[Amended ATM 5-15-2002 by Art. 47]
A. No opening or obstruction shall be made in, nor, except as provided
in § 12.08.030, shall any material be placed on a public
way or a way under control of the Town, either by a department of
the Town or a private individual or corporation, unless a permit therefor
shall first be obtained from the Board of Selectmen or Director of
Public Works.
B. Before such permit is granted, an applicant, other than a Town department,
may be required to deposit cash or a certified check in a sum satisfactory
to the Board of Selectmen conditioned upon the faithful discharge
and performance of every duty and requirement imposed by statute,
bylaw of the Town or regulation of the Board of Selectmen applicable
thereto and upon conformance to all directions of the Director of
Public Works relating to the work to be done under such permit and
upon the payment of all expenses and damages incurred by the Town
or recovered from it by reason of or in connection with such occupation,
opening or work.
C. Each applicant for a permit to open a street shall deposit with the
Town Treasurer an amount prescribed by the Director of Public Works
as a condition to the issuing of the permit to cover the cost of resurfacing
after the opening has been closed; provided, however, that an applicant
may be excused from making such payment in advance when a satisfactory
guaranty is given.
D. Except as noted in Subsection
E, below, no permit shall be granted within the moratorium period specified below for any nonemergency excavation within the improved area. (NOTE: Emergency excavations for National Grid or other gas companies shall consist of evacuation to fix a "Grade 1" leak. For all others an "emergency" shall be defined as in Massachusetts' "Dig Safe" law, MGL c. 82, §§ 40 and 40A through 40E.)
[Added 8-11-2015 by Ord.
No. 15-033]
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Improvement
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Description
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Longitudinal Trench
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Transverse Trench (or Transverse Plus Longitudinal Totalling
Less Than 150 Feet)
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---|
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Reconstruction
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New pavement over repaired or replaced granular base1
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10 years
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5 years
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Mill and overlay
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New pavement over milled existing pavement
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10 years
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5 years
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Overlay
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1 inch plus full lane width overlay of existing pavement1
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10 years
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5 years
|
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Shim with microsurface, chip seal, cape seal, etc.
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Less than 1-inch full width surface treatment over paved shim
along middle area of road
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10 years
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5 years
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Microsurface, chip seal, cape seal, etc.
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Less than 1-inch full width surface treatment over existing
pavement
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10 years
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3 years
|
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Other treatments
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Not known at this time
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TBD2
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TBD2
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NOTES:
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1
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Includes improved sidewalks.
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2
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To be determined by the Town Council as cases arise.
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E. The Town Council may grant a petition of National Grid or another
gas company for a permit to excavate in an improved area under the
moratorium and may require such mitigation and repairs as it sees
fit, and it may require that surety be posted to secure the completion
of the required mitigation and repairs.
The Mayor may grant a petition of others for a permit to excavate
in an improved area under the moratorium for public-safety-related
concerns, and may require such mitigation and repairs as he sees fit,
and he may require that surety be posted to secure the completion
of the required mitigation and repairs.
The minimum mitigation and surface repair requirement that should
be expected for longitudinal excavation in an improved area in the
first seven years of the moratorium is for full-width curb-to-curb
milling and repaving for the full length of the excavation along the
road plus another 25 feet at each end. (NOTE: Length and/or width
of repair may be varied at intersections and in other special circumstances.)
The minimum mitigation and surface repair requirement that should
be expected for a) all transverse excavation or for b) longitudinal
excavation in the last three years of the moratorium is crown-to-curb
milling and repaving the extent of the excavation plus another five-foot
length each edge in the direction of traffic. (NOTE: Length and/or
width of repair may be varied at intersections and in other special
circumstances.)
All pavement markings shall be replaced in-kind. Curbs and sidewalks
must be repaired or replaced, each to the satisfaction of the Highway
Superintendent. Infrared treatment of seams may be required at the
discretion of the Highway Superintendent. [Added 8-11-2015 by
Ord. No. 15-033]
Any person excavating land or any person in charge of such excavation
and/or any owner of land which has been excavated shall erect barriers
or take other suitable measures to fence the excavation within two
days after such person has been notified, in writing, by the Board
of Selectmen or the Building Inspector that in its or his opinion
such excavation constitutes a hazard to public safety.
No person shall place or cause to be placed upon any sidewalk
any box, crate, barrel, refuse receptacle, package or any container
or other object so as to obstruct the same for more than one hour
or for more than 10 minutes after being notified by a constable, police
officer or Selectman to move it, unless a permit has been issued by
the Board of Selectmen authorizing such obstruction. Nothing in this
section shall prohibit the placing in suitable locations at the edge
of the street or sidewalk of suitable containers filled with rubbish
for disposition in connection with a duly authorized public rubbish
collection, provided that such container shall be reasonably removed
from the street or sidewalk after being emptied.