[Adopted as Art. 35A of the Town Bylaws]
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,
Section 6, of the Amendments to the Massachusetts Constitution, MGL
c. 40, § 21, MGL c. 165, § 20, MGL c. 166, § 25,
and MGL c. 166A.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 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.
Any public utility, municipal department, person or entity
who or which owns or exercises general responsibility and control
over:
A nonrefundable processing fee of $50 which shall accompany
each application for a street opening permit.
The rules and regulations of the Architectural Access Board,
Mass. Executive Office of Public Safety (521 CMR), as amended.
The Select Board of the Town of Sharon has authority to exercise
the powers granted by this bylaw.
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 permit-granting, inspection, and administration will proceed
expeditiously.
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 M3.11.03 and M3.11.04 of the Standard Specifications.
Bituminous material shall be either cutback asphalt, Grade MC250 or
MC800, conforming to Section M3.02.0 of the Standard Specifications.
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.
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.
Also called "flowable fill," CDF is a mixture of portland
cement, fly ash, sand and water. It shall contain a minimum of 250
pounds of Class F fly ash or high air (25%) and will be self-leveling.
It is hand-tool excavatable.
The failure of the permit holder (including all contractors
or other agents of permit holder) to:
Comply fully with provisions of applicable laws and regulations;
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
Keep its certificate of insurance in full force and effect.
Street opening work which must be commenced immediately to
correct:
A public utility to which MGL c. 164, § 70 applies.
The municipal agency generally responsible for the repair
and maintenance of public ways within the municipality.
That restorative procedure whereby an infrared heater softens
existing pavement to a depth of 1Â 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.
A contractor who holds a current and valid public works construction
license issued by the awarding authority.
A road that has been repaved (binder and top) within the
past five years.
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.
That period of time commencing 12 months and up to 18 months
from the date of installation of the temporary patch.
An applicant to whom a street opening permit has been granted.
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.
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 Telecommunications and Cable.
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."
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.
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.
The Massachusetts Department of Transportation's Standard
Specifications for Highways and Bridges, 1995 Metric Edition.
A permit granted by the awarding authority to an applicant
for permission to do street opening work in a public way.
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.
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.
A.Â
No work (except the commencement of emergency repair work in accordance with § 235-18 hereof) in or under a public way shall commence until the applicant shall have applied for, in accordance with § 235-15, and obtained from the awarding authority a street opening permit.
(1)Â
All
work contemplated by this bylaw shall be done in a good and workmanlike
manner using best engineering and construction practices and shall
be done in accordance with:
(a)Â
All applicable laws and regulations;
(b)Â
All of the provisions of this bylaw;
(c)Â
Any conditions contained in the street opening permit; and
(d)Â
Such reasonable supplemental instructions not inconsistent with the
foregoing as the awarding authority or its representative may from
time to time issue.
(2)Â
A
permit holder shall cause to be restored those portions of a public
way disturbed by the permit holder to as good a permanent condition,
in the reasonable judgment of awarding authority or its representative,
as they were in when permit holder made application thereunder.
B.Â
No person or entity may perform any work (including street opening
work or emergency repair work) in or under a public way unless it
is a permit holder and:
(1)Â
Is
a municipal department or public utility or their respective officers
or employees;
(2)Â
Is
the holder of a current and valid public works construction license;
or
(3)Â
Has
engaged such a holder and such holder performs all such street opening
work or emergency repair work as agent of permit holder.
A.Â
The applicant shall file, on forms designated by the awarding authority,
a completed and signed application at the office of the awarding authority
(with a copy delivered simultaneously to the Highway Department) each
time it desires to perform street opening work. The application shall
be accompanied by any and all plans, certifications, certificates
of insurance and other items specified in the application or reasonably
requested by the awarding authority. If the applicant does not intend
to perform the street opening work itself, it must in the application
designate a licensed contractor to perform the work as its agent.
The application shall also be accompanied by the application fee and
the refundable deposit.
B.Â
The Highway Department shall promptly review the application and
make written recommendations concerning approval to the awarding authority
and, if appropriate, shall include recommendations concerning permit
conditions and supplemental instructions.
C.Â
Determination.
(1)Â
The awarding authority shall make a prompt determination on the application,
taking into account the following and such other facts as it may reasonably
consider:
(2)Â
If the application is considered favorably, a street opening permit
containing such conditions and supplemental instructions as the awarding
authority reasonably deems appropriate shall promptly issue. If the
application is not favorably considered, the awarding authority shall
communicate in writing to applicant the reasons its application was
not favorably considered.
A.Â
The amount of the refundable deposit to secure proper restoration
of a public way after street opening work is determined in the reasonable
judgment of the awarding authority based on the extent of the work.
(A current schedule of deposits for standard work is available from
the Town.)
B.Â
Following notice given by permit holder that final permanent repairs
to the public way have been completed, the awarding authority or representative
will make a final inspection. Once the awarding authority or representative
has concluded that permanent repair work has been satisfactorily concluded
and that applicant has no other uncured defaults under street opening
permits, it shall release the unexpended balance of the deposit serving
as security for the street opening permit related to the inspected
work.
C.Â
All refundable deposits that an applicant submits for street opening permits shall be held by the awarding authority in one account which shall be designated as the applicant's refundable deposit account. Upon request, applicants may receive periodic reports as to the balance standing within this account. Should a deposit associated with a specific permit be insufficient to secure the proper repair of a public way following a default by the permit holder, the awarding authority, without limitation to other remedies available to it, can deduct the cost of the proper repair from applicant's refundable deposit account for the purpose of funding the proper repairs. To the extent required by Chapter 164 of the General Laws applicable to gas companies, the provisions of this section and § 235-17 hereafter shall not apply to gas companies which affirmatively claim exemption in their application for street opening permits.
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 the permit holder and due and payable 15 days after billing. In extraordinary situations where extensive installation or renewal of utility lines overburden the normal capacity of the municipal departments to conduct inspections, the awarding authority can, after notice to the permit holder, or as a condition of the permit, elect to treat all inspections as after-hours inspections and bill the 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 § 235-16 above, are exempt from payment of all fees except the application fee.
A.Â
If the conditions for emergency repair work exist, then an applicant,
after giving oral, faxed or electronic notice to the Police and Highway
Departments, may commence street opening work. All such emergency
repair work shall be done in strict compliance with this bylaw except
for compliance with any notice provision inconsistent with such emergency
action.
B.Â
On the business day following the commencement of emergency repair work, the applicant shall file with the awarding authority (i) a written statement setting forth in detail the facts and circumstances constituting the conditions for emergency repair work, (ii) an application for a street opening permit covering the street opening work already commenced in accordance with § 235-15, (iii) the filing fee and required refundable deposit. If all of the materials such as plans, etc. are not then available to applicant, applicant will supply them as soon as available. The awarding authority will promptly process the application and grant the street opening permit with such conditions and supplemental instructions as it may reasonably require.
A.Â
The permit holder and/or each licensed contractor shall acquire and
continuously maintain while it possesses any street opening permits
liability insurance coverage on all personnel and equipment to be
used in the street opening work, which insurance is to be with insurance
companies licensed to do business in the Commonwealth of Massachusetts
and shall contain the following coverages and be in the following
minimum amounts:
(1)Â
Commercial general liability insurance including operators, independent
contractors, complete operations, XCU hazards, broad-form property
damage and personal injury.
(2)Â
Automobile liability insurance, covers owned, nonowned and hired
vehicles.
Combined single limit
|
$1,000,000
| ||
OR
| |||
Bodily injury liability
| |||
Each person
|
$500,000
| ||
Each accident
|
$1,000,000
| ||
Property damage liability
|
$250,000
|
B.Â
Certificates of insurance shall provide for at least 30 days' notice
to the awarding authority of cancellation or material change. The
name of the municipality shall be listed as an additional insured
on the certificate of insurance.
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. Application for a public works
construction license must be made on a yearly basis. (See appropriate
sections of the General Bylaws.[1])
A.Â
Term of permit. All street opening permits shall be valid for 30
days and, upon written request to the awarding authority, renewable
for an additional 30 days. Permits must be present at the work site.
Permits can be revoked by the awarding authority if the applicant
is in default.
B.Â
C.Â
Working hours. Except in emergency situations, street opening work
will occur during normal working hours. The permit holder must give
notice of the intended street opening work 72 hours in advance to
the Highway Superintendent, and, unless the requirement for a police
detail is waived by the Police Chief of the municipality, must arrange
for and pay for a police detail to be present throughout the period
of time that street opening work is being conducted.
D.Â
Dig-safe. The permit holder shall, in accordance with all current
laws of the Commonwealth of Massachusetts, notify all public utilities
72 hours in advance of making any excavation in a street. Such notification
shall be made by means of obtaining a DIG-SAFE number. Said number
shall be provided on the street opening permit application. The permit
shall not be issued until this information is provided.
E.Â
Existing utilities. Before starting any excavation, the permit holder
or contractor must confer with all public utilities to obtain information
from each as to the horizontal and vertical locations of existing
utilities and other conditions that may affect the excavation. The
permit holder or contractor shall not interfere with any existing
utility without the written consent of the awarding authority representative
and the owner of the utility. If it becomes necessary to relocate
an existing utility, this shall be done by its owner and the cost
of such work shall be borne by the permit holder. The permit holder
or contractor shall inform itself as to the existence and location
of all underground utilities and protect the same against damage.
F.Â
Protection of existing lines and structures. The permit holder or
contractor shall adequately support and protect by timbers, sheeting,
etc. all pipes, conduits, poles, wires, cables or other appurtenances
which may be in any way affected by the excavation work and shall
do everything necessary to support, sustain and protect them under,
over, along or across such work area. The excavation work shall be
performed and conducted in such a manner that it shall not interfere
with access to fire stations, fire hydrants, water gates, underground
vaults, catch basins or any other public structure.
G.Â
Adjoining property. The permit holder or contractor shall, at all
times and at its own expense, preserve and protect from injury any
adjoining property by providing proper foundations and shall take
such other precautions as may be necessary for this purpose. The permit
holder or contractor shall at all times and at its own expense shore
up and protect all buildings, walls, fences, trees and other property
likely to be damaged during the progress of the street opening work
and shall be responsible for all damages to public or private property
or streets resulting from its failure to properly protect and carry
out said work. The permit holder or contractor shall not remove, even
temporarily, any trees or shrubs which exist in planting strip areas
without first obtaining the consent of the Highway Superintendent.
H.Â
Damaged trees. In the event a tree is either accidentally destroyed
by the permit holder or contractor or is authorized for removal by
the awarding authority representative, the permit holder or contractor
shall remove the tree, stump and debris from the work site, and replace
the tree with an identical species with a minimum caliper of two inches
in the identical location.
I.Â
Pedestrian crossings; open trenches. The permit holder or contractor
shall, where possible, maintain safe crossings for two lanes of vehicle
traffic at all public intersections as well as safe crossings for
pedestrians at intervals of not more than 300 feet. If any excavation
is made across a public way, it shall be made in sections to assure
maximum safe crossing for vehicles and pedestrians. An open trench
may not exceed 300 feet unless specifically permitted by the awarding
authority or its representative. If the public way is not wide enough
to hold the excavated material for temporary storage, the material
shall be immediately removed from the location.
J.Â
Traffic. The permit holder or contractor shall take appropriate measures
to assure that during the performance of the street opening work,
so far as practicable, normal traffic conditions shall be maintained
at all times so as to cause as little inconvenience as possible to
the occupants of the adjoining property and to the general public.
The awarding authority representative may permit the closing of streets
and walks to all traffic for a period of time. Unless the requirement
for a police detail is waived by the Police Chief of the municipality,
the permit holder shall engage a police detail to maintain traffic
control and public safety at the project site while street opening
work is in progress. Warning signs shall be placed a sufficient distance
from the project site in order to alert all traffic coming from both
directions. Cones or other approved devices shall be placed to channel
traffic. Warning signs, lights and such other precautions shall conform
to the Manual on Uniform Traffic Control Devices. Construction materials
and equipment on the site shall be limited in quantity and in the
space they occupy so that they do not unduly hinder and block traffic.
K.Â
Gutters and basins. The permit holder or contractor shall maintain
all gutters free and unobstructed for the full depth of the adjacent
curb and for at least one foot in width from the face of such curb
at the gutter line. Catch basins shall be kept clear and serviceable.
L.Â
Excavated material. The permit holder or contractor shall remove
all excess excavated material, surplus water, muck, silt, residue
or other run-off pumped or removed from excavations from the site.
M.Â
Temporary repairs. At the end of each day, all trenches must be plated
if repair work is not completed and/or backfilled, compacted and temporarily
patched on the day repair work is completed. No open, unplated trenches
are permitted overnight, and work in plated trenches must be continually
prosecuted to completion to minimize the time trenches are plated.
N.Â
Noise. The permit holder or contractor shall perform the work in
such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. During
the hours from 10:00 p.m. to 7:00 a.m., the permit holder or contractor
shall not use, unless otherwise specifically permitted by the awarding
authority or awarding authority representative, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
or repose of occupants of the neighboring property.
O.Â
Debris and litter. All debris and litter remaining from the street
opening work site shall be removed by the permit holder or contractor
in a timely manner.
P.Â
Restoration of pavement markings. All permanent pavement markings
(crosswalks, center lines, fog lines) which are damaged during street
opening work shall be restored in kind by and at the expense of the
permit holder.
Q.Â
Lawn surfaces and plantings. All lawn surfaces which are disturbed
during street opening work shall be replaced with sod or six inches
of screened loam, lime, fertilized and reseeded with good-quality
lawn seed. Any areas containing plantings shall be restored to their
original condition with the same or similar plantings.
R.Â
Erosion control. The permit holder shall be responsible for all erosion
control and for obtaining any necessary permits from the Conservation
Commission. The permit holder or contractor shall protect drainage
structures from siltation by whatever means required, including but
not limited to the installation of hay bales and/or filter fabric.
In the event that a drainage structure becomes damaged from siltation
as a result of the street opening work, the permit holder or contractor
shall clean the structure before completing the temporary patch.
All street opening work and materials used therein must conform
to the Massachusetts Department of Transportation'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.Â
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.Â
Backfilling and compaction.
(1)Â
Excavations shall be filled with approved backfill. Approved backfill
consists of either controlled density fill, suitable excavated material
or gravel meeting M1.03.0 or M1.03.1 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 1Â 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)Â
If controlled density fill is used as backfill material, it must
contain a minimum of 250 pounds of Class F fly ash 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, be excavatable
by hand tools and/or small machines.
(3)Â
The ingredients shall comply with the following:
Portland cement
|
AASHTO M85
| |
Fly ash
|
AASHTO M295 Class F
| |
Sand
|
M4.02.02 - ASTM C33 sand
| |
Air
|
M4.02.05
|
(4)Â
Types 1E and 2E must meet the following requirements:
Type 1E
|
Type 2E
| ||
---|---|---|---|
Compressive
|
28 days
|
90 days
| |
Strength
|
30 to 80 psi
|
100 psi maximum
| |
Slump
|
10 to 12 inches
| ||
Air
|
1% to 30%
|
(5)Â
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)Â
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 2Â 1/2 inch base course and a 1Â 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) may be omitted, but the provisions of Subsection E(2) and (3) must be complied with.
C.Â
Temporary patches.
(1)Â
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)Â
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.Â
Permanent patches.
(1)Â
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)Â
A permanent patch shall consist of one of the following: a) cold
planing the temporary patch to a depth of 1Â 1/2 inches and then
installing a minimum of 1Â 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 2Â 1/2 inches of base course and 1Â 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)Â
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 1Â 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 1Â 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)Â
Excavation.
[1]Â
Any temporary patch that has been patched with cold patch must
be excavated and replaced with a bituminous concrete base in accordance
with this subsection. 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.
[2]Â
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 2Â 1/2 inches in depth
and the top course shall be 1Â 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 are
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)Â
Infrared process.
[1]Â
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 1Â 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 Department of Transportation.
[2]Â
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]Â
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]Â
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. The 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)Â
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)Â
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)Â
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 the applicant. If the awarding authority representative determines that the permit holder is in default, the awarding authority may proceed in accordance with § 235-24, Remedies, of this bylaw.
E.Â
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)Â
The temporary patch and sufficient backfilled material shall be removed.
(2)Â
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)Â
Once the concrete slab shall have cured, there shall be installed
a four-inch layer of bituminous concrete applied in a 2Â 1/2 inch
base course and a 1Â 1/2 inch top course, all in accordance with
Diagram 3 and generally in accordance with this bylaw.
F.Â
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.Â
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.Â
Curb and berm. Any curbing or berm which is damaged or removed as
part of the street opening work shall be property 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.Â
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.Â
Curb cuts.
(2)Â
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.
A.Â
The awarding authority or awarding authority representative, if it
believes a default has occurred, can suspend immediately for up to
21 days a street opening permit by communicating such suspension to
any of the permit holder, licensed contractor, or any of their respective
representatives at the job site.
B.Â
The awarding authority may revoke a street opening permit granted
hereunder after notice and hearing if it shall reasonably determine
that a default has occurred. The permit holder shall be given not
less than five days' prior written notice of the time and place of
the hearing and shall have the opportunity at the hearing to present
evidence. Any person aggrieved by the decision of the awarding authority
may appeal such decision to the appropriate court of competent jurisdiction
or, to the extent applicable law provides, to the Department of Telecommunications
and Cable.
If a permit holder or licensed contractor shall be in default
as defined herein, the awarding authority may:
A.Â
Suspend or revoke the street opening permit as provided in § 235-23 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 the permit holder if the refundable deposit is insufficient or does not exist.
C.Â
Assert the Town's legal remedies.