[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.
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 allowed by vote of the Municipal Council.
[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]
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.
