From time to time, it is necessary to excavate a public way
in order to install, repair, or remove utilities or install or realign
a driveway with the possibility of removing curbing and/or fencing.
It is desirable that persons working in or under a public way have
the necessary skills to perform this work in a competent manner so
that public ways are maintained to protect the health and safety of
all persons traveling on them. This bylaw is adopted under authority
granted by MGL c. 40, § 21.
As used in this bylaw, the following terms shall have the meanings
indicated:
AWARDING AUTHORITY
The Select Board of the Town of Sharon has authority to exercise
the powers granted by this bylaw.
AWARDING AUTHORITY REPRESENTATIVE
That municipal officer or employee to whom the awarding authority
in a writing has delegated some of its powers hereunder so that the
process of license granting and administration will proceed expeditiously.
HIGHWAY DEPARTMENT
The municipal agency generally responsible for the repair
and maintenance of public ways within the municipality.
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
An annual nonrefundable fee of $50 payable in cash or by
check made payable 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.
PERMIT HOLDER
An "applicant" as defined in the Street Opening Bylaw to whom a street opening permit has been granted.
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."
STREET OPENING PERMIT
A permit granted pursuant to the Street Opening Bylaw conferring 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 the Street Opening 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.
VIOLATION
The failure of the licensed contractor, its employees, agents
and subcontractors to:
A.
Comply fully with any or all provisions of this bylaw, the Street
Opening 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.