(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.
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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.
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(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.
