[HISTORY: Adopted by the Town Council of the Town of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 139.
ATTACHMENTS
155a Dept of Public Works Permit for Exc
[Adopted 11-2-1983 by Bylaw Amendment 83-43; amended 2-20-1985]
[Amended 7-8-1998 by Bylaw Amendment 98-377; 5-7-2003 by Bylaw Amendment 03-513]
A. 
No work including excavations, improvements, or alterations of any kind shall be performed within the right-of-way of the Town of Franklin without a permit issued by the Department of Public Works. This includes excavations for utility lines and improvements of any kind. All work shall be performed in accordance with this article and DPW regulations.
B. 
Prior to digging within any public way in the Town of Franklin, an excavation permit[1] must be obtained from the Franklin Department of Public Works (DPW). The Franklin Police Department and DIG SAFE must be notified, in writing, at least 72 hours prior to excavating. In the event of an emergency excavation, DIG SAFE, the DPW and the Police Department shall be verbally notified at the time, and the written DPW permit shall be applied for no later than 48 hours after the work is completed.
[1]
Editor's Note: The permit for excavation is included at the end of this chapter.
[Added 6-6-1990 by Bylaw Amendment 90-184; amended 8-4-1993 by Bylaw Amendment 93-242]
The Town of Franklin shall require an excavation permit fee.
[Added 8-4-1993 by Bylaw Amendment 93-242; amended 3-28-2007 by Bylaw Amendment 07-601]
When a full depth reconstruction of a public street has been performed, street openings will not be permitted for a period of five years following completion of the work, provided that abutting property owners shall be notified in writing by certified mail, return receipt requested, at least 60 days prior to commencement of the work. This prohibition may be waived by the DPW Director for good cause as he shall determine or in case of a Town-mandated public sewer or water system hook-up.
[Added 5-7-2003 by Bylaw Amendment 03-513]
All contractors must be licensed by the Franklin Department of Public Works to perform work within the right-of-way. The contractor shall demonstrate qualifications and availability of equipment necessary to perform the intended work. There will be no charge for this license.
[Amended 6-6-1990 by Bylaw Amendment 90-184; 5-7-2003 by Bylaw Amendment 03-513]
A. 
To guarantee proper replacement of the excavated surface, applicants for excavation permits shall be required to post a cash deposit based upon the estimated cost of permanent surface repairs in accordance with the following schedule:
(1) 
Bituminous concrete streets/sidewalks: $200 per square yard.
(2) 
Bituminous concrete berm: $20 per linear foot.
(3) 
Slant granite curbing (remove and reset): $30 per linear foot.
(4) 
Vertical granite curbing (remove and reset): $50 per linear foot.
(5) 
Grass plot: $20 per square yard.
(6) 
Gravel shoulders: $15 per square yard.
(7) 
Cement concrete sidewalks: $100 per square yard.
(8) 
Borings, probes and test holes of a six-inch or less diameter: $15 per boring, probe or test hole.
B. 
The deposit is to be determined by the DPW Director. A minimum of $500 shall be attached to the permit application. Town of Franklin operating departments shall be exempt from the permit fee. The contractor shall provide a cash deposit based on the amount and type of disturbance in the right-of-way as determined by the DPW Director. The minimum deposit will be $500 If the deposit exceeds $10,000 then an insurance bond or other suitable means of surety with a minimum two-year expiration date can provide the remainder. Utility companies anticipating multiple street openings can provide a yearly insurance bond in an amount based on the anticipated work.
[Amended 5-7-2003 by Bylaw Amendment 03-513]
No blasting will be permitted within an excavation except by permit issued by the Franklin Fire Department and as approved by the DPW Director.
[Amended 8-4-1993 by Bylaw Amendment 93-242; 5-7-2003 by Bylaw Amendment 03-513]
The applicant will be responsible for the cost of inspection services for larger projects that require more than eight hours of field inspection.
The applicant is responsible for protection of all private property, the roadway and all underground structures. Restoration of all existing property which is damaged or disturbed by the contractor must be performed as soon as is practical following excavation.
Backhoes and loaders working on roadway surfaces must be equipped with rubber tires and rubber pads on the outriggers (stabilizers).
[Amended 5-7-2003 by Bylaw Amendment 03-513]
At least one lane of traffic shall be kept open at all times, and no material or equipment shall be left on the road surface overnight, unless otherwise specified by the Town of Franklin Police Department and DPW Director.
[Amended 5-7-2003 by Bylaw Amendment 03-513]
A. 
No trench shall be left open overnight. All roadway trenches must be covered with a temporary bituminous patch at the end of each workday.
B. 
Steel plates of sufficient strength for vehicular and pedestrian traffic shall be employed to cover trench areas when so directed by the DPW Director. Steel plates shall be pinned and ramped.
The applicant shall supply all necessary signs, lights, cones, barricades and uniformed traffic police officers as determined by the Franklin Police Department and the DPW.
A. 
The applicant, when opening a trench in a bituminous concrete surface, will use a pavement breaker, cutting wheel or saw to ensure that the edges of the trench are cut in straight lines.
B. 
Trench excavations shall comply with OSHA Technical Manual, Section V, Chapter 2.
[Added 5-7-2003 by Bylaw Amendment 03-513]
C. 
Excess trench excavation material is the property of the contractor and shall be legally disposed off site.
[Added 5-7-2003 by Bylaw Amendment 03-513]
[Amended 6-6-1990 by Bylaw Amendment 90-184; 5-7-2003 by Bylaw Amendment 03-513]
A. 
The methods used to backfill trenches will depend on the trench depth, trench width, location, traffic volume and condition of the street and time of year. The contractor shall identify the proposed backfilling method and equipment and materials to be used.
B. 
Utility lines shall be hand backfilled and compacted to six inches above the top of pipe to ensure that the pipe is not damaged, that a firm and even bearing is maintained around the pipe and all voids are eliminated.
C. 
Trenches shall be backfilled using one of the following two options.
(1) 
Conventional backfill and compaction: The trench shall be backfilled in its not exceeding 12 inches in depth before compaction. Each layer of fill shall be compacted to a minimum of ninety-five-percent density by means of an approved vibratory roller, mechanical hoe-packs, or plate compactors of sufficient capacity to compact the soil. Backfill material shall be bank-run or processed gravel or it may be the excavated material, if suitable. Excavated material shall meet Massachusetts Highway Specification M1.03.0, Type A with no more than 10% passing a No. 200 sieve. Backfill must be free of mud, frozen earth, stones exceeding six inches in diameter or other objectionable materials. If native material is used, the trench shall be backfilled to a depth of 24 inches below the adjacent existing load surface. Twenty-one inches of crushed bank gravel shall be next placed and compacted, bringing the prepared trench surface to within three inches of the existing adjacent pavement. Any depression or uneven area shall be regraded and recompacted until the surface is smooth, hard and parallel to the adjacent existing surfaces. If a trench is not backfilled properly, then the DPW Director will require that the trench be reexcavated and properly compacted.
(2) 
Controlled density fill flowable fill): The trench shall be backfilled to the base of the new pavement level with control density fill (flowable fill), Type 2E (excavatable) in accordance with Massachusetts Highway Specification M4.08.0. The flowable fill shall not contain fly ash. Steel road plates shall be installed for 24 hours or until the flowable fill has sufficiently hardened to allow the temporary patch. Utility pipes shall be backfilled for at least six inches all around with granular material prior to installation of the controlled density fill.
A. 
The applicant shall install a two-inch thick temporary hot-mix patch, which is to remain in place for a minimum of 60 days and a maximum of 90 days.
B. 
The applicant must maintain the temporary patch bump free for the duration of its life.
A. 
Between 60 and 90 days of the trench excavation, the contractor shall install a permanent pavement patch. Prior to the placement of the permanent patch, the edges of the pavement shall be recut to straight lines with a saw. The edges of the cut pavement shall be brushed with an asphaltic emulsion. The permanent pavement patch shall match the existing pavement depth and shall consist of a minimum of two inches of bituminous binder (after compaction) and two inches of compacted Type I top coat compacted with a three-ton minimum roller. The permanent bituminous surfacing must be butted to the cut pavement edges, and the top surface shall be level with the adjacent pavement. All butted seams shall be sealed with an asphaltic emulsion and covered with sand.
[Amended 6-6-1990 by Bylaw Amendment 90-184; 5-7-2003 by Bylaw Amendment 03-513]
B. 
When an excavation is made in any roadway which has received a bituminous concrete overlay within the past five years, the permanent patch shall be installed using an infrared heater.
C. 
No permanent bituminous concrete surfacing shall be placed during the period of November 15 through April 15 unless specifically authorized in writing by the DPW Director. If a permanent patch is called for to conform to § 155-12A, the trench shall be allowed to winter over, and the permanent patch shall be installed no later than May 15 next following.
[Amended 5-7-2003 by Bylaw Amendment 03-513]
The applicant shall guarantee the integrity of the trench for 12 months from the time it is permanently resurfaced. The applicant shall make all repairs during the guaranty period caused by settling, heaving or cracking. Before the deposit is released, the DPW will inspect each trench. The DPW will provide a letter of release and return the bond funds when the trench is satisfactory and at the end of the guaranty period.
[Amended 6-6-1990 by Bylaw Amendment 90-184; 5-7-2003 by Bylaw Amendment 03-513]
If the applicant does any work contrary to these regulations and, after being notified, fails to correct such work, the Franklin DPW may seize the bond and/or cash deposit to correct or complete such work, and the applicant shall be liable for all costs incurred. The DPW Director will suspend or revoke the applicant's excavation license in the event 321 substandard work that is not corrected within 30 days of notification, unless other arrangements have been made.
If the DPW has made repairs during the guaranty period, the cost of said repairs shall be deducted from the deposit, and the balance then returned to the applicant.
All borings, probes, test holes, etc., made in the Town's roadways must be filled the same day in a manner satisfactory to the DPW Director.
The Town of Franklin reserves the right to waive any of the provisions of this article if found to conflict with federal or state laws or conditions of grant approval.
[Amended 6-6-1990 by Bylaw Amendment 90-184; 5-7-2003 by Bylaw Amendment 03-513]
Penalty for the violation of this article shall be $300 for each day such violation continues, and the owner and/or applicant will no longer be allowed to excavate in a public way.
[Added 3-28-2007 by Bylaw Amendment 07-601]
Violations of any section or provision of this chapter shall be enforced by the Franklin Police Department or the Director of Public Works or his designee.
[Adopted 5-2-2007 by Bylaw Amendment 07-603; amended in its entirety 3-14-2018 by Bylaw Amendment 18-798R]
No person shall plow, push, deposit, throw or pile snow or ice into or across any public street, sidewalk or property nor direct nor cause the same to be done unless in the employ of the Town.
No person shall rake, blow, deposit, throw or pile leaves or yard waste into or across any public street, sidewalk or property nor cause the same to be done unless in the employ of the Town.
No person shall cause or permit any truck or other vehicle or equipment to push, drop, track, or otherwise deposit any soil, gravel or other debris into any public roadway or onto any public roadway surface from a construction or other worksite, unless in the employ of the Town. If a prohibited deposit occurs, the person causing or otherwise responsible for it shall immediately report same to the Franklin Public Works Director and shall conduct a clean-up under the Director's supervision and to the Director's satisfaction, at no expense to the Town; if the person fails to do so, the Department of Public Works may do so and recover all costs from the person causing or otherwise responsible for the prohibited deposit. "Otherwise responsible " person shall include owner(s) and/or developer(s) of the property which the Town determines to be the source of the prohibited deposit of soil, gravel or debris.
No person shall discharge or direct stormwater surface run-off or groundwater by means of a pipe, pump, trench, or other means into or across any public street, sidewalk or property nor cause the same to be done, unless in the employ of the Town or prior written permission has been received from the Director of Public Works or his designee.
A. 
A violation of § 155-21, 155-22, 155-23 or 155-24 may be punished by a fine of up to $300; for purposes of noncriminal disposition, fines for violations shall be assessed as follows:
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third and subsequent offense(s): $300.
B. 
Each day that any prohibited deposit remains shall be considered a separate offense. In addition, if a prohibited deposit occurs in violation of § 155-23, failure to report and /or clean-up as provided shall each be considered an additional and separate offense from the prohibited deposit; the Town may impose a fine or fines in addition to recovering its clean-up costs.
Violations of any section contained in this article shall be enforced by the Franklin Police Department or the Director of Public Works or his designee.