Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[Adopted 5-4-1996 ATM by Art. 35 (Ch. XXXIX of the 1934 Bylaws); amended in its entirety 10-29-2008 STM by Art. 11]
A. 
No person shall engage in the construction, upgrade or extension of any driveway or sidewalk, which is, in whole or in part, in the layout of a public way, who is not licensed to perform such work by the Board of Public Works; and no person shall perform or allow another to perform such work, without first obtaining a permit from the Board of Public Works or its designee. The Board of Public Works shall annually license contractors to perform such work, providing they have the demonstrated capacity and knowledge of proper construction methods for driveways and sidewalks, as determined by the BPW. Permits shall be issued for a period of not more than six months but may be renewed upon written request and approval.
B. 
Permits will be issued jointly to the property owner and the contractor, both of whom will be responsible for compliance with rules, regulations and permit conditions. The Board of Public Works shall issue a permit as soon as practical following receipt of a completed application, or shall render a decision in writing, specifying the reasons for denial of said permit. A permit denial shall be based upon consideration of public safety or the protection of private and public property, using the design standards adopted pursuant to § 169-19.
C. 
The Board of Public Works shall report to the Building Department the name of any person determined to have been in violation of this Part 4 two or more times in the 12 months prior to such report. The Building Department shall establish a procedure requiring the applicant for a building permit to certify that no part of the work which is the subject of the building permit application will be performed by a person who has been so reported by the Superintendent.
The application for a permit shall be accompanied by a plan of the proposed driveway or sidewalk showing its layout, finish grades, material and construction techniques and sufficient crosscut views to detail the underlayment and any variations in underlayment through the layout and by a certificate showing that the applicant is bonded and insured to protect the interests of the Town in its public ways.
The Superintendent of Public Works may request any other information or documentation that he deems necessary to make a decision based upon the design standards enacted pursuant to § 169-19.
The following shall be violations of this Part 4:
A. 
Construction of a driveway or sidewalk in a public way without a permit or by an unlicensed contractor.
B. 
Removal of Town curbing without a permit.
C. 
Removal of Town sidewalk without a permit.
D. 
Construction not in compliance with the permitted plan.
E. 
Failure to return to the Board of Public Works granite curbing and granite blocks removed from the site.
F. 
Failure to install protective safety barriers.
G. 
Failure to provide temporary paving the same day as the excavation.
H. 
Failure to call the BPW at least 48 hours in advance to schedule inspection of construction work.
I. 
Failure to post signs as required by the BPW.
Any person who violates any provision of this Part 4 shall be subject to a fine of $100 for each offense, except the performing or allowing the performance of work without a permit or by an unlicensed contractor, for which the fine shall be $300 for each offense. Each day the violation exists shall constitute a separate offense until a faithful restoration of the public way to its former condition is completed or unless otherwise agreed to by the Board of Public Works or its designee. Fines shall be applicable to both the property owner and the contractor, as determined by the Board of Public Works. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with § 21D of Chapter 40 of the General Laws. The Board may also revoke the license of permitted contractors found in violation of this Part 4, according to its rules and regulations.
The Board of Public Works may impose reasonable restrictions, requirements, rules, regulations, conditions, size and opening limits, or standards (collectively "design standards") for the construction of a driveway.