The Town Manager acting by virtue of the authority granted by Chapter 121, Licensing, Article II, of the Code of the Town of Barnstable hereby adopts and makes the rules and regulations governing excavation and construction within the layout of a public way or public place controlled and maintained by the Town of Barnstable.
While public ways are established and maintained for the purpose of
facilitating communication and safe and unrestricted travel of persons and
vehicles of various types from one place to another within the Town, property
owners and public utilities may be granted authority to utilize portions of
a public way for certain other bona fide purposes such as access to their
property and the installation and maintenance of utility services and related
appurtenances. The rules and regulation set forth herein establish controls
and standard procedures for permitted excavation, construction, and reconstruction
within the layout of public ways and other public places in order to prevent
unnecessary or unacceptable interference with their intended use and to protect
the significant investment made by the Town in improving and preserving public
property.
For the purpose of these rules and regulation, the words and phrases
used herein shall have the following meanings except in those instances where
the text clearly indicates a different meaning:
Any person, firm, partnership, association, corporation, company,
or organization of any kind, including public utilities, licensed to undertake
excavation, within the layout of a public way who applies for a permit to
excavate or in any way make a change to existing conditions within the layout
of a public way or in a public place within the Town.
Town of Barnstable Department of Public Works.
The Director of the Department of Public Works of the Town of Barnstable.
The Director may delegate from time to time certain duties described in these
rules and regulations to designees who will act on his behalf.
Engineering Division of the Town of Barnstable, Department of Public
Works.
Any opening in the surface within the layout of a public way or public
place within the Town made in any manner whatsoever, either planned or in
an emergency, or any disturbance of nonpaved areas to a depth greater than
one foot when done by means other than by hand digging except an opening in
a lawful structure below the surface of said locations the top of which is
flush with the adjoining surface and is so constructed as to permit frequent
openings without injury or damage to said locations.
The land encompassing a public way that has been laid out on a plan
showing the boundaries and measurements and accepted by the legislative body
of the Town or the county for purposes of easement of passage and dedicated
to public use or is otherwise recognized by the Town of Barnstable as being
a public way.
Any person, firm, partnership, association, corporation municipal
or private, company, or organization of any kind, including public utilities,
who or which is qualified and has appropriate equipment to do the type of
work described herein, and has been granted a license to do such work within
the Town by the Town of Barnstable Department of Public Works.
Any road, bike path or other hard surfaced area which has been newly
constructed, reconstructed, or sealed within the last five years preceding
the date of application for permit.
Any person, firm, partnership, association, corporation, company,
or organization of any kind, including public utilities, who or which has
been granted a permit to undertake excavation or in any way disturb existing
conditions within the layout of a public way or in a public place within the
Town.
Any parking lot, park, square, traffic circle, recreation facility,
plaza, or any other property, other than as defined as a public way, owned
or controlled by the Town and dedicated to public use.
Any highway, street, road, land, sidewalk, bike path, rotary or traffic
island within the layout of a way accepted by the legislative body of the
Town or of Barnstable County for easement of passage and dedicated to public
use or is otherwise recognized by Town of Barnstable as being a public way.
Any private company or corporation, quasi-municipal corporation,
or municipal organization that provides electric, water, gas, telephone, sewer,
natural gas, or cable television.
Any pipe, pipeline, sleeve, tube, main, conduit, tunnel, duct, service,
trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire,
tower, pole, guy wire, pole line anchor, cable, wire, junction box, and/or
any other material, structure, or object of any kind or character, whether
enumerated herein or not, which is or may be lawfully constructed, left placed,
or maintained in, upon, along, across, or under any public way or public place.
The Town of Barnstable.
The chief administrative officer of the Town of Barnstable. The Town
manager may delegate from time to time certain duties described in these rules
and regulations to designees who will act on his/her behalf.
Monday through Friday, exclusive of legal holidays, between the hours
of 7:00 a.m. and 4:00 p.m.
A.
All construction and/or installation operations within
the limits of Town roads and rights-of-way require a permit signed by the
Director before any work can be performed, including but not limited to the
following types operations:
(1)
To construct repair, install, and/or maintain sanitary
sewers, storm drains, water mains and appurtenance, or direct buried cables,
gas mains, telephone and electrical cables or conduits and service connections
thereto, roadways, driveways, pavement extensions, manholes, inlets, catch
basins, fire hydrants, sidewalks, curbs or steps.
(2)
To erect and maintain poles, wire, guys, cables, and
other overhead structures where excavation is required in a public place.
(3)
Any other construction operations, other than Town-contracted
projects, which may cause abnormal wear to or deface or damage existing structures,
pavement, curbs, sidewalks bike paths, or vegetation areas.
B.
The issuance of a permit to an applicant to perform any
of the above operations does not relieve the applicant in any way from complying
with rules, regulation, laws, and acts or other local, regional, state or
federal departments or agencies.
C.
applicants, if not the licensed contractor intending
to do the work, shall identify on the permit application the name of the contractor
or subcontractor who would do the work. No permittee, contractor, or subcontractor
shall perform work unless it is licensed to do so by the Engineering Division
and has an up-to-date performance bond on file with the Town.
