[Adopted 2-25-2008]
In accordance with and under the authority of RSA 41:11 and
RSA 47:17, VII and VIII, authorizing the Board of Selectmen to regulate
work in public ways and places in the Town of Hampton, the following
article is enacted.
It is the express intent and purpose of this article, and the
specifications it contains, to strictly regulate any work within the
confines of a public way or place, including but not limited to work
on public sidewalks, streets, roads, boulevards, places, walkways,
and ways, whether or not such public ways and places are located on
easements, and to regulate and specify particulars with respect to
any excavation, digging, construction, reconstruction or the discharge
of water through a conduit on a way within the places before mentioned,
to protect the public interest and welfare and to promote the public
safety.
The following words shall have the meaning as shown below:
The Board of Selectmen of the Town of Hampton, New Hampshire.
The Public Works Director of the Town of Hampton, or an authorized
representative, such representative acting within the scope of the
particular duties entrusted to him.
Any person or persons, firm, partnership, association, society,
corporation, company, or organization of any kind.
Any way or place which, by law, is open to the movement of
the general public without restriction, is maintained, owned or granted
by easement to the Town of Hampton, and/or as defined in RSA 259:125
and amendments thereto under the definition of the word "way."
A.
No person shall make any excavation, perform any construction, erect
any pole, sign, signal device or other appliances of any kind or description
or perform any work of any kind or description in, over, under or
through a public way or place, including the marking or cutting of
trees, the extension or renewal of lines, poles, abutments, or conduits,
the placing of hydrants, shutoffs, gates, valves, or pipes of any
kind, the placement of tracks, ties, or other railroad equipment,
the construction of tunnels, basins, wells, sewers, or drains, the
erection or construction of a building of any kind or description,
the placement or removal of signs, the discharging of water through
a conduit onto a public way or place, or the placement of any object
of any kind or description, without first obtaining a permit to do
so from the Director, except as otherwise provided by law or this
article.
B.
Nothing contained in this article shall be taken to prevent any person,
municipal agency or department, utility, or county, state or federal
agency from performing any duty imposed upon said person, utility
or governmental body by law.
C.
Permits must be kept on the job site during the progress of the work
for which the permit was issued and must be shown, upon request, to
authorized Town personnel.
D.
The suspension, revocation or modification of an existing permit
shall not entitle the person issued such permit to a refund of all
or any portion of the fee, if any such fee has been collected for
the issuance of such a permit.
E.
No permit shall be issued to any applicant who intends to penetrate
the ground until such applicant complies with the requirements of
RSA 374:51 and RSA 374:55 by obtaining a Dig Safe authorization and
number at least 72 hours prior to the commencement of excavation or
penetration. Each applicant certifies that he/she has called and secured
a legally issued Dig Safe number that is listed on the application
before signing the Town's permit application. Dig Safe may be reached
at 1-800-225-4977. Additional underground location clearance of utilities
not listed with Dig Safe must be obtained as well; use the following
numbers for clearances in addition to Dig Safe:
|
Dig Safe 1-800-225-4977
|
|
Dig Safe System, Inc. 1-888-344-7233
|
|
Aquarion Water Company 603-926-3319
|
|
Unitil Corporation 1-800-582-7276
|
|
Verizon Communications 1-800-344-7233
|
|
Comcast Cable 1-800-266-2278
|
|
Northern Utilities (Gas) 603-436-0310
|
|
Town of Hampton Fire Department 603-926-3316
|
|
Town of Hampton Sewer Department 603-926-4402
|
|
Town of Hampton Public Works Department 603-926-4402
|
The Board or the Director may at any time cancel, suspend, revoke,
or modify permits issued hereunder for cause. Cancellation of any
required insurance endorsement or security automatically cancels issued
permits.
Before a permit, as herein provided, is issued, the applicant
shall file with the Board or Director an insurance certificate and
security acceptable to the Town and in accordance with this article.
Before a person is issued a permit, the following requirements
regarding the filing of plans must be met in full:
A.
Residents requesting a permit for work on the frontage of their own
property, provided that all the work is performed only by the resident,
shall provide a sketch indicating the area of work, the type of work
contemplated and its effect on the public way or place.
B.
All other persons requesting a permit for work shall provide detailed
engineering plans and specifications satisfactory to the Director
before a permit will be issued.
A.
Work shall start as near as possible to the starting date specified
in the permit. A seventy-two-hour notice to the Director and the Police
and Fire Departments before starting work is required. The permittee
shall notify the Director and the Police and Fire Departments 72 hours
in advance of the start of work in critical areas.
B.
Critical areas are considered to be street intersections, arterial
routes, streets within the Route 1, Route 1A, Route 101, Route 27
and business areas and streets that must be closed to perform the
work requested in the permit. All permits shall expire on November
1 of each year unless the Town or a utility company has scheduled
work in the permit area, in which case the permit shall expire seven
days before the scheduled Town or utility work is to commence.
C.
The applicant must notify the Hampton Police Department at least
seven days prior to the commencement of any work to coordinate the
required needs for traffic control.
If in the judgment of the Director traffic conditions, the safety
or convenience of the traveling public, or the public interest and
welfare require that the work specified in the permit be performed
as emergency work, the Director shall have full power to order that
a crew of workers and adequate facilities be employed by the permittee
16 hours a day to the end that such permitted work may be completed
as soon as possible.
A.
Nothing in this article shall be construed to prevent the making
of excavations as may be necessary for the preservation of life or
property or for the location of trouble in conduit or pipes, or for
making repairs, provided that the person making such excavation shall
apply to the Director for a permit on the first working day after
such work commenced.
B.
The person engaged in emergency work under this section shall notify
the Director, the Police and Fire Departments, and all public utilities
prior to the start of the emergency work.
A.
The permittee shall take all appropriate measures to assure that
during the performance of the work, so far as practicable, normal
traffic conditions shall be maintained at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
properties and to the general public, provided that the Director may
permit the closing of streets and walks to all traffic for a period
of time as prescribed by him if in his opinion it is necessary.
B.
The permittee shall, through the Police Department, provide a policeman
or policemen to maintain traffic control and public safety of the
project. The number of police officers to be assigned to the project
will be determined by the Chief of Police or his designated representative.
The cost of police protection is to be borne by the permittee.
C.
Warning signs, lights, and such other precautions as may be necessary
for the purpose, unless specified by the Director, shall conform to
the requirements and practices of the New Hampshire Department of
Transportation for their use in the performance of work upon public
streets, places or ways.
A.
The permitted work shall be performed and conducted so as not to
interfere with access to private property and businesses, fire hydrants,
fire stations, police stations, public buildings, fire escapes, water
gates, underground vaults, catch basins, and all other vital equipment,
facilities or places as designated by the Director.
B.
Trees are considered structures for the purposes of this article.
Shade trees, public or private, shall not be removed, cut down, trimmed
or otherwise injured. Where excavation is permitted or required near
shade trees and the root system is entered, the contractor or permittee
will clean cut the individual major roots and treat them with tree
paint to protect the tree. If trees should die within three years
of construction the contractor or permittee shall be required to replace
the deceased tree.
A.
The permittee shall maintain safe crossings for two lanes of vehicle
traffic at all way intersections where possible and safe crossings
for pedestrians at intervals of not more than 300 feet. If any excavation
is made across the public way or place, it shall be made in sections
to assure maximum safe crossing for vehicles and pedestrians. If the
public way or place is not wide enough to hold excavated material
for part-time storage, the materials shall be immediately removed
from the location for off-site storage and return if permitted by
the Director.
B.
A minimum of one lane of traffic (11 feet wide) must be provided
during all active work. Access shall be provided to all property at
night and on weekends and all places of business during normal business
hours, so far as practicable. Two-way traffic must be provided after
normal daily construction hours.
The permittee shall give notice to all public utilities engaged
in business within the Town before making any excavation. All of the
legal requirements of the Dig Safe Act must be followed by the permittee.
Failure to obtain a Dig Safe number and to provide the same to the
Director before the commencement of any excavation or earth penetration
work will automatically cancel the issued permit.
The permittee shall not interfere with any existing utility
without the written consent of the Director and the owner of the utility.
If it becomes necessary to relocate an existing utility, this shall
be done by its owner and the cost shall be borne by the permittee.
The permittee shall inform himself as to the existence and location
of all underground utilities and protect the same against damage.
The permittee shall adequately support and protect by timbers or otherwise
all poles, pipes, conduits, wires, or other apparatus which may be
in any way affected by the excavation work and do everything necessary
to support, sustain and protect it under, over, along, across or through
such work area. In the event that any said pipes, conduits, poles,
wires or apparatus shall be damaged, and for this purpose pipe coating
and other encasements or devices are to be considered as a part of
the structure itself, such damage shall be repaired by the agency
or person owning it and the expense of such repairs shall be borne
by the permittee. The permittee shall be responsible for any damage
done to any public or private property by reason of the breaking of
any water pipe, sewer, gas pipe, electric conduit, any wire or other
utility.
The permittee shall at all times and at his own expense preserve
and protect from injury any adjoining property by providing proper
foundations and by taking such other precautions as may be necessary
for the purpose. The permittee shall, at his own expense, shore up
and protect all buildings, walls, fences or other property likely
to be damaged during the progress of the excavation work and shall
be responsible for all damage to public and private property or highways
resulting from his failure to properly protect and carry out said
work. The permittee shall not remove, even temporarily, any trees
or shrubs which exist in planting strip areas without first obtaining
the written consent of the Director.
A.
It shall be the duty of every person cutting or making an excavation or performing any work in any public way to place such barriers and warning devices as conform to Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) for the entire work zone. All work zones shall be established and conform to all MUTCD requirements and specifications.
B.
All traffic control devices, such as signs, lighting devices, canalizing
devices and pavement markings, shall be in compliance with MUTCD requirements
and specifications.
All material excavated from trenches or excavations shall be
removed from the site of the work, except in such cases where the
material is suitable for and permission has been granted by the Director
to use it for the backfill. All spoils material is owned by the contractor,
who shall be responsible for its proper disposal.
Construction materials on the site shall be limited in quantity
and space occupied so as not to block or unduly hinder the use of
the public way or place.
As the excavation work progresses, all ways and places shall
be thoroughly cleaned of all rubbish, excess earth, mud, rock and
other debris. The permittee shall take necessary precautions to prevent
and avoid dust and to keep the ways and places clean each day. All
cleanup operations shall be accomplished at the expense of the permittee
and shall be carried out to the satisfaction of the Director.
A.
The permittee shall maintain all gutters free and unobstructed for
the full depth of the adjacent edge of the road and way and for at
least one foot in width from the face of the road or way. Catch basins
shall be kept clean and serviceable.
B.
The permittee shall make provisions to take care of surplus water,
muck, silt, slickings, or other runoff pumped or removed from excavations
and shall be responsible for any damage resulting from his failure
to so provide.
C.
A permit under Municipal Stormwater Drainage System Rules and Regulations
is required for any discharge to the Town drain system.
A.
Each permittee shall conduct and carry out excavation work in such
manner as to avoid unnecessary inconvenience and annoyance to the
general public and occupants of neighboring property.
B.
During the hours from 7:00 p.m. to 7:00 a.m., Monday through Friday,
and 5:00 p.m. to 9:00 a.m. on weekends or holidays the permittee shall
not use, except with the express written permission of the Director,
or in case of emergency as herein otherwise provided, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
or the repose of occupants of the neighboring properties.
C.
Normal hours of operation shall be between 7:00AM and 7:00PM Monday
through Friday and between 9AM and 5PM on any weekend or any holiday,
except with the express written permission of the Director.
[Amended 5-9-2016]
D.
All blasting
shall be done between the hours of 8:00 a.m. and 3:00 p.m., Monday
through Friday with a permit issued by the Fire Chief and the written
consent of the Director.
A.
The maximum length of open trench at any one time shall be 200 feet
measured longitudinally, except with special permission or as specified
by the Director, and no greater width than 25 feet shall be open for
pavement removal, excavation, construction, backfilling, patching
and other operations without the written permission of the Director.
B.
No opening or excavation in any street or place shall be extended
beyond the center line of the paved portion of the street before being
backfilled, compacted and the surface of the street made passable
to traffic.
After an excavation has commenced, the permittee shall prosecute
with diligence and expedition all excavation work covered by the excavation
permit and shall promptly complete such work and restore the way to
its original condition, or as near as may be, so as not to obstruct
the way for travel thereon more than is reasonably necessary.
A.
The use of hydro-hammers or heavy-duty pavement breakers for breaking
through pavement is prohibited on all streets unless written permission
is granted by the Director after due consideration of the location,
the condition of the street and the depth of saw cutting required
ahead of the use of the hammer. In general, the use of hydro-hammers
or heavy-duty pavement breakers is to be restricted.
B.
Approved saw cutting of bituminous pavement surfaces ahead of excavations
is required to confine pavement damage to the limits of the trench.
C.
Sections of sidewalks shall be removed to the nearest score line
or approved saw cut edge.
D.
Following excavation of the trench and backfilling, unstable pavement
shall be removed over cave-outs and over breaks and the subgrade shall
be treated as the main trench.
E.
Pavement edges shall be saw cut to a vertical face and neatly aligned
with the center line of the trench, one foot from the edge of the
excavation.
F.
Cutoffs outside of the trench lines must be normal or parallel to
the trench line.
G.
Excavations shall be made in open cut, and no tunneling will be allowed
except by special permission of the Director in writing. Trenches
and excavations shall be braced and sheathed when necessary.
A.
Suitable excavated material may be used for backfill subject approval
by the Director. Broken pavement, large stones, clay, roots, and other
debris shall not be used in the backfill.
B.
Sand or crushed stone shall be used to bed all pipe. When stone is
used, the width of the trench (and pipe) shall be overlain with geotextile
filter fabric, and sand shall be used as cover to a point 12 inches
above the pipe.
C.
Bank-run gravel and/or suitable excavated material may be used above
cover material to a point 21 inches below the surface of the pavement.
Backfill material shall be placed in twelve-inch layers, power tamped
and moistened when required to secure maximum compaction (95% density)
of the backfill and to reduce settlement.
D.
Only New Hampshire Department of Transportation Section 304.2 specification
gravel is to be used in the top six inches of the excavation, which
shall be compacted to 95% density at the direction of the Director.
E.
Bituminous concrete two inches in thickness shall be placed on the
backfill for a temporary wearing surface. Temporary paving material
shall be either cold or hot mix as may be determined by the Director.
In all cases, the permittee shall maintain the temporary paving in
good condition until instructed by the Director to install permanent
paving.
F.
The minimum depth of any substructure, except manholes, vault entrance
tubes, value casings and catch basins, shall be 30 inches below the
surface of the nearest edge of the traveled portion of the street
or place, and no excavation shall be less than 20 inches in length
or width.
G.
Any existing grassland or tree lawns shall be restored with six inches
of sifted loam that shall be fertilized, seeded and mulched.
A.
All permanent pavement shall be done on order of the Director and
under his direction at the expense of the permittee. There shall be
no exception to the requirement for the installation of permanent
pavement.
B.
Where existing street or driveway pavements have been interfered
with or dug up in connection with the work under the permit, the surface
shall be rebuilt with a three-inch surface coat of bituminous concrete
applied in two courses, two-inch binder and a one-inch top coat lain
on crushed gravel foundation of twelve-inch depth. Where the Director
directs that the alternative method of application is to be used,
the contractor and permittee will follow specifications identified
as special conditions on the permit.
C.
After one year has passed following the installation of the wearing
course, the trench shall receive infrared patch treatment by a contractor
approved by the Director. The permittee shall be responsible for the
cost of this required work.
D.
The Town strives to maintain its roads in good condition. Each utility
operating in the Town of Hampton will be advised of road reconstruction
and overlay plans from year to year. The Department of Public Works
will not permit the excavation of streets that have been reconstructed
and/or overlayed for a period of five years without permission of
the Board of Selectmen.
All work of any nature performed by any person under this article
shall conform to the general construction specifications as adopted
by the Board of Selectmen unless more stringent requirements are contained
herein.
The construction standards as adopted by the Board shall govern
the construction, erection or placement of all facilities or other
appliances or apparatus in streets, ways and places.
Before a permit is issued under this article, the following
requirements for insurance must be met in full:
A.
Insurance under which the Town shall be named as the insured, carried
with an insurance company licensed to write such insurance in the
State of New Hampshire, against the following risks in not less than
the amounts as herein indicated:
(1)
Bodily injury insurance shall be for not less than $1,000,000 for
injuries or death of any one individual, and a total of not less than
$2,000,000 to all those injured or killed in any one accident.
(2)
Property damage liability insurance shall include damage to property
caused by explosives and blasting, or by vehicles or equipment or
on account of trenches or from any other cause, and shall not be less
than $1,000,000 for any one occurrence.
Before a permit is issued under this article, the following
requirements for posting security must be met in full:
A.
For each utility company or contractor, cash shall be deposited and
held in an escrow account established by the Town. This will serve
as the company performance guarantee to insure that the applicant
shall faithfully perform said work in all respects and shall also
restore or replace that portion of any public ways or places in which
said applicant, his servants, or his agents shall perform, and that
said work will remain in the condition specified and required for
a period of five years from completion. The amount of the escrow account
shall be determined as follows:
B.
If the applicant provides a letter of credit, it shall be deposited
in an account held in the name of the Town and shall be nonrevocable
and subject to call upon demand of the Town.
Permits requiring excavations shall not be issued during winter
months beginning on the first day of November of each year and ending
on the 30th day of April next following, unless special permission
is obtained from the Director upon approval by the Town Manager. Permits
may be denied earlier due to frost in the ground before the first
of November or after the 30th of April.
If any portion of this article is for any reason declared to
be unconstitutional or otherwise invalid, such unconstitutionality
or invalidity shall not affect the validity of the remaining portions,
sections or amendments of this article, provided that the purposes
of this article can be achieved in the absence of the invalid provision.
Nothing in this article shall supersede regulations or ordinances
adopted by the Planning Board, but this article shall work with the
intent of those Planning Board regulations and ordinances.
Nothing contained in this article shall supersede the stormwater
regulations adopted by the Board of Selectmen, but this article shall
work with the intent of those regulations.
Violation of this article shall be punishable by a fine of $1,000
for each offense. Each day that such offense shall continue shall
be a new offense, and such fines shall be deposited in the general
fund of the Town.
In general, where compliance with the requirements of these
regulations and their intent is in question, the permittee, at his
expense, shall provide any and all proof of compliance to the Director.
Acceptable proof shall be by, but not limited to, approved independent
laboratory tests, approved independent field tests, shop drawings
and certificates of compliance from manufacturers. Specific tests
as required by regulations and specifications shall also be performed.
These regulations supersede and repeal all previously adopted
regulations and are effective upon adoption by the Hampton Board of
Selectmen.
