
placed and carefully raked to minimum surface and thoroughly rolled
to the required thickness. Before placing the base course of the permanent
pavement, the edge of the original bituminous surfacing shall receive
an application of approved asphalt emulsion so that the new pavement
material may be properly bonded to the existing pavement. All seams
shall be sealed with an approved emulsified liquid asphalt and sand.
The top course of the permanent paving shall be placed to a grade
that will match the existing bituminous surface after rolling. The
permanent paving shall not overlap the existing pavement and shall
not have to be applied with a mechanical spreader unless otherwise
directed by the Director of the Department of Public Works.
(4)
The permittee shall furnish, place, grade and compact
bituminous concrete pavement of Class I, Type I-1, as shown and specified
in the latest Massachusetts State Department of Public Works Standard
Specifications for Highways and Bridges. Unless otherwise approved
by the Director of the Department of Public Works, a full width overlay
will be required if greater than 50% of the roadway pavement width
will be disturbed. In these cases, pavement overlay shall consist
of 1 1/2 inches of dense-graded bituminous concrete and shall
extend at least 30 feet beyond the street opening. Excavations shall
be made in open cut. Tunneling will be allowed by special permission
of the Director of the Department of Public Works. All excavations
and trenches shall be braced and sheathed when necessary as required
by Occupational Safety and Health Administration (OSHA) specifications.
(5)
Street openings shall be maintained by the permittee for a period of five years from the date of completion, except for work that requires a curb-to-curb overlay, in which case the maintenance period shall be two years. No additional permits shall be issued to the permittee or contractor who has any outstanding unmaintained street openings. After new full-width permanent surface is laid, street surface openings shall be prohibited for a period of five years for all roads, except in cases where a variance is obtained pursuant to § 142-30 of this article. The list of streets as classified by the Director of the Department of Public Works shall be kept on file at the Department of Public Works.
[Amended 10-21-1999 ATM by Art. 44; 4-24-2017 ATM by Art. 25]
(6)
All permanent pavement markings, including but not
limited to crosswalks, traffic and center lines, that are obliterated
or damaged during construction shall be repainted by or under the
direction of the Director of the Department of Public Works at the
expense of the permittee.
N.
Reinforced concrete pavement replacement. If reinforced
concrete pavement is encountered during the work, it shall be replaced
in accordance with acceptable construction standards or as directed
by the Director of the Department of Public Works.
O.
Bituminous concrete sidewalk replacement. When work
is performed in sidewalk areas, the entire sidewalk shall be replaced
as follows. The entire trench area shall be thoroughly compacted to
a point nine inches below the finish grade. Six inches of compacted
processed gravel subbase shall then be placed. Forms shall be installed
where deemed necessary to assist in securing proper alignment and
adequate compaction of the base and surface courses. Bituminous concrete
Type I shall then be laid in two courses to a depth of three inches,
each course consisting of 1 1/2 inches. The walk shall have a
pitch of 3/16 of an inch per foot of width to provide for proper drainage
toward the gutter. The surface of each course shall be rolled with
a self-propelled tandem roller weighing not less than 1 1/2 tons
and not more than five tons. In places not accessible to a power roller,
compaction shall be obtained by means of hand tampers weighing not
less than 50 pounds and having a tamping face not exceeding 100 square
inches.
P.
Concrete sidewalk replacement. Cement concrete sidewalks
shall be repaired by making a new concrete block or blocks through
the trench passes. Preformed expansion joints, when deemed necessary,
will be installed against buildings, walls, steps, foundations or
existing concrete blocks. The new cement concrete square shall consist
of entrained Class A (3500 pounds per square inch) mix. All concrete
must be cured by covering all material in accordance with acceptable
construction standards or as directed by the Director of the Department
of Public Works. All walks shall be laid over a minimum of 12 inches
of well-compacted gravel. Cement concrete shall be treated with silicone
or linseed oil sealer for salt damage prevention.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18]
Q.
Bituminous concrete berm. The construction requirements,
dimensions and cross section of bituminous concrete berm shall be
as directed by the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
R.
Curb. When work is performed adjacent to granite curbing,
extreme care is to be taken to ensure that curbing remains undisturbed
both horizontally and vertically. Curbing which has been chipped,
marred or cracked during construction shall be replaced when so directed
by the Director of the Department of Public Works. Disturbed curbing
shall be reset to line and grade by accepted methods. The permittee
shall be held responsible for any settlement or horizontal movement
of granite curb due to washout or trench settlement after completion
of construction for a period of time acceptable to the Director of
the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
S.
Time limit for sidewalk paving. Sidewalk repaving
and/or replacement must follow as close behind installation as conditions
permit. Excessive linear footage of sidewalk left unrepaired will
not be allowed.
T.
Disturbing existing utilities. The permittee shall
exercise special care during excavation to avoid injury to underground
structures, such as water or gas mains, pipes, conduits, manholes,
catch basins, etc. When necessary the permittee shall cooperate with
representatives of public service companies in order to avoid damage
to their structures by furnishing and erecting suitable supports,
props, shoring and other means of protection. The permittee shall
be liable for repair of any damage to such utilities, either public
or private, to the satisfaction of the Director of the Department
of Public Works. The construction and/or reconstruction of any Town
of Chelmsford catch basin or manhole shall be in accordance with the
Town of Chelmsford standards.
[Amended 10-15-1990 ATM by Art. 18]
Liability for damage to private property abutting
the construction and caused by the permittee, his or her agents or
servants shall be borne solely by the permittee performing the work.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
The issuance of the permit to an individual, utility or the utility company and/or its agents or others as described in § 142-7 of this article shall constitute an agreement with the Town of Chelmsford whereby the utility or the utility company and/or its agents, an individual or others shall indemnify and save harmless the Town of Chelmsford against all claims for damages for injuries to persons or property and against all costs, suits, expenses and losses occasioned by or arising from entering streets and/or ways and from occupancy and use of said streets and/or ways and further agree to pay all costs and damages which may be recovered against the Town of Chelmsford by reason of entering said streets and/or ways and on account of occupancy of said premises and shall further be required to provide insurance therefor, unless otherwise determined by the Select Board and Director of the Department of Public Works.
A.
If an examination of the work reveals that it does
not comply with or violates the provisions of this article, the Select
Board and/or the Director of the Department of Public Works shall
notify and order, in writing, the permittee and its duly authorized
supervisor at the work site, who shall take such appropriate measures
as necessary to assure compliance with the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
B.
If a further examination of the work, not less than
48 continuous hours after the issuance of orders, reveals that no
positive action and/or appropriate measures are or were being taken
by the permittee or its duly authorized supervisor at the work site
to assure compliance with the provisions of this article, the Select
Board and/or the Director of the Department of Public Works shall
rescind, suspend or modify, through the imposition of conditions,
the permit.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
C.
Every order issued to enforce the provisions of this
article shall be in writing and shall be served on the permittee and
its duly authorized supervisor at the work site and/or all persons
responsible for the violation of this article.
D.
Every order issued to enforce the provisions of this
article shall include a statement of the violation or defect, shall
allot a reasonable time for any action necessary to effect compliance
and may suggest action which, if taken, will effect compliance with
this article.
[Amended 10-15-1990 ATM by Art. 18]
A.
Any person to whom any order to comply with the provisions
of this article is issued or any person who objects to the issuance
of a variance may request a hearing before the Select Board and the
Department of Public Works Director or their designee by filing a
written application within 10 days of the receipt of the order or
within 10 days of the filing of the notice of the granting of the
variance.
[Amended 6-17-2021 ATM by Art. 29]
B.
Upon receipt of written application, the Select Board,
the Director of the Department of Public Works or their designee shall
establish a time and place for such hearing and inform the petitioner
thereof in writing. The hearing shall be commenced not later than
30 days after the day on which the application was filed.
[Amended 6-17-2021 ATM by Art. 29]
C.
At the hearing the petitioner shall be given the opportunity
to be heard and to show why the order or variance should be modified
or withdrawn.
D.
After the hearing, the Select Board and the Director
of the Department of Public Works shall sustain, modify or withdraw
the order or variance and may rescind, suspend or modify, through
the imposition of conditions, the permit and shall inform the petitioner,
in writing, of the decision.
[Amended 6-17-2021 ATM by Art. 29]
E.
Every notice, order and other record prepared by the
Select Board and/or the Director of the Department of Public Works
or their designee in connection with the hearing shall be entered
as a matter of public record in the office of the Director of the
Department of Public Works.
[Amended 6-17-2021 ATM by Art. 29]
A.
Any permittee who violates or refuses to comply with
any provision of this article and orders hereunder promulgated shall
forfeit and pay to the use of the Town of Chelmsford a sum of $50
for each violation.
B.
Each day, or portion of a day, that any violation
is allowed to continue shall constitute a separate violation of this
article.
A.
The Select Board and the Director of the Department of Public Works, upon their own initiative or upon application to them by any individual, utility or others as described in § 142-7, after due notice and public hearing, may vary any provision of this article as they deem necessary with respect to any particular case when, in their opinion, the enforcement thereof would do manifest injustice or cause undue hardship, provided that their decision shall not conflict with the spirit of this article. The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
B.
Variances, when granted, shall be in writing and shall
be effective for not more than one year. Notice of the grant of a
variance shall be filed with the Town Clerk within 10 days after the
variance has been granted.
Each of these sections shall be construed as
separate, to the end that if any section of paragraph, sentence, clause
or phrase thereof shall be held invalid for any reason, the remainder
of that section and all other sections of this article shall continue
in full force.
[Amended 5-1-1989 ATM by Art. 21]
Municipal departments of the Town of Chelmsford
shall be exempt from the fees associated with this article but shall
conform to all other aspects of this article.
All provisions of the bylaws of the Town of
Chelmsford, as amended, which are not inconsistent with this article
shall continue in effect, but all provisions of said bylaws inconsistent
are repealed.
