[HISTORY: Adopted by the Town of Orange effective 7-1-2004. Amendments
noted where applicable.]
Town roads have been established and are maintained primarily for the
purpose of movement of vehicles and pedestrians. It is also desirable to allow
individuals and utility companies to utilize highway rights-of-way for purposes
other than transportation. However, to prevent recurring, dangerous, and annoying
interruptions to traffic and pedestrians, and to avoid interference with future
road construction and construction methods, it is necessary that strict control
be maintained and standard procedures be followed for excavations, construction,
and maintenance in Town roads.
As used in this chapter, the following terms shall have the meanings
indicated:
The Highway Department of the Town of Orange.
The authorized representative of the Town of Orange.
Any opening in the surface of a public place made in any manner whatsoever,
except an opening in a lawful structure below the surface of public place,
the top of which is flush with the adjoining surface and so constructed as
to permit frequent opening without injury or damage to the public place.
Any pipe, pipeline tube, main, service, trap, vent manhole, meter,
gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable,
junction box, or any other material, structure, or object of any kind of character,
whether enumerated herein or not, which is or may be lawfully constructed,
left, placed or maintained in, upon, along, across, under, or over any public
place.
The person or persons, corporation or municipality to whom this permit
is granted, or their legal representatives.
Any street which has been newly constructed, reconstructed, or repaved
within the past five years.
Any person, firm, partnership, association, corporation, company,
or organization of any kind.
Any street, way, place, alley, sidewalk, park, square, plaza, or
any other similar public property owned or controlled by the Town and/or dedicated
to public use.
The Commonwealth of Massachusetts, Department of Public Works, Standard
Specifications for Highways and Bridges, including the supplemental specifications
most recent edition.
Any pipe, conduit, tunnel, duct, manhole, vault, buried cable, or
wire, or any other similar structures located below the surface of any public
place.
The Town of Orange and/or Highway Superintendent and/or designee.
A private company, corporation, or quasi-municipal corporation under
the direction and control of the Department of Public Utilities of the Commonwealth
of Massachusetts.
A.
An application for permit must be filed with the Town
of Orange before preliminary investigation will be made for permit issue.
Standard application forms for this permit may be obtained at the Town of
Orange Selectmen's Office. Each application form (two copies) shall be
completely filled out, signed and mailed or delivered to the Selectmen's
Office. An explanation of the application and sketch shall be made either
in the space provided on the application form or a separate sheet in duplicate,
which the shall attach to the application. Such diagrams or sketches shall
show the location of the work to be done in relation to the outstanding features
of the road, such as property lines, intersections, pavement lines, sidewalks,
trees, drainage structures, and utility poles by number, and the character
and extent of the work.
B.
The applicant will be required to disclose the methods
and materials proposed to be used on unusual or complex projects. In the event
the permittee discovers that additional work or repairs not designated in
the original permit must be done in the same location, the permittee must
make application to the Town of Orange for a permit to authorize the additional
work in the same manner as the first permit, and would pay only for the additional
permits.
C.
Neither the Commonwealth of Massachusetts nor the government
of the United States shall be exempt from the permit process, nor any other
departments of the Town of Orange other than the Highway and Water Departments.
D.
Plans and specifications. When applications are made
for permits involving work of major scope, complete plans and specifications
must be submitted in duplicate with the application. They should be detailed
so that the exact location of the various parts of the work, the risk or injury
to road users, and probability of damage to trees, highway structures, and
private property can be ascertained.
E.
Rejection of application. When it appears that the work
called for in an application would not conform to the Town regulations, or
cause substantial or needless damage to a highway, or create excessive disturbances
to traffic, or exceptionally dangerous conditions not commensurate with the
benefits to the applicant, the request for permit will be denied. The applicant
will be informed of such rejection and the reasons for the rejection. The
Highway Superintendent, or his designee, may refuse to issue a permit to any
person, company, or utility when, in his opinion, work performed under a permit
issued to the applicant has not been properly executed, or when said applicant
has failed to reimburse the Town for recoverable charges billed under terms
governing the previous permit. The rejection of an application can be appealed
to the Board of Selectmen for final decision.
F.
If, in the opinion of the Highway Superintendent, or
his designee, the opening of a roadway would result in a hazardous situation,
the application shall be amended to include installation of the utility by
jacking, boring or tunneling. This work shall be done only by a qualified
and experienced contractor.
A.
Prior to the issuance of the permit, the applicant shall
deposit with the Town a surety bond in an amount and form as shall be determined
by the Highway Superintendent, or his designee. The amount of the surety bond
shall be established separately for each permit in the event of the failure
of the permit holder to complete the work or make required repairs to restoration
for damages involving the work or encroachment authorized by the permit.
B.
The amount of bond shall be computed on the basis of
cost required to make proper restoration or repairs to the work performed.
Immediately upon approval of an application for permit, the Highway Superintendent
or designee shall advise the applicant as to the amount of bond required.
An annual blanket surety bond, acceptable to the Highway Superintendent or
designee, may be deposited to avoid the inconvenience and expense of obtaining
individual bonds for each permit requested.
C.
The bond shall be released to the permit holder upon
the expiration of the guarantee period. The guarantee period shall be for
a period of two years following completion of the work. During the guarantee
period the permittee shall be responsible for the restoration, repair, and
maintenance of his work.
An applicant for a permit to work within Town roads or lands shall furnish
to the Town, prior to the issuance of the permit, certificates of minimum
insurance, including automobile, property damage liability, bodily injury
liability, and worker's compensation insurance in the amounts determined
by the Highway Superintendent or his designee as shown below. Insurance coverage
shall be reviewed and updated periodically. These certificates shall contain
a provision that the insurance company will notify the certificate holder,
by registered mail, at least 15 days in advance of any cancellation or material
change. The Town of Orange must appear as the additional insured on the insurance
certificate. Failure to maintain prescribed insurance coverage will be cause
for cancellation after permit.
A.
Insurance when blasting is not required.
|
Workmen's Compensation
|
Statutory
| ||
|---|---|---|---|
|
Bodily Injury
|
Property Damage
| ||
|
Comprehensive automobile
|
$100,000
each person
|
$50,000
each occurrence
| |
|
Liability
|
$300,000
each occurrence
| ||
|
Comprehensive general liability, including blank contractual liability
and completed operations coverage
|
$300,000
each occurrence
|
$50,000
each occurrence
| |
B.
Should blasting be required, the limits, including automobile,
will be as follows:
|
Workmen's Compensation
|
Statutory
| ||
|---|---|---|---|
|
Bodily Injury
|
Property Damage
| ||
|
Comprehensive automobile
|
$500,000
each person
|
$500,000
each occurrence
| |
|
Liability
|
$1,000,000
each occurrence
| ||
|
Comprehensive general liability, including blank contractual liability
and completed operations coverage
|
$1,000,000
each occurrence
|
$500,000
each occurrence
| |
C.
Should blasting be required, all of the necessary permits
for the use of explosives shall be obtained from the Fire Chief.
Fees shall be as follows:
A.
Application: $50.
B.
Road opening. The fee for each permit will be $100 for
the first 100 square feet of road opening and $5 for each additional 10 square
feet or portion thereof.
D.
Erection of poles, tree trimming, others: to be set by the Highway
Superintendent or his designee, or the Tree Warden, if applicable and with
the final approval by the Board of Selectmen.
E.
The Orange Highway and Water Department shall be exempt from
the requirements of this section.
A.
A permit shall be issued:
(1)
After completion of all aspects of the application for
permits.
(2)
Upon receipt of a surety bond and insurance certificates
in the correct amounts.
(3)
Upon payment of fees as required by the Town Engineer
or Highway Superintendent.
(4)
The Highway Superintendent or designee has 10 working
days in which to respond to a permit application.
B.
A permit form must be signed by the Highway Superintendent
or his designee and the Board of Selectmen before it becomes valid. Approved
permits will be issued by the Highway Department after application for permits,
bond insurance, and fee have been received in good order. The permittee is
forbidden to commence work until the above-mentioned items have been complied
with and the permittee has notified the Highway Superintendent or his designee
at least 24 hours in advance of the exact date and hour he proposes to begin
work.
Nothing in this manual shall be construed to prevent the making of such
excavations as may be necessary for the preservation of life or property,
or for the location of trouble in conduit or pipe, or for making repairs,
provided that the person making such excavation shall apply to the Town for
such a permit on the first working day after such work is commenced. Before
any excavation work is started, the person or utility excavating must contact
all utilities and the Town for subsurface utility locations. Poor planning
is not an emergency.
Any aforementioned permit issued by the Town of Orange may be revoked
by the Highway Superintendent or his designee at any time by giving notice
to the permittee. Work shall cease unless or until the situation is resolved
to the satisfaction of the Highway Superintendent. The permittee may file
and appeal the decision to the Board of Selectmen, which may overrule the
decision of the Highway Superintendent and may reinstate the permit. All work
shall cease and the work area made safe and secure until a decision is made.
A fee of $75 will be charged for reinspection of a failed, permitted project.
A copy of the permit shall be at the job site at all times for inspection
by local police and Highway Department personnel. To be valid, the permit
must show the effective and expiration dates and must be signed by the Highway
Superintendent or his designee. This regulation will also apply to public
utilities and their subcontractors.
All required work shall be completed in a manner satisfactory to the
Town before the expiration date shown on the permit. In cases where permanent
repairs, such as loaming and seeding, must be made at a future date, the permit
holder shall request the Town for an extension of time to complete the work.
Extension of time may be granted upon written request by the permittee stating
the reason(s) for the request.
The applicant agrees, as a condition governing the issuance of a permit,
that he will hold harmless the Town of Orange, the Town Engineer or Highway
Superintendent, and his agents and employees, from any and all claims and
actions whatsoever arising from the experience of said permit.
The excavation work shall be performed and conducted so as not to interfere
with access to fire hydrants, fire stations, fire escapes, water gates, underground
vaults, valve-housing structures, traffic signal cables and boxes, and any
other vital areas of equipment as designated by the Town.
A.
Safety to traffic. It shall be the duty of the permittee
to make certain that the security of the traveling public is safeguarded and
their rights are not unreasonably curtailed. Unless specifically indicated
in the permit or authorized by the Highway Superintendent or his designee,
the Police Chief and Fire Chief, the traveled way shall not be obstructed.
The portions of the highway which are disturbed or which are used for storing
materials, or are otherwise unsafe for public travel, shall be adequately
protected at all times, to minimize the potential for accidents. Such areas
shall be marked at night by flares, lanterns, lights, flasher beacons, or
other warning devices approved by the Highway Superintendent or his designee.
When portions of the traveled way are made dangerous for the movement of vehicles
or pedestrians, a sufficient number of uniformed police officers, flagmen,
or traffic men shall be employed by the permittee to direct the traffic safely
through the areas. The Highway Superintendent, Police Chief, or Fire Chief
shall have the authority to limit the times during which work may take place.
B.
Detours.
(1)
When, in the opinion of the Highway Superintendent or
his designee, a Town road may be obstructed by the permit applicant's
proposed operations to such an extent as to unduly restrict vehicular traffic
or make hazardous its use, a parallel Town road bypass may be designated.
All expenses incurred by the permittee as a result of this bypass establishment,
use and restoration of said detour shall be the entire responsibility of the
permittee. The permittee shall submit for approval a plan of the layout to
the Highway Superintendent, Police Chief and Fire Chief for their approval
at least two working days prior to the expected detour, and notify them of
the expected time of the use of the detour. The permittee shall supply and
maintain such signs at his expense as may be necessary to clearly outline
the detour.
(2)
Prior to detouring traffic over a road bypass, an inspection
shall be made by the permittee and a representative of the Town to determine
the adequacy of the signs and structural condition of the road involved. A
second inspection shall be made by the same persons when the detour is terminated
so that there will be an agreement as to the extent of repairs, if any, to
be made by the permittee to restore the conditions equal to those existing
prior to the establishment of the detour.
C.
Protective measures and routing of traffic.
(1)
The permittee shall, in general, maintain safe crossing
for two lanes of vehicular traffic at all street intersections where possible,
and safe crossings for pedestrians at intervals of not more the 200 feet.
Adequate crossings shall be maintained for vehicles and pedestrians when an
excavation is made across any public street, alley, or sidewalk. If the street
is not wide enough to hold the excavated material without using part of the
adjacent sidewalk, a passageway at least 1/2 of the sidewalk width shall be
maintained along such sidewalk line. When an excavation on any major or minor
arterial takes up more than 1/3 of the roadway, and is to remain open overnight,
steel bridging of sufficient strength will be required to maintain a normal
traffic flow.
(2)
The permittee shall take appropriate measures to assure
that during the performance of the work, traffic conditions are as near normal
as possible and shall be maintained at all times so as to minimize inconvenience
to the occupants of the adjoining properties and to the general public.
(3)
When traffic conditions permit, the Highway Superintendent
or his designated representative, with the approval of the Police and Fire
Departments of the Town, may, with written approval (or by verbal approval
in cases of emergency), permit the closing of streets and alleys to all traffic
for a period of time prescribed by him, if in his opinion it is necessary.
The written approval of the Highway Superintendent or his designee may require
that the permittee give notification to various public agencies and to the
general public. In such cases, such written approval shall not be valid until
such notice is given. In cases of an emergency on weeknights, weekends, or
holidays, the facility owner having such emergency shall contract the Police
and Fire Departments before closing the street to traffic.
(4)
Warning signs shall be placed far enough in advance of
the construction operation to alert traffic within a public street. Cones
or other approved devices shall be placed to channel traffic in accordance
with the instructions of the Highway Superintendent, or designee after his
review of the proposed traffic control measures for the project. The placement,
shape, size and color of signs shall conform to the applicable sections of
the "Manual of Uniform Traffic Control Devices."
The permittee shall not interfere with any existing facility without
the written consent of the Town and the owner of the facility. If it becomes
necessary to relocate the existing facility, this shall be done by its owner.
No facility owned by the Town shall be moved to accommodate the permittee,
unless the cost of such work be borne entirely by the permittee. The cost
of moving privately owned facilities shall be similarly borne by the permittee
unless it makes other arrangements with the person owning the facility. The
permittee shall support and protect by the use of timbers, all pipes, conduits,
poles, wires, or other apparatus which may in any way be affected by the excavation
work, and do everything necessary to support, sustain, and protect them under,
over, along, or across said excavation work. The permittee shall secure approval
of the method of support and protection from the owner of the facility. In
case any of said pipes, conduits, poles, wires, or apparatus should be damaged,
and for this purpose, pipe coating or other encasement or devices are to be
considered as part of a substructure, the permittee shall promptly notify
the owner thereof. All damaged facilities shall be repaired by the agency
or person owning the facilities, and the expense of such repairs shall be
charged to the permittee. It is the intent of this section that the permittee
shall assume all liability for damage to facilities and injury to persons.
The only exception will be such instances where damage is exclusively due
to the negligence of the owning company. The Town shall not be made a party
to any action because of this section. The permittee shall inform himself
as to the existence and location of all underground facilities and protect
the same against damages; this shall include notifying "DIG-SAFE," the Orange
Water Department, the Orange Sewer Department and Orange Highway Department.
The permittee shall not remove, even temporarily, any trees or shrubs
which exist in the street area without first obtaining the consent of the
appropriate Town department or Town official having control of such property.
A.
All material excavated from trenches, and stockpiled
adjacent to the trench or in any street, shall be piled and maintained in
such a manner as not to endanger those working in the trench, pedestrians,
or users of the street, and so that as little inconvenience as possible is
caused to those using the street and adjoining properties. Whenever necessary,
in order to expedite the flow of traffic or to abate the dirt or dust nuisance,
toe boards or bins may be required by the Town to prevent the spreading of
dirt into traffic lanes. Where the confines of the area being excavated are
too narrow to permit the piling of excavated material beside the trench, the
Town shall have the authority to require that the permittee haul it to the
trench site at the time of backfilling. Stockpiles of excavated material shall
be so located, or suitable precautions taken, to insure that any erosion of
the material shall not result in siltation of the stormwater drainage system
or waterway. The permittee shall be liable for any flushing, cleaning or dredging
resulting from failure to comply with this provision.
B.
It shall be the permittee's responsibility to secure
the necessary permission and make all necessary arrangements for all required
storage and disposal sites.
A.
Breaking through pavement in street.
(1)
All excavation on paved street surfaces shall be precut
in a neat, straight line with a pavement breaker or saw.
(2)
Heavy-duty pavement breakers may be prohibited by the
Town when the use endangers existing substructures or other property.
(3)
Cutouts of the trench lines must be normal or parallel
to the trench line.
(4)
Pavement edges shall be trimmed to a vertical face and
neatly aligned with the center line of the trench.
(5)
Unstable pavement shall be removed over cave-ins and
over breaks, and the subgrade shall be treated as the main trench.
(6)
The permittee shall not be required to pay for repair
of pavement damage existing prior to the excavation unless his cut results
in small, floating sections that may be unstable, in which case the permittee
shall remove the unstable portion and the area shall be treated as part of
the excavation.
(7)
When three or more openings are made in sequence 15 feet
or less, center to center between each adjacent opening, the permittee shall
neatly cut and remove the area of pavement between these adjacent openings
and shall patch it all as one trench.
A.
Fine material (free from lumps, stones larger than three
inches in any diameter, and any frozen material selected from the spoil) shall
be thoroughly compacted around and under the substructure to the upper level
of Subsection M1.02.o of the Standard Specifications. Backfill material shall
be placed in lifts of eight to 10 inches and thoroughly compacted by approved
mechanical compactors. Within 24 inches of the subgrade of the pavement, backfill
shall be good, clean bank-run gravel conforming to Subsection M1.03.0 of the
Standard Specifications compacted in lifts of eight to 10 inches. The Town
may require soil tests to be furnished by a recognized soil testing laboratory
or registered professional engineer specializing in soil mechanics, when,
in its opinion, backfill for any excavation is not being adequately compacted.
In order for the resurfacing to be permitted, such tests must show that the
backfill materials meet the minimum requirements as prescribed by the Town.
All expense for such tests shall be borne entirely by the permittee.
B.
Flowable fill will be used as the Highway Superintendent
or designee feels it to be a proper alternative to backfilling with the same
excavated material.
A.
Temporary repairs. As soon as the excavation has been
backfilled and tamped, the pavement shall be replaced temporarily by the permittee.
The temporary pavement on paved roads shall consist of four inches of hot
laid bituminous concrete Type I when available at local batch plants, and
placed in accordance with the Department of Public Works specifications.
(1)
During winter months when hot bituminous plant mix is
not available, the temporary pavement shall consist of at least four inches
of cold patch or bag patch.
(2)
No traffic is to pass over an area in which an excavation
has been made until the temporary pavement has been placed.
(3)
In the event of unacceptable maintenance of temporary
repairs, the permittee will be notified of such situations.
(4)
Upon notification, the permittee will make required improvements
with in 24 hours before being billed for Town improvements. In emergency situations,
the Town will make immediate repairs and the permittee will be billed directly.
(5)
All temporary paving materials shall conform closely
to the level of the adjoining paved surface and shall be compacted so that
it is hard enough and smooth enough to be safe for pedestrian travel over
it, as well as for vehicular traffic to pass safely over it at a legal rate
of speed. The permittee shall maintain the temporary paving for a period of
no less than 90 days after backfilling is completed or as directed by the
Highway Department to conform with the scheduled traffic until the excavation
has been resurfaced with permanent paving.
B.
Permanent repairs. Upon completion of the backfilling
and temporary resurfacing of an excavation, the permittee will be required
to permanently resurface that portion of the street surface damaged by his
excavation. The permanent resurfacing shall be done in a manner and under
specifications prescribed by the Town, and shall be completed within a period
of 120 days from the date of the temporary patch or as directed by the Department
to conform with the schedule in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The maximum length of open trench permissible, at any time, shall be
200 feet, and no greater length shall be opened for pavement removal, excavation,
construction, backfilling, patching, or any other operation without the written
permission of the Town.
The approval of a permit application for driveway construction shall
be contingent on the following conditions:
A.
That the driveway opening shall be used strictly to provide
access to adjoining property and not for the property and not for the purpose
of parking or servicing vehicles within the Town right-of-way.
B.
The driveway shall be constructed in accordance with
generally accepted standard details for driveway openings and such changes
as may be necessary to fit a particular condition.
C.
Existing driveway openings fronting the property, and
which will be abandoned, shall be reconstructed to normal sidewalk and curb
cross section where such sidewalk and curb exists.
E.
The driveway within the limits of the Town right-of-way
shall slope towards the gutter unless otherwise specified by the Highway Superintendent.
F.
Drainage ditches or gutters shall not be altered or impeded
in any way. Where a driveway shall cross an open ditch, the applicant shall
provide suitable drainage structures as determined by the Town Engineer or
Highway Superintendent.
G.
When existing sidewalk or curbing has to be removed to
construct a driveway, such sidewalk or curbing shall be removed for its full
depth and to formed joints. The breaking and removal of parts of sidewalk
slabs or curbing will not be permitted.
A.
In the erection of pole lines, unless otherwise herein
provided, no trees located within the limits of the Town Highway shall be
cut or trimmed. No guy wires shall be attached to trees without authorization
from the Tree Warden, and in no event shall they be so attached as to girdle
the trees or in any way interfere with their growth. The wires shall be so
protected at all times and places that they shall not interfere with or injure
the trees, either inside or outside the location of the highway.
B.
Where the cutting or trimming of trees is authorized
by this permit, only such cutting and trimming shall be done as may be designated
by the Tree Warden at the expense of the permittee.
C.
In the construction or reconstruction of pole lines,
no guy wires shall be erected nearer to the surface of the ground than six
feet; provided, however, that the owners of such lines may maintain such guy
wires at a lower elevation than six feet from the ground until such time as
the Department shall notify them to remove said wires or to raise them to
the elevation first stated.
D.
In order to protect the trees through which any wires
may pass, said wires shall be insulated and such other tree guards used as
may be directed by the Tree Warden.
After an excavation has commenced, the permittee shall proceed with
diligence and expedite all excavation work covered by the excavation permit,
and shall promptly complete such work and restore the street as specified.
The permittee shall perform such restoration so as not to obstruct, impede,
or create a safety hazard to either pedestrian or vehicular traffic.
Each permittee shall conduct and carry out excavation work in such a
manner as to avoid unnecessary inconvenience and annoyance to the general
public and occupants of the neighboring property. The permittee shall take
appropriate measures to reduce, to the fullest extent practicable, noise,
dust, and unsightly debris between the hours of 5:00 p.m. and 6:00 a.m. He
shall not use, except with the express written permission of the Town or in
case of an emergency as herein otherwise provided, any tool, application,
or equipment producing noise of sufficient volume to disturb the sleep of
the residents in the vicinity.
A.
Any monument set for the purpose of locating or preserving
the lines of any street or property subdivision, or precise survey reference
point, or permanent survey benchmark within the Town, shall not be removed
or disturbed without first obtaining permission, in writing, from the Town
to do so.
B.
Permission to remove or disturb such monuments, reference
points, or benchmarks shall be granted only when no alternate route for the
proposed substructure or conduit is available. If the Town is satisfied that
no alternate route is available, permission shall be granted only upon condition,
by an agreement in writing, that the person or utility applying for such permission
shall pay all expenses incidental to the proper replacement of the monument
by the Town.
No person or utility shall remove, damage, haul away, or cause misalignment
of any granite curbing, including radius curb and catch basin stones, for
any reason whatsoever without first receiving written permission from the
Town. All granite curbs are the property of the Highway Department and must
be delivered to them.
Any person or utility damaging bituminous curbing during the course
of excavation or for any other reason shall be charged for the repair or replacement
of the bituminous curbing.
A.
No person or utility shall be granted a permit to excavate
or open any street or sidewalk from November 15 of each year to April 1 of
the next year unless an emergency or special condition exists and is so determined
by the Town Engineer or Highway Superintendent and permission is obtained,
in writing, from the Town. Any person or utility wishing to obtain an excavation
permit between the aforementioned dates shall first explain fully, in writing,
the nature of the emergency situation to the Town before permission is granted.
If a hazardous condition, which endangers life and/or property, exists, excavation
work shall not be delayed by this section of the regulations. However, a written
explanation shall be delivered to the Town as soon as possible and an excavation
permit obtained for the opening made.
B.
Nonemergency excavations between the above dates will
constitute an additional fee of $1,000.
The Town shall make such inspections as are reasonably necessary in
the enforcement of these regulations. The Town shall have the authority to
promulgate and cause to be enforced such rules and regulations as may be reasonably
necessary.
Whenever the Town has developed plans to reconstruct a street, the Town,
or its representative, shall give written notice to all abutting property
owners, to the Town departments and to all public utilities which have, or
may wish to lay, pipes, wires, or other facilities in or under the highway.
Upon receipt of such written notice, such person or utility shall have 60
days in which to install or lay any such facility. If an extension of time
is needed by a person or utility for the installation of such facilities,
the person or utility for the installation shall make written application
to the Town explaining fully the reasons for requesting such an extension
of time. At the expiration of the time fixed and after such street has been
reconstructed, no permit shall be granted to open such street for a period
of five years, unless an emergency condition exists or the necessity for making
such installation could not reasonably have been foreseen at the time such
notice was given. If a permit is granted, the Town may impose extraordinary
conditions on the permittee to preserve the structural condition of the pavement
and to blend the permanent patch with existing pavement.
A.
Any person, firm or corporation who violates any of the
regulations established under this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $25 and not more
than $500. Each day such violation continues shall constitute a separate offense.
B.
If the work, or any part thereof, mentioned in the preceding
sections shall be unskillfully or improperly done, the Town shall cause the
same to be skillfully and properly done, and shall keep an account of the
expense thereof; and, in such case, such person or utility shall pay the Town
an amount equal to the whole of said expense incurred by said Town, with an
additional amount of 50% to cover indirect costs. Thereafter, upon completion
of the work and the determination of the costs thereof, the Town shall issue
no further permits to any person or utility until it shall receive payment
of said costs. If a final inspection fails to meet standards, a reinspection
fee of $75 will be charged for each inspection, until the project is satisfactorily
completed. Only the Board of Selectmen will have the right to arbitrate this
fee.
C.
Any person or utility who continues to violate any regulation
shall receive no further permits until such time as the Town is satisfied
that the person or utility will comply with the terms of these regulations.
The Town of Orange reserves the right to waive any or all regulations
in the best interest of the Town on a case-by-case basis. All waivers shall
be approved in writing by Highway Superintendent or his designee, Police Chief,
and Fire Chief or Fire Warden
The effective date for enforcement of these regulations shall be Thursday,
July 1, 2004.
