Town of Weymouth, MA
Norfolk County
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(a) 
Permit required; fee. No person or corporation shall make any excavation within the limits of any public way in the Town except upon and in accordance with the conditions of a permit to be issued by the Department of Public Works, such permit to be issued only upon written application stating the location and extent of the proposed excavation, and a fee as determined by the Director of Public Works shall be charged for each permit issued.
(b) 
Conditions of permit. It shall be a condition of each permit thus issued that the surface of the highway shall be restored to its original condition and at the expense of the person or corporation to whom the permit is issued; also that the person or corporation to whom the permit is granted shall indemnify the Town against all claims of all persons who may be injured in their person or property by reason of such excavation. The Director of Public Works may fix the time within which such permit shall remain in force and may prescribe what precautions shall be taken to guard the public against injury. Violation of any of the conditions of said permit shall render the same void.
(c) 
Maintenance of access to property required. No person having the authority to dig up or obstruct any street shall do so in a manner which does not leave reasonable access for persons and vehicles to property abutting on such street or which does not have a reasonable passage through the street for fire apparatus.
(d) 
Excavation of street. Whenever the Town of Weymouth undertakes the repair, resurfacing or other such improvement of streets, roads or sidewalks, the gas utility company shall provide for the maintenance and improvements of its service gate boxes. The service gate boxes located in the street, roads or sidewalks shall be repaired, replaced or otherwise identified, so that they are in good condition, easily accessible and raised to the proposed finish grade.
(e) 
Excavation of street by a public utility company or private contractor. Any public utility company or private contractor who excavates a utility trench in Weymouth over 100 continuous feet in length shall be required to complete the following:
1. 
Replace or cold plane/mill asphalt from the furthest street incision to the nearest shoulder or sidewalk on that street;
2. 
In no case shall the resurfacing be less than eight feet wide;
3. 
The replacement of the asphalt shall be compacted with a minimum one-ton roller to ensure that the street is at grade level with the other section of the street.
If final paving is not completed within 120 days of excavation, the applicant for the permit must submit an explanation in writing to the Director of Public Works as to why final paving has not been completed. Failure to comply with this section will result in the suspension of all future permits to the applicant until the street repair has been deemed acceptable by the Director of Public Works.
(a) 
Erection of barriers around excavations required. The owner or owners of land which has been excavated shall erect barriers or take other suitable measures to protect persons from damages incident thereto within five days after such owner or owners have been notified in writing by the Director of Public Works that such excavation constitutes a hazard to public safety.
(b) 
The penalty for violation of this section shall be $50 for each day on which the violation exists.
No private way, lane or alley shall connect with a public highway of the Town unless at its junction with each highway it shall have a sign reading "Private Way" or "Not a Public Way," provided that this provision shall not apply to such private driveways not exceeding 12 feet in width as have a gate, gateway or barway at their junction with the public highway or are otherwise so constructed and located that, in the opinion of the Department of Public Works, they cannot reasonably be mistaken for a public highway.
(a) 
Petition to be filed. All petitions for the acceptance of streets, new or otherwise, must be presented to the Department of Public Works for an inspection, review and report before being submitted to the Town Council. The petition shall include an application fee as established by the Director of Public Works in accordance with § 5-305 of these ordinances.
(b) 
Minimum width; exception. No street or way shall be laid out or accepted by the Town of Weymouth of a width less than 40 feet, unless the same shall have been actually opened and used for public travel prior to January 1, 1924, and is recommended and approved by the Department of Public Works.
(c) 
Compliance with specifications required. No street or way constructed through lands by the owners thereof shall be laid out or accepted or recommended by the Department of Public Works for acceptance as a public way or street of the Town of Weymouth unless previously constructed and completed to the subgrade in accordance with the latest specifications promulgated by the Department of Public Works and/or the Planning Board's Subdivision Rules and Regulations.
(d) 
Compliance with state law required; releases by property owners. Any street or way constructed through private land by the owners thereof in accordance with the specifications as referenced in § 8-408 may be laid out and accepted as a public street of the Town of Weymouth, provided that such action is taken in accordance with provisions of MGL c. 82, §§ 21 through 24, and provided also that the owners of at least 75% of the lands through which such street or way passes have signed releases of all property which the Town deems it necessary to acquire for such layout and have accepted and have granted sloping privileges.
(e) 
Plan and profile required; street specifications.
1. 
A plan and profile done in ink on Mylar 24 inches wide by 36 inches long at a scale of one inch to 40 feet of each street shall be submitted by the petitioners at the time application is made. The survey and plan work will be accomplished by a private registered engineer and registered land surveyor, and the cost of the work will be borne by the abutters and/or petitioners. The engineer and surveyor will design a satisfactory road grade and indicate the necessary water, sewer and drainage. They will set the necessary bounds as indicated by the Town Engineer. They will clear the plan with the Engineering, Highway and Water and Sewer Divisions of the Public Works Department as well as the Health and Building Departments, which, in approving the plan, will sign the Mylar in the appropriate spaces provided. A signature box for Planning Board and Town Council approval shall also be provided on the Mylar.
2. 
Such plan will show all physical characteristics of the street presented for acceptance, i.e., all property lines; the names of the respective owners as of a date not earlier than January 1 of the year in which the petition is filed; the correct locations of all buildings; all utilities (water, sewer and storm drainage; including profile views); all easements necessary for drainage, sewer or water mains; all stone bounds; all survey data necessary to lay out the street, including tangent lines at layout intersections and any other requirements for recording the plan at the Registry of Deeds. All elevations are to be based on Town of Weymouth elevation datum. A full detailed estimate of the costs necessary to bring the road into compliance with Town standards shall, simultaneously, be submitted to the Director of Public Works.
3. 
The deed reference, including Land Court certificate number where applicable, and sheet, block and lot shall be shown for each lot on the street.
(f) 
Exemptions and waivers. The Town Council may exempt or waive the local requirement of this section for any public street acceptance if, in the opinion of the Department of Public Works, it is in the best interest of the Town to do so.
The Department of Public Works shall be responsible for the installation and maintenance of traffic signs and the painting of curbings, crosswalks, center lines, warning signs, traffic markings, etc., on the streets of the Town.
(a) 
Obstructions restricted. No person shall place or cause to be placed any obstruction in any public street, footpath or sidewalk or suffer any such obstruction placed or controlled by him to remain for more than one hour after being notified by a police officer or the Director of Public Works to remove the same.
(b) 
Leaves. No person shall place leaves or cause leaves to be placed by raking onto any public way. Leaves are to be bagged for collection in accordance with the rules and regulations promulgated by the Department of Public Works. The penalty for violation of this subsection shall be $25 for each offense.
(c) 
Visibility at intersections. No person owning or controlling any property abutting upon two or more intersecting ways in the Town of Weymouth shall construct or maintain any fence or other structure, other than a building, or plant, grow or maintain any hedge, trees or other shrubbery of a height of more than three feet above the level of the adjoining way and within 35 feet of the nearest point of the intersection of such way, so that the same will obstruct the open view of travelers on each abutting way within said distance of 35 feet.
(d) 
Snow obstruction of public ways and sidewalks. No person engaged in the removal of snow shall, under any circumstances, cause said snow to be deposited so as to obstruct any public way or sidewalk. The penalty for violation of this subsection shall be $50 for each offense.
(a) 
Removal. Any vehicle on a public way in the Town interfering with the work of removing or plowing snow, or removing ice therefrom, may be removed by or under the authority of the Chief of Police to a public garage or any convenient place.
(b) 
Notice of removal. The Chief of Police shall give notice within a reasonable time of the place to which the vehicle has been moved to the registered owner of the vehicle.
(c) 
Payment of charges for vehicle redemption. The owner, before being permitted to remove the vehicle, shall establish his right to do so and pay to the Town or to the keeper of the place of storage the cost of removal and any storage charges resulting therefrom, not to exceed that fee established by the Department of Public Utilities of the Commonwealth of Massachusetts.
(a) 
In general. No street, road or highway in the Town shall be opened for installation of sewers, water mains, drains, public utilities or other purposes, except for emergency services, for five years after such street, road or highway has been reconstructed, rebuilt or relocated. Prior to reconstruction, rebuilding or relocation of any street, road or highway, the Department of Public Works shall notify the telephone, gas and electric companies not less than three months before actual work will be started.
(b) 
Notification of property owners. All property owners of occupied and unoccupied land along a street, road or highway proposed for construction or reconstruction shall be notified that said highway cannot be opened for a period of five years, except in a case of extreme emergency. Said notice shall be issued prior to construction or reconstruction.
(c) 
Specifications for various types of streets.
1. 
For all street openings on fully reconstructed streets, the following construction methods shall be mandatory (streets consisting of gravel subbase, penetrated stone and bituminous concrete surface):
a. 
Surface will be cut carefully with a suitable cutting tool (pavement blade with jackhammers or pavement saw);
b. 
All backfill will be gravel, tamped and consolidated in six-inch layers;
c. 
Puddling will be the final operation of backfill;
d. 
After puddling, pavement will again be cut a minimum of 12 inches beyond excavation and removed through to gravel subbase;
e. 
Six-inch slab of concrete will be placed in such a manner as to bridge trench;
f. 
Existing blacktop edges will be painted with tack coat emulsion;
g. 
Blacktop finish will be applied in two courses, giving a smooth joint;
h. 
Contractor or utility will notify the Department of Public Works prior to backfill operation, so that an inspector may be present. No backfilling will be accomplished without an inspector present.
2. 
For all street openings on Class A-1 and Class A streets, the following construction methods shall be mandatory (Class A and A-1 streets consisting of gravel base and bituminous concrete surface):
a. 
Surface will be cut carefully with a suitable cutting tool (pavement blade with jackhammer or pavement saw);
b. 
All backfill will be gravel, tamped and consolidated in six-inch layers;
c. 
Puddling will be the final operation on backfill;
d. 
Existing blacktop edges will be painted with a tack coat emulsion;
e. 
Blacktop finish will be applied in two courses, giving a smooth joint;
f. 
Contractor or utility will notify the Department of Public Works prior to backfill operations so that an inspector may be present. No backfilling will be accomplished without an inspector present.
3. 
For all street openings on streets built with penetrated stone, the following construction methods shall be mandatory (streets consisting of gravel base and penetrated stone):
a. 
Surface shall be cut carefully with a suitable cutting tool (pavement blade with jackhammer or pavement saw);
b. 
All backfill will be gravel, tamped and consolidated in six-inch layers;
c. 
Puddling will be the final operation on backfill;
d. 
After puddling, pavement will again be cut a minimum of 12 inches beyond excavation and removed through to gravel subbase;
e. 
Six-inch slab of concrete will be placed in such a manner as to bridge the trench and will be finished off flush with stone surface;
f. 
Contractor or utility will notify the Department of Public Works prior to backfill operations so that an inspector may be present. No backfilling will be accomplished without an inspector present.
All police details within the limits of public ways and sidewalks in the Town of Weymouth shall be performed by Weymouth police officers unless there are no available Weymouth police officers to perform such detail as determined by the Weymouth Police Chief or his designee.