[Adopted 4-24-1992 ATM, Art. 41]
These definitions are for the purposes of this
article only and shall have the following meanings indicated:
The person responsible and having charge of the maintenance
and repair of public ways in the Town of Sunderland.
A public or private way that is maintained by a public agency.
Any construction through a public way which will disturb
the surface of the way.
To provide for the orderly control and regulation
of road surface cuts within public ways by enforcing standards for
the repair of road surfaces affected by such actions.
Any person or entity doing work which requires
a road surface cut in a public way must first obtain a written permit
from the Highway Superintendent.
A.
The applicant seeking a road surface cut permit shall
make a written submission to the Highway Superintendent, including
three (3) copies of the application for a road surface cut permit
and a plan showing the following:
B.
The Highway Superintendent shall notify the applicant
making the application within twenty-one (21) days, in writing, indicating
the following:
C.
Once an approved application is issued, the Highway
Superintendent must be notified at least twenty-four (24) hours before
construction commences on any project which will disturb the surface
of any public way.
D.
If the Highway Superintendent takes no action within
twenty-one (21) days of the completed submission, the road surface
cut permit is automatically denied.
E.
The Highway Superintendent shall inspect the project
during and after construction and shall have the authority to halt
construction and/or prohibit access if construction is not in accordance
with the approved plan and this article, until objectionable conditions
are corrected.
F.
The Highway Superintendent shall sign off on the permits
after satisfactory completion of construction.
A.
Excavation.
(1)
When excavation is to be done within the limits of
a paved surface, the surface shall be cut to a straight and vertical
edge. Care shall be taken not to disturb or in any way damage the
surface beyond these edges. Any equipment working on the project which
may, in the opinion of the Highway Superintendent, damage the surface,
shall work or be propelled on suitable platforms to prevent any marking
or other damage to the roadway surface. Care shall be taken in stacking
excavated materials on the surface and not to mark or in any way damage
the roadway surface.
(2)
No surface will be approved, on roads having a bituminous
concrete surface, within five (5) years of new surfacing.
(3)
Excavation of other roads, not paved, shall be coordinated
in such a way as to prevent damages in the judgment of the Highway
Superintendent.
B.
Backfilling trenches. All roads shall be backfilled
and compacted in six-inch lifts to within one (1) foot of the surface.
The remaining foot shall be filled with gravel bank run or better,
with no stones larger than two and one-half (2 1/2) inches in
diameter, and brought to grade.
C.
Replacing surface. For paved roads, the permanent
surface shall not be replaced for at least sixty (60) days after the
above work has been completed. Following the completion of the work,
a temporary surface of bituminous patch shall be placed prior to placement
of the permanent surface. The permanent surface shall be replaced
no later than six (6) months after the work has been completed. The
gravel backfill shall be excavated to a depth of at least three (3)
inches. Three (3) inches of bituminous concrete, Type 1-1, shall be
placed and compacted in two layers of one and one-half (1 1/2)
inches for each layer, so that the finished surface shall be level
with the roadway surface. The person applying for the permit is responsible
for the work, which must meet the satisfaction of the Highway Superintendent.
D.
Cleanup. All ledge, boulders or other debris left
from construction shall be removed from within the roadway layout
by the contractor before the project is accepted by the town.
E.
Reimbursement to town. Any cost incurred by the town
having to repair work not conducted properly in accordance with this
article will be the liability of the permit holder and will be billed
accordingly.
F.
Insurance. Contractors shall furnish, to the satisfaction
of the town, a certificate of insurance showing adequate coverage
for the project being undertaken.
G.
Safety of the public during construction. Persons
securing a permit are responsible for ensuring the safety of the public
in the excavated area. Adequate safety and warning devices must be
placed at appropriate locations to warn and protect the motoring and
pedestrian public. Such devices should include reflectorized signs,
barricades and barrels along with lights. Any liability arising from
improper safeguards shall be borne by the person to whom the permit
was issued. The Town of Sunderland is not responsible for providing
devices for safety signage.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
If the road surface cut permit is denied, an
appeal may be made within twenty (20) days to the Selectboard. Said
appeal shall include the following:
The standards of this article may be waived for road surface cuts required for noncontinuous year-round uses such as agriculture, forestry and such other uses; however, such accessways will be subject to more general standards based on general safety considerations and the need for the protection of public ways. Any access from a public way which does not serve a building and is not used continuously on a year-round basis, such as access for agriculture, forestry and other uses, must apply for a permit under this article but may, in addition, apply for a waiver of the standards set forth in § 106-7.
