[Adopted as Rev. Ords. 1964, §§ 18-1 and 18-1b to 18-1g (Ch. 20, Art. III, of the 2010 Code)]
[Amended 11-1-1971; 7-11-1997; 8-15-2000]
A. 
No person, including City departments, unless acting under authority of law, or in case of emergency, shall in any manner disturb the surface of any street within the City, or deposit any stones, bricks, timber or other materials thereon, without a permit. In cases of emergency, work may begin before a permit is issued, but in such case, an application for a permit, properly and fully made out, on prescribed forms, must be made as soon thereafter as practicable.
B. 
Any person who disturbs the surface of any street without a permit authorizing him to do so shall be subject to fine(s) in accordance with MGL c. 40, § 21D, and City ordinances adopting that legislation.
[Amended 11-1-1971; 9-22-1987; 4-18-1989; 5-6-1997; 8-15-2000]
No permit which involves excavation in any street or way, including sidewalks and state highways located within the boundaries of the City, or the removal or the disturbing of any pavement, or other similar thing for any purpose whatever, shall be granted except under the following restrictions and conditions and such other restrictions and conditions as the Supervisor of Streets and/or City Engineer may deem proper:
A. 
All trenches shall be backfilled in layers of not more than 12 inches with each layer of backfill being properly compacted before the next layer shall be placed. Preference is given to the compaction being accomplished by water puddling or the use of the water jet method. Whichever method is employed, however, the procedure shall be followed until a depth of trench remains equal to the thickness of the paving plus six inches.
B. 
In all lateral cross trenches a six-inch thickness of three-thousand-pound quick-setting cement concrete composed of one part cement, two parts fine aggregate and three parts coarse aggregate (all proportions to be by weight) or other approved mix shall be placed in the trench extending beyond the gutter line by 12 inches on each side. The trench shall be plated and the concrete shall be allowed to set for a period of not less than 24 hours before further work shall be done.
C. 
The finish course shall be placed to the same depth as the original surface but shall not be less than three inches in depth with a material such as bituminous concrete-type mix. The surface following compaction by rolling shall conform to the grade of the contiguous paved area.
D. 
Upon completion of the trench work and paving, the area shall be thoroughly cleaned, with any surplus material removed from the site of the work as directed by the Supervisor of Streets and at his/her discretion.
E. 
The work shall be subject to the inspection of the Supervisor of Streets and City Engineer for recommendations and final approval.
F. 
With respect to streets or ways recently reconstructed or newly resurfaced with a permanent type paving, no street openings, utility service cuts or any other type of street surface disturbance will be permitted for a period of five years from the date of completion of the project, except as authorized by statute or in cases of emergency, or as allowed by vote of the Municipal Council.
G. 
All construction methods, materials, etc., shall conform to the Commonwealth of Massachusetts Department of Transportation standard specifications for highways and bridges.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Except as authorized in writing by the Department of Public Works Commissioner or designee for reasons that emergency public health or safety may require, no street, roadway or sidewalk, or any part thereof, shall be excavated or disturbed or remain excavated on Fridays, Saturdays, Sundays, public legal holidays, and the day preceding any public legal holiday, and all sidewalks, roadways and streets being repaired or excavated shall be restored to a safe, reasonable, passable condition for such designated ways.
I. 
No permits will be issued between November 1 and April 1 except in cases of emergency or as approved by the Commissioner of Public Works or its designee.
[Amended 6-25-2024]
[Amended 11-1-1971; 2-10-1987; 4-18-1989; 5-12-1997; 8-15-2000; 1-14-2003; 5-26-2015]
A. 
No permit required for excavation in any street or way, including sidewalks and state highways located within the boundaries of the City, shall be granted unless and until the applicant has deposited with the City Treasurer/Collector an amount calculated by the Department of Public Works sufficient to complete any work related to the excavation not done to the satisfaction of the Department of Public Works. The amount shall be calculated by the Department of Public Works for each permit application. The applicant shall then cause the application to be brought to the Treasurer/Collector, who shall sign each permit application for which the required deposit is received. The applicant shall then return the application to the Department of Public Works for approval or denial of the application. The deposit shall be held by the Treasurer/Collector for not less than nine months following the completion of the project and shall not be released without written authorization from the Department of Public Works. If the City of Taunton is the permit applicant, and City of Taunton personnel are to perform the work, no deposit is required.
B. 
As an alternative to the deposit, an applicant may provide the Treasurer/Collector with a bond, which bond shall be kept current. A bond provided in accordance with this subsection shall be deemed to be the deposit for the purposes of Subsection A. The applicant shall cause the application to be brought to the Treasurer/Collector, who shall verify that a sufficient bond is in place and shall sign each permit application for which there is sufficient capacity under a bond to serve as surety. The applicant shall then return the application to the Department of Public Works for approval or denial of the application. Any such bond shall by its terms remain effective and in full form for a period of time sufficient to provide surety, but in any event not less than nine months following the completion of the project. The surety shall not be released sooner than nine months following the completion of the project and shall not be released without written authorization from the Department of Public Works. Whenever such a bond shall reissue or renew, said applicant shall cause the same to be forwarded to the Treasurer/Collector.
C. 
This subsection shall apply to Columbia Gas of Massachusetts and any successor (hereinafter "Columbia Gas"), the above Subsections A and B notwithstanding. Columbia Gas is unique, in part, because of its status as a public utility governed by the Department of Public Utilities. No permit required for excavation in any street or way, including sidewalks and state highways located within the boundaries of the City, shall be granted to Columbia Gas unless and until Columbia Gas shall have provided the Treasurer/Collector with a bond, which bond shall be kept current. Whenever such a bond shall issue or renew, Columbia Gas shall cause the same to be forwarded to the Treasurer/Collector. Columbia Gas shall submit each permit application to the Department of Public Works (DPW), which shall before issuing any permit cause each application to be forwarded to the Treasurer/Collector. The Treasurer/Collector shall verify that a sufficient bond is in place and shall sign each permit application for which there is sufficient capacity under a bond. Any such bond shall by its terms remain effective and in full form for a period of time sufficient to provide surety, but in any event not less than nine months following the completion of the project. The DPW shall cause each application to be returned to it from the Treasurer/Collector for approval or denial of the application. The bond shall remain in place for at least nine months following the completion of the work and shall not be released without written authorization from the Commissioner of the Department of Public Works or the Commissioner's designee.
D. 
When used in this section, "Department of Public Works" shall mean the Commissioner or Commissioner's designee and "Treasurer/Collector" shall mean the Treasurer/Collector or the Treasurer/Collector's designee.
[Amended 11-1-1971; 5-6-1997]
Any permit for disturbing the surface of any street as herein provided may be revoked by the Supervisor of Streets for any violation of such restrictions as may be placed on such permit. Such violations uncorrected within two weeks of notification shall indicate that the bond is forfeited to the City.
[Amended 11-1-1971; 5-6-1997]
Every application to disturb the surface of any street in the City shall be fully and completely filled out on the prescribed application form and signed by the applicant or some other person duly authorized in writing to do so.
[Amended 11-1-1971; 5-6-1997]
The applicant for a permit under this article shall hold the City harmless and indemnified for all loss, cost, damage, expense and liability on account of the disturbance of the street surface and any work done in connection therewith.
[Amended 10-14-1969; 5-6-1997; 8-15-2000]
A. 
An adequate number of police officers for traffic control, as determined by the Supervisor of Streets or the Chief of Police or by either of their representatives, shall be furnished at the expense of the permittee for the entire duration of the project. Violators shall be punished by a fine of $100 for each day such violation exists.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person intending to erect or repair any building upon land abutting upon a street or sidewalk area, when it is necessary to use a portion of the street or sidewalk area, shall give notice to the Supervisor of Streets, who may at the owner's request set apart such portion of the street or sidewalk area as he/she may deem expedient for such use. Such person shall, when required by the Supervisor of Streets, construct and maintain a suitable sidewalk around the obstruction.
C. 
Every person who has been issued a permit under this article to obstruct or render unsafe any street or sidewalk shall guard the same by a proper fence or railing and by lights during the nighttime, subject to the approval of the Supervisor of Streets.