[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1993 as
Ch. 12.04 of the 1993 Code]
All petitions for laying out, widening, altering or discontinuing
any street or way shall be presented to the City Council and referred
to the Planning Board.
No street or way shall hereafter be laid out and accepted as a public street in the City other than under the provisions of the act authorizing the assessments of betterments, unless such street or way shall have been previously constructed and completed in accordance with the specifications and dimensions established in § 305-6; provided, however, that this section shall not apply to streets or ways actually opened and used for public travel prior to January 1, 1915.
No street or way constructed on private lands by the owners thereof shall hereafter be laid out or accepted as a public street of the City unless previously constructed and completed in accordance with the specifications and dimensions established in § 305-6.
The owner of any lot abutting on any accepted street shall be
assessed betterments not exceeding 25% of the estimated cost, including
damages, of building that part of such street abutting on such lot
on the basis of the foot frontage of such lot, except that the owner
of a corner lot shall not be assessed more than 75% of the combined
betterment assessments on the intersecting streets figured as above,
when and if the second street is accepted and built.
The owner of any lot of land abutting on any street upon which
a sidewalk of brick, stone, concrete or other similar permanent type
is constructed shall be assessed betterments not to exceed 50% of
the cost of the sidewalk abutting on the lot.
A.
Plan; filing. A plan and profile of every street shall be filed in
the office of the City Engineer, who shall fix the grade thereof.
B.
Clearing. The entire area of every such street shall first be cleared
of all stumps, roots, brush and like material, and all trees not intended
for preservation.
C.
Loam removal. All loam and loamy material shall be removed from the
limits of the street, inclusive of sidewalks, to such depth as may
be approved by the Commissioner of Public Works, and shall be carefully
deposited in piles or spread on either side of the street, but in
no case within the limits of such street.
D.
Excavation; embankments.
(1)
All work in excavation or embankment shall be brought accurately
to a subgrade established by the Public Works Department for roadway
and sidewalk as shown on such plan and profile. All side slopes in
excavation and on adjoining land shall be at the ratio of at least
two horizontal on one vertical to a subgrade 12 inches below finished
grade.
[Amended 6-1-2020 by Order
No. 2020-012]
(2)
All rocks and boulders in excavation shall be removed from the street
or used in embankments. Embankments shall be made of clear sand, gravel,
cinders, furnace slag, sound rock or broken stone only. Under no circumstances
shall any perishable material be used for making of street embankments.
E.
Finish grade construction. Above such subgrade and to finish grade,
binding gravel, crushed stone, and a wearing surface, or other similar
construction, shall be used as may be approved by the Commissioner
of Public Works.
F.
Curbing. All curbing installed on any street or way in the City shall
be granite curbing. The installation of all curbing shall be at the
discretion of the City Engineer, who shall choose from any of the
following types of granite curbing: Type VA-3, VB-0, VB-1, VB-2, or
VB-3, or Type SA, in accordance with the Massachusetts Department
of Transportation Standard Specifications for Curbing.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
The dimensions of typical street sections shall be determined by
the Public Works Department in accordance with the Massachusetts Department
of Transportation Standard Specifications for Highways and Bridges,
current edition, to provide a street capable of handling the anticipated
traffic load, as may be determined by a report from the Department
of Planning and Community Development. This determination shall indicate
the class of construction required in accordance with the following
table:
B.
There shall be on file in the Public Works Department of the City
typical half-section drawings showing the construction of these three
classes of streets. These sections shall be used as a guide for new
street construction whenever practical.
No street or highway shall be laid out or accepted by the City
of a width less than 40 feet unless the same shall have been actually
opened and used for public travel prior to January 1, 1915.
A.
The City Council may authorize the laying out of streets and construction thereof without sidewalks or without curbing or without drainage and construction not in accordance with § 305-6 wherein it appears that public interest and convenience so require. The order for such construction shall specifically state that sidewalks, curbing or drainage is omitted.
A.
Authorization;
petition.
(1)
In accordance with the provisions of MGL c. 40, § 6N, the
Commissioner of Public Works may make such temporary repairs to private
ways as in his judgment may be required by the public necessity.
(2)
The Commissioner of Public Works shall determine the type and extent
of the repairs to be made and whether drainage shall be included.
(3)
A majority of abutters must petition for such repairs, but no betterment
charge shall be assessed, nor shall any cash deposit be required.
(4)
It shall be necessary that the private way be opened to public use,
but not for any term of years.
(5)
The City shall assume no liability on account of damages caused by
such repairs except to the extent required by law.
B.
Restrictions;
procedures.
(1)
Repairs shall only include temporary repairs, such as the filling
in of holes and depressions with suitable materials. They shall not
include resurfacing or permanent construction of said ways.
(2)
Only those repairs required by public necessity, as determined by
the City Council, with the approval of the Commissioner of Public
Works, shall be made.
(3)
Such repairs may be made only if petitioned for by a majority of
the abutters.
(4)
Betterment charges may be assessed by the City Council in its discretion
but not exceed 1/2 of the cost of repairs or improvements.
(5)
The City shall not be liable for damage caused by such repairs to
any greater extent than if such work were done on a public way.
(6)
Repairs may be made only on private ways which have been opened to
public use for six years or more, and in such cases MGL c. 84, § 25,
shall not apply.
A.
The Public Works Department may construct, reconstruct, resurface, and repair any private way which has been used by the public for six years or more, provided that § 305-10B(1) through (6) shall apply to any such work.
B.
Drainage may be included in any such work if the Public Works Department
determines that it is necessary for the proper completion of said
work.
[Adopted 5-17-1993 as
Ch. 12.08 of the 1993 Code]
Whenever the word "street" is used in this article, it shall
be understood as meaning to include lanes, alleys, courts, public
squares and sidewalks, unless otherwise expressed.
[Added by Order
No. 94-226]
A.
Permit required. No entity (person, business, utility, or government
agency) shall dig into or break up any public street in the City without
first having obtained a permit from the Commissioner of Public Works.
The permit (hereafter known as a "street opening permit") shall be
in a form acceptable to the Commissioner, consistent with this Code
and other laws. The Commissioner may attach general and specific conditions
under which a permit is granted. In all cases, the permit must be
signed by the utility or property owner and contractor.
B.
Fee, deposit, bond and insurance.
(1)
A
nonrefundable application fee of $100 is required.
(2)
A
refundable deposit of $500, cash or certified check, is required and
will be held until the municipal contractor completes the permanent
patch and payment is received. Interest on retained money is considered
to be the property of the municipality. Trenches not inspected due
to the failure of the permittee to properly notify the governing authority
shall be subject to loss of deposit and/or repeat of reconstruction
procedures.
(3)
A
performance and payment bond of $5,000 is required for each street
opening permit granted. The governing authority may allow a blanket
bond commensurate with anticipated permit activity for routine excavators.
Under no circumstances will this blanket bond be less than $50,000.
(4)
The
contractor must furnish the municipality with a certificate of insurance
for general liability in the amount of $1,500,000.
D.
Construction procedures.
(1)
The pavement shall be pre-cut and may only be disturbed within the
area requiring excavation for repair, replacement or new installation.
When the opening occurs within two feet of the curb and/or edge of
the hardened surface, the paved area between the excavation and the
curb and/or edge must also be removed.
(2)
In the backfill process, the backfill shall be comprised of suitable
material (subject to approval of the governing authority or his authorized
representative). Concrete should be used around all electric and telephone
conduit in trenches. Controlled density fill (CDF) may be required.
Compaction (when CDF is not in use) will be executed in six-inch layers.
Each layer shall be 95% compacted by mechanical means. When the total
surface area of an individual opening in bituminous concrete is less
than nine square feet, all backfill material(s) will be placed to
within a minimum of six inches of the pavement surface or the thickness
of the original pavement structure, whichever is greater. For individual
openings with surface areas of nine square feet and larger, the backfill
materials will be installed to within four inches of the pavement
surface or the thickness of the existing structure, whichever is greater.
"Pavement structure" will incorporate all pervious paving materials
used above the gravel subbase, including but not limited to bituminous
concrete, cement concrete, cobblestone, macadam, etc.
(3)
The hardened pavement shall then be cut back and removed six inches
to 12 inches from all sides of the initial excavation to the depth
of the original pavement structure, exposing the undisturbed gravel
subbase. Edges will be cut perpendicular to the surrounding surface
and have a clean vertical face, particularly in the corners. All structures
shall be leveled to the adjacent surfaces. The cut back shall be in
straight lines with ninety-degree angles at the point(s) of intersection.
(4)
All surplus and/or unacceptable excavated materials shall be removed
from the job site immediately. The excavation site shall be maintained
in a clean and safe condition at all times. Sidewalks and streets
shall be cleaned and opened to traffic at the end of each working
day, unless otherwise authorized by the governing authority. Access
to properties is to be maintained. The removal and disposal of materials,
including pavement, is the responsibility of the permittee. This shall
be achieved in such a manner to minimize interference with pedestrian
and vehicular traffic.
(5)
The permittee shall be liable for the condition of the street and
sidewalk openings and protection thereof prior to the temporary repair
and will be held responsible for all damage due to any failure of
barricades, barriers, warning signs, lights or steel plates to properly
protect the work from traffic, pedestrians or other causes. Other
than while work is actually being performed, all open ditches shall
be protected by uniform traffic control devices in conformance with
the Manual on Uniform Traffic Control Devices. All excavations must
be properly secured to ensure the safety of the travelling public
and immediately reported to the designated municipal coordinator.
[Amended 6-1-2020 by Order
No. 2020-012]
(6)
Temporary patching shall be performed by a contract representative
of the governing authority and shall be the financial responsibility
of the permittee. All barricades and/or safety devices shall be immediately
removed from the vicinity upon completion of the temporary bituminous
patching application.
(7)
Any improperly prepared excavations, including those left with unacceptable
backfill material or insufficient pavement depth, shall be temporarily
paved by the municipal contract representative and charged to the
refundable deposit of the permittee. The deposit shall immediately
be replenished to the original amount. At a later date, the trench
shall be re-excavated and prepared correctly by the permittee. Under
these conditions the permittee may also be subject to permit cancellation,
inspection fees, fines, and loss of deposit and bond.
(8)
All excavations will be required to settle and/or consolidate for
a period of time before the contract representative of the governing
authority is directed to perform a permanent repair. This term will
be defined as a minimum of 30 days when controlled density fill was
used as backfill material. Compacted gravel subbase must experience
at least one seasonal freeze/thaw cycle. The governing authority reserves
the right to address any subbase deficiency within, or adjacent to,
the original excavated area with whatever measure is deemed effective
during this period. These corrective procedures will be the financial
responsibility of the permittee.
(9)
Immediately after the specified settling and/or consolidation period,
all excavations shall be permanently restored by the contract representative
for the governing authority.
(a)
The following procedures shall be strictly adhered to:
[1]
The infrared process shall be utilized as the primary method of permanent
restoration in bituminous concrete surfaces.
[2]
Temporary asphalt patches installed in cement concrete surfaces shall
be re-excavated to the extremities of the square(s) in which the excavation
is contained. The finished concrete shall be replaced to the depth,
strength, and contour of the original structure. Any concrete surface
damaged during construction shall also be replaced in a like manner.
[3]
All other surfaces, including but not limited to asphalt, brick,
grass and wood, shall be replaced consistent with the original and
in strict accordance with municipal specifications.
(b)
The permittee shall also be responsible for any and all necessary
appurtenant measures, including but not limited to complete surface
reconstruction, curbing, resetting utility structures, bar holes,
compatible crack filling, tack coating and infrared integration of
pavement. All the required processes shall be determined by a site
inspection with an authorized representative of the governing authority.
All restoration procedures shall be the financial obligation of the
permittee.
(10)
The permittee shall be responsible for any settlement, subbase
failure and pavement cracks that develop in, or adjacent to, the original
excavated area for a period of three years from the date of the final
accepted permanent repair or, if controlled density fill is used,
for a period of one year from the date of the final accepted permanent
repair. Any surface disorder caused by settlement and/or subbase movement
within the general area containing a street or sidewalk opening shall
be addressed by the municipal contract representative, at the direction
of the governing authority. All related corrective measures will be
charged to the permittee, and the term of obligation will begin again.
(11)
Excavations opened without the permit may be subject to cancellation
and refusal of existing and future permits and associated fines.
(12)
Police protection, if required, shall be paid by the permittee
either directly or billed by the municipal representative of the municipality
and billed directly to the permittee.
(13)
All surface restorations, bituminous concrete replacements,
and permanent repairs will be done by a contract representative of
the municipality and billed directly to the permittee.
E.
Billing and collections.
(1)
The contract representative of the municipality shall bill the permittee
for the above-mentioned services. All invoices will be paid within
30 days. On past due invoices, a service charge of 1 1/2% per
month will be allowed on accounts 30 days past due, provided that
the rate does not exceed that which is permitted by law, in which
case the highest allowable legal rate will apply. Invoices exceeding
90 days shall be paid by the municipality from the refundable deposit
and/or bond, at which point the municipality shall fine the permittee
that cost plus $100 per day and continue to accrue the service charges
on any uncollected moneys together with all costs of collection, including
attorney's fees.
(2)
The governing authority reserves the right to assume the billing
function, including assessment and conveyance of reasonable handling
charges, as provided by Massachusetts General Laws.
(a)
On ninety-day past due invoices, the municipality will revoke
or refuse existing and future permits until payment of such invoices,
including all service charges and fines.
[Amended 6-1-2020 by Order
No. 2020-012]
(b)
If the account is found to be uncollectible, there shall be
a lien upon such real estate in the manner provided in MGL c. 40,
§§ 42A to 42F.
A.
Fencing
and lighting. During the progress of any work referred to in the preceding
section, the person holding the permit shall guard the area of such
work by a proper fence or railing, and by lights during the nighttime,
subject to the approval of the Commissioner of Public Works.
B.
Police
detail.
(1)
Any person, except the Commissioner of Public Works, his agent or servant, receiving a permit to open, occupy, obstruct, use, dig into or break up any public street of the City, or portion thereof, in accordance with the provisions of § 305-13, shall maintain at his or its expense such police officers of the City, but in no event less than one police officer at each street location designated in each permit required to be issued, as the Chief of Police may deem necessary, to avoid, so far as reasonably possible, danger to the safety of persons and interference with the free circulation of vehicular traffic. For the purposes of this section, no emergency or like permits shall be issued granting blanket or similar permission to open, occupy, obstruct, use, dig into or break up more than one particular or separate street location per permit.
(2)
Opening manholes. A person receiving a permit to open a manhole in
any public street of the City shall maintain at his or its expense
such police officers of the City as the Chief of Police may deem necessary,
to avoid, so far as reasonably possible, danger to the safety of persons
and interference with vehicular traffic.
(3)
Failure to comply. Failure on the part of any such person to maintain
such detail shall be cause for revocation of such permit or the closing
down of the opening, obstructing, using, digging into or breaking
up of any public street of the City by police officers of the City
until such detail is maintained.
(4)
Emergency construction. In the event of an emergency which requires
the opening, obstructing, using, digging into, or breaking up of any
public street or private way in the City by a person not able to obtain
a permit because of the hour, such person shall immediately notify
the officer in charge of Quincy police headquarters in order that
the necessary police officers, but in no event less than one police
officer, as designated by said officer, at each separate street location
or place of such opening, obstructing, using, digging into, or breaking
up of such street, shall be assigned at the expense of such person.
If any person shall dig a cellar or other cavity in the ground
near to or adjoining any street, he shall, so long as the Commissioner
of Public Works may require, keep a railing or fence on or near the
line of such street sufficient to protect travelers from falling into
the place so dug or being injured thereby.
A.
No person shall place or cause to be placed or deposited, upon any
street or other public place in this City, merchandise, ashes, shavings,
house dirt, filth, offal or rubbish which shall in any way obstruct
and disfigure the same, nor suffer his wood and coal to remain unnecessarily
on any street, and no person shall place or deposit, or cause to be
placed or deposited, any newspaper, circular, card or wastepaper of
any kind or description upon any street or other public place in this
City, and no person shall saw or split wood or pile the same on any
sidewalk, provided that ashes or rubbish in suitable containers may
be placed in the streets for collection, in such manner and on such
days as the Commissioner of Public Works may direct. No person shall
place or cause to be placed on the public sidewalk rubbish barrels
or rubbish containers more than one day prior to scheduled pickup.
[Amended 6-1-2020 by Order
No. 2020-012]
B.
No person, other than agents, servants and/or employees of the City
of Quincy, or those employed by or on behalf of a contractor working
on behalf of the City, shall pick up, transport or carry scrap metal,
also known as "white goods," from a public sidewalk or street after
said metal or white goods have been placed by a resident or commercial
property owner for collection. A violation of this provision shall
be punishable by a fine of $300 per offense.
[Added 11-10-2008 by Order No. 2008-328]
No person, unless authorized by law, shall erect on any street
any staging for building, or place thereon any lumber, brick or other
building materials, without a written permit from the Commissioner
of Public Works. Any person intending to erect or repair any building
upon land abutting on a street shall give notice to the Commissioner
of Public Works, who may, at the owner's request, set apart such portion
of the street as he shall deem expedient for such use. Such person
shall, before the expiration of his permit, remove all rubbish and
restore such street, square or park to its former condition, to the
satisfaction of the Commissioner of Public Works. Every person so
permitted shall, in writing, agree to indemnify the City against all
damage or loss to the City accruing from the doing of any act or thing
under such permit, and sureties may be required by the Commissioner
of Public Works, and every person who, when so permitted, shall obstruct
or render unsafe any public street shall guard the same by a proper
fence or railing, and by lights during the nighttime, subject to the
approval of the Commissioner of Public Works. Such permit may be revoked
at any time by the Commissioner of Public Works or by the City Council.
No person shall place or maintain over any street any sign,
awning, shade or other obstruction, unless permission shall have first
been obtained in writing from the Commissioner of Public Works. All
such signs, awnings, shades or other obstructions shall be safely
and securely supported. No awning shall be less than seven feet from
the ground at its lowest point. All signs, awnings, shades and other
obstructions, if built over a sidewalk, shall be of such width as
shall be determined by the Commissioner of Public Works.
No person shall stand, or remain alone, or with or near others,
in any street of this City in such a manner as to obstruct a free
passage for passengers therein, or over any footway or sidewalk.
No person shall place any obstruction of any kind upon any flagstone
or stepping stone or other footwalks across any street in this City.
No person shall wheel, push or draw any wheelbarrow, handcart
or other vehicle or ride any bicycle or tricycle on the sidewalk of
any street of this City, except for the purpose of crossing such sidewalk
in order to go into or out of some adjoining enclosure, provided that
this section shall not apply to children's or invalids' carriages
propelled by hand.
No person shall suffer his building to shed water upon any street
in this City to the injury or inconvenience of passengers.
No person shall remove from the sidewalks or curbs of the City
personal property placed there for collection by charitable, benevolent
or civic organizations without the consent of the owner.
[Amended 3-6-2006 by Order No. 2006-010]
A.
Removal of snow. The owner, tenant and occupant of any building,
any portion of which is used for nonresidential purposes and bordering
on any sidewalk, shall, after the ceasing to fall of any snow, if
in the daytime within five hours, and if in the nighttime before 1:00
p.m. of the succeeding day, cause the snow to be removed therefrom.
The preceding provision shall apply to snow that falls from buildings,
other structures, trees or bushes as well as to that which falls from
clouds.
B.
Removal of ice. The owner, tenant and occupant of any building, any
portion of which is used for nonresidential purposes and bordering
on any sidewalk, any portion of which is encumbered by ice, within
five hours after the sidewalk becomes encumbered with ice, shall cause
such sidewalk to be made safe and convenient by removing the ice therefrom,
or by keeping the same covered with sand or some other suitable substance.
C.
Penalties for violation; criminal penalty. Any person who violates
this section shall be subject to a fine of $50. Each day's violation
shall constitute a separate offense.
[Amended 6-1-2020 by Order
No. 2020-012]
The owner or person having the care of any building so located,
abutting upon or near to any public street or way that snow or ice
may fall from the roof thereof into or upon such street or way, or
upon the sidewalks thereof, shall cause all snow and ice to be removed
from such roof within 24 hours after the same shall cease falling
or forming.
Any person who shall throw or put, or cause to be thrown or
put, any snow or ice into any street in the City, except that removed
from the sidewalks, shall cause the same to be broken up and spread
evenly over the surface of the street.
No private way in the City shall hereafter be given a name or
designation, or any sign board, unless the same is approved by the
Planning Board of the City.
