From time to time, it is necessary to excavate in a public way
in order, for example, to install, repair, or remove utilities or
install or realign a driveway, including the possible removal or realignment
of curbing and/or fencing. Excluded from the operation of this bylaw
is the general reconstruction or repair of public ways by the municipal
or state agency responsible for the maintenance and repair of such
public ways. This street opening bylaw is necessary to protect the
health and safety of all persons traveling on public ways and is adopted
in accordance with the authority granted, inter alia, by Article 89,
§ 6, of the Amendments to the Massachusetts Constitution,
MGL c. 40, § 21, MGL c. 165, § 20, MGL c. 166,
§ 25, and MGL Chapter 166A.
As used in this bylaw, the following terms shall have the meanings
indicated:
ADA
The Americans with Disabilities Act of 1990, as amended (42
USC §§ 12101 through 12213), and the Accessibility
Guidelines for Buildings and Facilities (Appendix to Part 1191) of
the U.S. Architectural and Transportation Barriers Compliance Board,
as amended.
APPLICANT
Any public utility, municipal department, person or entity
who owns or exercises general responsibility and control over:
A.
Utility or other pipes, ducts, lines or other thing buried in
or under a public way; or
B.
Real property abutting a public way; or
C.
Real property served by the public way or by items of the type specified in Subsection
A above and who wishes to perform street opening work.
APPLICATION FEE
Such fee as may from time to time be established pursuant
to MGL c. 40, § 22F, which fee shall accompany each application
for a street opening permit.
AWARDING AUTHORITY
The Select Board of the Town of Foxborough has authority
to exercise the powers granted by this bylaw.
[Amended 1-30-2023 STM by Art. 1]
AWARDING AUTHORITY REPRESENTATIVE
That municipal officer or employee to whom the awarding authority
in writing has delegated some of its powers hereunder so that the
process of permit-granting, inspection, and administration will proceed
expeditiously.
COLD PATCH
A dense graded or open graded mix with cutback asphalt as
the binder with 1% of the mix being hydrated lime based on the total
weight of the aggregate. The mineral aggregates and bitumen shall
be proportioned and combined to meet the limits specified in Table
A, Subsection M 3.11.03 and M 3.11.04 of the Standard Specifications.
Bituminous material shall be either cutback asphalt, Grade MC-250
or MC800 conforming to Section M3.02.0 of the Standard Specifications.
COMPACTION
Compressing of suitable material and gravel that has been
used to backfill a trench by means of mechanical tamping to within
95% of maximum dry density as determined by the modified Proctor Test
in accordance with ASTM 1557 Method D.
CONTRACTOR
All officers or employees of applicant performing street
opening work or any person or entity engaged by or on behalf of applicant
to perform street opening work. The contractor for purposes of this
bylaw and for all questions of liability in connection with any street
opening work shall be conclusively deemed agents of applicant for
whom applicant is fully responsible.
CONTROLLED DENSITY FILL
Also called "flowable fill," CDF is a mixture of portland
cement, flyash, sand and water. It shall contain a minimum of 250
pounds of Class F flyash or high air 25% and will be self-leveling.
It is hand-tool excavatable.
DEFAULT
The failure of the permit holder (including all contractors
or other agents of permit holder) to:
A.
Comply fully with provisions of applicable laws and regulations;
B.
Comply fully with all of the applicable provisions of this bylaw
and the street opening permit, including written supplemental instructions,
the municipality's General Bylaws or other applicable law; and
C.
Keep its certificate of insurance in full force and effect.
EMERGENCY REPAIR WORK
Street opening work which must be commenced immediately to
correct:
A.
A hazardous condition which could reasonably be expected to
result in injury, loss of life, property damage; or
B.
A condition which has resulted in the catastrophic failure of
a utility transmission trunk line.
GAS COMPANY
A public utility to which MGL c. 164, § 70, applies.
HIGHWAY DEPARTMENT
The municipal agency generally responsible for the repair
and maintenance of public ways within the municipality.
INFRARED PROCESS
That restorative procedure whereby an infrared heater softens
existing pavement to a depth of 1 1/2 inches, the softened area
is treated with a penetrating asphalt emulsion, uniformly scarified
and raked to a workable condition, and the treated surface then compacted
by use of a steel-wheeled roller for the purpose of creating a smooth
driving surface consistent with adjacent pavement.
LICENSE APPLICANT
Any person or entity in the general contracting business,
qualified to do business in the Commonwealth of Massachusetts, who
wishes to perform street opening work in a public way either as a
permit holder or as agent for one or more permit holders.
LICENSE APPLICATION FEE
Such annual fee as may from time to time be established pursuant
to MGL c. 40, § 22F, and which shall be paid to the awarding
authority each time a license application or renewal is filed.
LICENSED CONTRACTOR
A contractor who holds a current and valid public works construction
license issued by the awarding authority.
NEWLY PAVED ROAD
A road that has been repaved (binder and top) within the
past five years.
PERMANENT PATCH
A final repair of street opening work to be performed in
accordance with this bylaw and intended to return permanently the
opened portion of the roadway to as good a condition as it was in
prior to the performance of the street opening work.
PERMANENT PATCH WINDOW
That period of time commencing 12 months and up to 18 months
from the date of installation of the temporary patch.
PERMIT HOLDER
An applicant to whom a street opening permit has been granted.
PROCESSED GRAVEL
Inert material that is hard, durable stone and coarse sand,
free from loam and clay, surface coatings and deleterious materials
and which meets M1.03.1 of the Standard Specifications.
PUBLIC UTILITY
Includes a gas and electric company as defined in MGL c.
164, § 1, telephone and telegraph company subject to MGL
c. 159, § 12, and cable TV companies or other telecommunication
providers regulated by the Department of Public Utilities.
PUBLIC WAY
Any road, including such appurtenances as berms, curbs, drains,
sewers, water mains, sidewalks and paved and unpaved shoulders within
the paper layout, to which the public has access and the Town is responsible
for maintaining. Also referred to as a "street."
PUBLIC WORKS CONSTRUCTION LICENSE
A license required of all contractors who are not officers
or employees of a public utility or municipal department who wish
to perform work including street opening work on public ways.
REFUNDABLE DEPOSIT
That amount of cash or money represented by a certified bank
check deposited by applicant with its application to secure applicant's
performance of street opening work in accordance with this bylaw.
STANDARD SPECIFICATIONS
The Massachusetts Highway Department's Standard Specifications
for Highways and Bridges, 1995 Metric Edition.
STREET OPENING PERMIT
A permit granted by the awarding authority to an applicant
for permission to do street opening work in a public way.
STREET OPENING WORK
Any cutting, excavating, compacting, construction, repair
or other disturbance in or under a public way together with restoration
of the public way in accordance with this bylaw following such disturbance
but excluding the location or relocation of utility poles for which
a grant of location has been obtained pursuant to MGL c. 166, § 27.
SURETY
A deposit of $5,000 cash, check or an irrevocable letter
of credit will be required of each licensed contractor for surety
against him due to default on the warranty. Additionally, if an irrevocable
letter of credit is used, the format must be placed on the lending
institution letterhead and it must be signed by an authorized bank
agent.
TEMPORARY PATCH
The application of either cold patch or two separate gradations
of bituminous concrete consisting of binder and top layers and compaction
to achieve a density equal to that of the surrounding pavement following
excavation and compaction.
VIOLATION
The failure of the licensed contractor, its employees, agents
and subcontractors to:
A.
Comply fully with any or all provisions of this bylaw and any
street opening permits or supplemental instructions, the Town's General
Bylaws or other applicable law; or
B.
To keep its certificate of insurance in full force and effect.
WARRANTY
The period of one calendar year beginning after the installation
of the permanent patch. During this period the licensed contractor
shall be responsible to make any necessary repairs as requested by
the awarding authority representative.
From time to time hereafter the awarding authority, after public notice and hearing, may amend the schedule of deposits, the application fee, the hourly after-hours inspection charges or any other amounts due under this bylaw. A reasonable hourly charge for inspectional services which must be performed outside of normal working hours in accordance with a posted schedule established by the awarding authority will be billed to a permit holder and due and payable 15 days after billing. In extraordinary situations where extensive installation or renewal of utility lines overburdens the normal capacity of the municipal departments to conduct inspections, the awarding authority can, after notice to a permit holder, or as a condition of the permit, elect to treat all inspections as after-hours inspections and bill a permit holder accordingly. Applicants which are municipal departments are exempt from payment of all fees and deposits hereunder. Public utilities, to the extent exempted as provided in §
235-5 above, are exempt from payment of all fees except the application fee.
Any contractor or other person or entity that wishes to perform work on a public way and which is not either a municipality or a public utility (including their respective officers or employees) must be licensed by the awarding authority, pursuant to Chapter
104, Contractors. Application for a public works construction license must be made on a yearly basis.
All street opening work and materials used therein must conform
to the Massachusetts Highway Department's Standard Specifications
for Highways and Bridges, 1995 edition, and with the Americans with
Disabilities Act and the Architectural Access Board Regulations as
currently in effect. In addition, the following specific requirements
also apply. Exceptions to these requirements may be made in the discretion
of the awarding authority or awarding authority representative at
the time that the street opening work is in progress.
A. Excavation. Existing pavement shall be cut in neat, true lines along
the area of the proposed excavation. Unstable pavement shall be removed
over cave-outs and breaks and the subgrade treated as the main trench.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench. Cut-outs beyond the limits of
the trench lines must be normal or aligned parallel to the center
line of the trench. Excavations shall be made in open cut. Trenches
and excavation shall be braced and sheathed in accordance with the
requirements of the Occupational Safety and Health Act (OSHA). Sections
of bituminous or cement concrete sidewalks shall be removed to the
nearest scoreline or approved cut edge.
B. Backfilling and compaction.
(1) Excavations shall be filled with approved backfill. Approved backfill
consists of either controlled density fill, suitable excavated material
or gravel meeting M 1.03.0 or M 1.03.1 of the Standard Specifications.
The permit holder may select which of these three to use in the excavation.
Suitable excavated material shall mean previously excavated granular
material but which does not include blacktop, clay, silt, organic
material, concrete, roots, boulders or stones larger than four inches
in diameter. If the hole is to be filled with suitable excavated material,
a backfill course shall be placed in approximately twelve-inch lifts
of maximum compaction to four inches below asphalt grade (See Diagrams
1, 2, and 3). A base course consisting of four inches of processed
gravel or equivalent (i.e., suitable excavated material containing
no stones larger than 1 1/2 inches in diameter) shall then be
placed on top of the backfill course. The backfill and base course
shall be compacted to not less than 95% of maximum dry density as
determined by the modified Proctor Test in accordance with ASTM 1557
Method D. The permit holder, if directed by the awarding authority
or its representative, will retain, at its expense, a professionally
qualified geotechnical consultant to perform this test. The results
of this test shall be given to the Highway Superintendent.
(2) If controlled density fill is used as backfill material, it must
contain a minimum of 250 pounds of Class F flyash or high air (25%
plus) and be self-leveling. It must be Type 1E or 2E (very flowable).
Flowable fill is to be batched at a ready mix plant and is to be used
at a high or very high slump (one inch to 12 inches). In lieu of the
slump test, a six-inch long, three-inch diameter tube may be filled
to the top and then slowly raised. The diameter of the resulting "pancake"
may be measured and the range of the diameter shall be nine inches
to 14 inches. It shall be flowable, require no vibration and after
it is placed excavatable by hand tools and/or small machines.
(3) The ingredients shall comply with the following:
|
Portland cement
|
AASHTO M85
|
|
Fly ash
|
AASHTO M 295 Class F
|
|
Sand
|
M 4.02.02- ASTM C33 sand
|
|
Air
|
M 4.02.05
|
(4) Type 1E and 2E must meet the following requirements:
|
Compressive
|
28 days
|
90 days
|
|
Strength
|
30 to 80 psi
|
100 psi ma.
|
|
Slump
|
|
10 to 12 inches
|
|
Air
|
|
1% to 30%
|
(5) If controlled density fill is used as backfill material, it must
fill the excavation to immediately below asphalt grade. The contractor
must then plate the excavation with a heavy-duty steel plate adequate
to carry heavy traffic and wait 24 hours for the CDF to cure prior
to applying the permanent patch.
(6) If an excavation is backfilled with controlled density fill in accordance with this bylaw, then a temporary patch need not be installed but a permanent patch may be installed immediately. Permanent patches installed over controlled density fill shall consist of four inches of bituminous concrete applied in a 2 1/2 inch base course and a 1 1/2 inch top course of bituminous concrete, all installed in accordance with this bylaw. If an excavation in a cement concrete public way is filled with controlled density fill, then the provisions of Subsection
E(1) of this bylaw may be omitted, but the provisions of Subsection
E(2) and
(3) must be complied with.
C. Temporary patches.
(1) Bituminous concrete. Following proper compaction, a temporary patch
which shall be the thickness of the existing asphalt pavement or a
minimum of four inches, whichever is greater, shall be applied. It
shall consist of either cold patch or bituminous concrete plant-mixed
hot asphalt aggregate. (See Diagrams.)
(2) Temporary patch to be maintained for one year. A temporary patch
that has been backfilled and compacted shall be maintained by the
permit holder or contractor so that the patched surface and the surrounding
area remain a single smooth, unbroken plane for a period of time no
shorter than one year after placement of the temporary patch.
D. Permanent patches.
(1) Except when installed over controlled density fill as described in Subsection
B above, permanent patches shall be installed not less than 12 months nor more than 18 months from the date of installation of the temporary patch. Upon request by the permit holder or contractor, the awarding authority representative will inspect the temporary patch and determine if final settlement of the trench has occurred. The awarding authority representative will notify the permit holder or contractor within seven days of the inspection whether the permanent patch can be installed. Public utilities or municipal departments may schedule permanent patches to replace all temporary patches then within the permanent patch window without receiving prior approval from the awarding authority but must give the awarding authority and its representative not less than 72 hours' prior notice.
(2) A permanent patch shall consist of one of the following: a) cold
planing the temporary patch to a depth of 1 1/2 inches and then
installing a minimum of 1 1/2 inches of top course of bituminous
concrete, or b) the excavation of the temporary patch in a bituminous
concrete public way and replacement of this material with any additional
processed gravel needed and 2 1/2 inches of base course and 1 1/2
inches of top course of bituminous concrete (See Diagrams 1 and 2)
or c) application of the infrared process to the temporary patch,
or d) the certification by the awarding authority representative made
during the permanent patch window that the temporary patch in his
reasonable judgment meets fully the standard of a permanent patch
and thus requires no further work.
(a)
Cold planing. If the cold planing method is used, the area to
be cold planed must extend at least 12 inches beyond all sides of
the existing temporary patch. (See Diagram 2.) This area must be cold
planed to a depth of 1 1/2 inches. Any broken or irregular edges
of existing pavement shall be cut away in straight lines leaving a
sound vertical face at least 12 inches back from all edges of the
existing pavement. The permit holder must provide a dust control system
capable of complying with environmental air quality standards during
cold planing and sweep the public way following completion of the
cold planing work. All abutting edges of the existing pavement will
be painted with an asphalt emulsion immediately prior to the placement
of the permanent patch. The permanent patch will consist of the application
of a top course of a minimum of 1 1/2 inches of bituminous concrete
plant-mixed hot asphalt aggregate. After raking and rolling, the grade
of the permanent patch shall match the existing bituminous surface
of adjacent pavement. The finished permanent patch shall be level,
having no depressions retaining water on any of the surfaces. All
seams of the finished perimeter shall be sealed with penetrating asphalt
emulsion.
(b)
Excavation. Any temporary patch that has been patched with cold
patch must be excavated and replaced with a bituminous concrete base
in accordance with this paragraph. If the excavation method is chosen
and if additional cutting of the existing pavement is required, it
shall be done in neat, straight lines. Any broken or irregular edges
of existing pavement shall be cut away in straight lines leaving a
sound vertical face at least 12 inches back from all edges of the
existing pavement. (See Diagrams 1 and 3.) All abutting edges of the
existing pavement shall be painted with an asphalt emulsion immediately
prior to the placement of the permanent patch. The permit holder or
contractor shall remove and dispose of all excavated material and
thoroughly compact the surface of the subbase. Following excavation,
the permanent patch shall consist of a bituminous concrete base and
top laid and rolled in two courses. The binder (base course) shall
be a minimum of 2 1/2 inches in depth and the top course shall
be 1 1/2 inches in depth. The minimum total thickness of both
courses, measured after rolling, shall be four inches or equal to
the material that was previously excavated. If, after compaction,
more than four inches of permanent patch is needed in order to restore
the excavated area to finish grade, additional bituminous concrete
shall be used in the base course. The base course shall be placed
and carefully raked and thoroughly rolled to the required thickness.
The top course shall be placed to a grade that will match the existing
bituminous surface after rolling. All seams of the finished perimeter
shall be sealed with penetrating asphalt emulsion. The finished permanent
patch shall be level, having no depressions retaining water on any
of the surfaces.
(c)
Infrared process.
[1]
If the infrared process is utilized to install the permanent
patch, the area to be repaired shall be thoroughly cleaned to eliminate
all potential contaminants. An infrared heater shall be positioned
over the area to be repaired for a period of time required to plasticize
the existing pavement to a depth of 1 1/2 inches. Oxidation of
the pavement caused by improper heating techniques must be avoided.
If this condition occurs, all oxidized material must be removed and
replaced with Class I bituminous concrete meeting the Standard Specifications
of the Massachusetts Highway Department.
[2]
The softened area shall be inwardly reworked from approximately
one foot beyond all sides of the original temporary patch. This designated
area shall be treated with a penetrating asphalt emulsion, uniformly
scarified and raked to a workable condition. For street crossings
and/or trenches with jogs, the reworked area will be extended beyond
the outermost jog in a straight line parallel with the opposite outermost
jog. Under no circumstances may the infrared heat treatable patching
mix that is used register a temperature under 200° F.
[3]
After the paving mixture has been properly admixed and raked
to grade, compacting shall be obtained by use of a steel-wheeled roller
of sufficient weight to establish a uniform density comparable to
that of the surrounding pavement surface within the work area. The
finished permanent patch shall be level, having no depressions retaining
water on any of the surfaces. All seams of the finished perimeter
shall be sealed with penetrating asphalt emulsion.
[4]
A petroleum resin sealant shall be applied consistently to the
entire heated area by mechanical means or hand application at an approximate
rate between 0.1 and 0.25 gallon per square yard. Actual rate will
be determined on site by an approved absorption test method. A mineral
filler will then be broadcast over the newly sealed area to absorb
any excess liquid and prevent tracking and the area immediately opened
to traffic.
(d)
Certification. If a permit holder seeks to qualify a temporary
patch as a permanent patch, it must make the application for inspection
set out above and specify in it its request for certification. The
awarding authority representative will notify the permit holder within
30 days of the request whether the temporary patch has been certified
as a permanent patch. If it is not so certified, the permit holder
shall forthwith cause a permanent patch utilizing one of the three
remaining methods set out above to be utilized.
(e)
Newly paved roads. On newly paved roads, the awarding authority
representative may require, in addition to the placement of the permanent
patch, that the permanent patch shall be treated by a process (infrared,
microwave or equivalent) that will ensure that the permanent patch
is integrated into the existing bituminous surface in a seamless manner.
(f)
Final inspection of permanent patch. Following completion of the permanent patch, the permit holder or contractor shall give notice thereof to the awarding authority representative, who shall inspect the permanent patch. If the awarding authority representative is satisfied that the road has been restored to as good a condition as existed prior to the street opening work, he shall so note on the street opening permit and any refundable deposit securing that street opening work shall be refunded promptly to applicant. If the awarding authority representative determines that the permit holder is in default, the awarding authority may proceed in accordance with §
235-13, Remedies, of this bylaw.
E. Special rules for cement concrete roadways. Any excavation in a cement concrete public way or public way with a cement concrete base with a bituminous concrete surface shall be backfilled as described in Subsection
B and temporarily patched as described in Subsection
C. Immediately prior to the installation of a permanent patch, the following shall be done:
(1) The temporary patch and sufficient backfilled material shall be removed.
(2) A six-inch reinforced concrete slab shall be laid over the backfilled
trench extending one foot beyond all edges of the trench surface and
allowing for four inches of bituminous concrete to be installed above
the slab. The slab shall have steel reinforcing for tensile strength
in accordance with good engineering practices. The permit holder or
contractor shall install a temporary heavy-duty steel plate adequate
to carry heavy traffic over the trench until the concrete slab shall
have adequately cured.
(3) Once the concrete slab shall have cured, there shall be installed
a four-inch layer of bituminous concrete applied in a 2 1/2 inch
base course and a 1 1/2 inch top course, all in accordance with
Diagram 3 and generally in accordance with this bylaw.
F. Shoulders. Suitable excavated material shall be placed in layers
not to exceed six inches in depth and compacted, shoulders shall be
reconstructed to their existing condition and either loamed with six
inches of loam, limed, fertilized and seeded with roadside grass mix
or covered with four inches of wood chips as directed by the awarding
authority representative.
G. Sidewalks. Any excavation in a concrete or bituminous concrete sidewalk
shall require that the entire sidewalk area containing the trench
be replaced. Any concrete sidewalk section that is excavated or damaged
by the excavation must be replaced in its entirety. Suitable excavated
material or gravel shall be placed in layers not to exceed six inches
in depth and compacted. All sidewalk areas will be installed by the
permit holder or contractor in conformance with the ADA and the Architectural
Access Board Regulations currently in effect. Bituminous concrete
sidewalks shall have two courses (two inches of binder and one inch
of top) of bituminous concrete plant-mixed hot asphalt aggregate applied
to and rolled to create a pavement surface consistent with the adjacent
bituminous concrete surface. Concrete sidewalks shall have four inches
of poured concrete applied to finish grade. The concrete shall be
placed in alternate slabs nine meters in length except as otherwise
ordered. The slabs shall be separated by transverse preformed expansion
joint filler 13 millimeters in thickness. Concrete driveway openings
shall have six inches of poured concrete applied to finish grade.
Preformed expansion joints will be installed against buildings, walls,
steps, foundations or existing concrete block.
H. Curb and berm. Any curbing or berm which is damaged or removed as
part of the street opening work shall be properly replaced in kind.
The use of cast-in-place concrete curbing is prohibited. All salvageable
granite curb that is removed from the public way and is excess is
the property of the Town and shall be delivered to the Highway Department
by the permit holder or contractor.
I. Wheelchair ramps. Existing wheelchair ramps which are damaged or
removed under street opening work shall be reconstructed in kind and
in conformance with the ADA and the Architectural Access Board Regulations
that are currently in effect.
J. Curb cuts.
(1) Any curb cut within a public way cannot exceed the following dimensions
unless specifically approved by the awarding authority representative:
|
Single-family dwelling
|
16 feet
|
|
Multifamily dwelling
|
18 feet
|
|
Two-family dwelling
|
18 feet
|
|
Commercial property
|
24 feet
|
(2) Driveway entrances into public ways must butt into and not overlap
the edge of the existing roadway hardened surface. The driveway must
be graded in such a manner that no ponding of water occurs within
the public way and in accordance with the Architectural Access Board
Regulations. Driveways shall not be located on small-radius curves
and shall be positioned so as to provide maximum sight distance and
safety.
If a permit holder or licensed contractor shall be in default
as defined herein, the awarding authority may:
A. Suspend or revoke the street opening permit as provided in §
235-12 above. If the street opening work has commenced but is not completed at the time of a suspension or revocation, the awarding authority can order the street opening work to be completed by another licensed contractor, the cost of which is paid for from the permit holder's refundable deposit account or by permit holder if the refundable deposit is insufficient or does not exist.
B. Suspend or revoke the licensed contractor's public works construction
license pursuant to the public works construction bylaw.
C. Assert the Town's legal remedies.