[Adopted as amended 5-16-2012 by Order No. FY 12-146 (Ch. 662 of the 2002 Bylaws)]
No person, except the Director of Public Works in the performance
of usual duties, or, in cases of emergency, shall break or dig up
or cause to be broken or dug up the pavement or ground in any public
street, or any sidewalk or common in the Town, or erect or cause to
be erected any building or any staging for building, or other structure
thereof, or place or cause to be placed any materials, rubbish, goods,
wares, or merchandise or other articles or substance thereon, without
first obtaining from the Department of Public Works or Licensing Commission
a written permit or license delineating the space in the street or
other public place that may be occupied and the time allowed for such
occupancy, and such other provisions as it may deem best, and filing
with the Director of Public Works or Licensing Commission a written
agreement to comply strictly with the terms of the permit or license
and these regulations and to indemnify the Town from all loss, cost
or expense that it may suffer by reason of such occupancy. Excavation/Trench
permits, as well as ladder and staging permits, are reviewed and approved
by the Department of Public Works. A license to occupy space in the
street or other public space is reviewed and approved by the Licensing
Commission. Where a written license, as aforesaid, is required in
connection with the development of a priority development site (PDS),
as defined by § 200-2.1 of the Zoning Ordinance, an application
therefor shall be submitted simultaneously with any other permit application(s)
required by this Code, including the Zoning Ordinance, relating to
the use or development of land, buildings or structures and not otherwise
exempted by MGL c. 43D, and a decision thereon shall be rendered no
later than 180 days from said date of submission.
All department heads, persons or corporations owning structures,
poles, wires, conduits, pipes, etc., within the limits of the public
way within the Town shall, on or before the 15th day of March of each
year, file a statement with the Director of Public Works showing the
work proposed to be done by them requiring the opening of streets
during the ensuing year.
Whenever any street, lane, alley or sidewalk or other public
place in the Town shall, under any license granted, be dug up, obstructed,
encumbered, or otherwise thereby be rendered unsafe or otherwise inconvenient
for travel, the person licensed shall put up, and at all times keep
up, a suitable and sufficient railing or fence around the section
of the street, lane, alley or other public place so obstructed, so
long as the same shall be or remain unsafe or inconvenient as aforesaid,
and, if required by the Director, shall fit the safety fence with
one or more portable lights/lanterns and have them lit every night
from 1/2 hour after sunset to 1/2 hour before sunrise so long as such
railing or fence shall be kept standing or the obstruction remains.
The contractor shall also, within such time as the Department
of Public Works or Licensing Commission shall direct, repair such
street, lane or alley, sidewalk or public place, to the acceptance
of the Director of Public Works.
MGL c. 82, § 40A states that contractors making excavations
in public way are required to give notice thereof to public utility
companies.
A.
Anyone requiring a curb cut in an existing berm shall be required
to obtain an access permit from the Department of Public Works. Application
will be made at the Engineering Office of the DPW for processing.
Where an access permit is required in connection with the development
of a priority development site (PDS), as defined by § 200-2.1
of the Zoning Ordinance, an application therefor shall be submitted
simultaneously with any other permit application(s) required by this
Code, including the Zoning Ordinance, relating to the use or development
of land, buildings or structures and not otherwise exempted by MGL
c. 43D, and a decision thereon shall be rendered no later than 180
days from said date of submission.
B.
No curb cuts shall be allowed within 20 feet of an intersecting way,
said 20 feet being from the street line layout to the beginning of
the curb cut, and all curb cuts shall be constructed with a minimum
radius of five feet. The cost of the work shall be borne by the applicant
and any related work done by DPW shall be billed to the applicant,
if applicable. If work is done by a contractor, all work shall be
inspected by the DPW before completion. Notification to the DPW for
inspection is the responsibility of the contractor/owner.
No person, other than a direct employee of a public utility
company, as defined in MGL c. 25, § 3, shall, except in
an emergency, make an excavation in a public way unless at least 72
hours, exclusive of Saturdays, Sundays, and legal holidays, before
the proposed excavation is to be made, he/she has filed an excavation/trench
permit with the Department of Public Works and has given notice in
writing of the proposed excavation to such public utility companies
as supply gas, electricity, water or telephone service in the Town
or city in which such way is located. Such notice shall set forth
the name of the street, or route number of the way, and a reasonably
accurate description of the location in which the excavation is to
be made.
A.
Notice
requirements for emergency excavations. If such notice be given as
aforesaid because of an emergency, it shall be given as soon as may
be practicable.
B.
Filing
of notices. Copies of such notices, together with a statement certifying
that they have been mailed or delivered to such public utility companies
as provided by the preceding provisions of this article, shall be
filed with the officer or board having charge of any such public way
before a permit to excavate may be approved or issued, except in case
of an emergency.
C.
Excavations
as part of government contracts. Where an excavation is to be made
by a contractor as part of the work required by a contract with the
commonwealth or with any political subdivision thereof or other public
agency, for the construction, reconstruction, relocation or improvement
of a public way or for the installation of a railway track, conduit,
sewer or water main, such contractor shall be deemed to have complied
with the requirements of this article by giving one such notice setting
forth the location and the approximate time required to perform the
work involved to the Department of Public Works and to each of said
companies.
Proper return notice shall be made by said companies designating
the location, if any, of pipes or conduits in that portion of the
public way in which the excavation is to be made.
Any such excavation shall be performed in such manner, and such
reasonable precautions shall be taken, as to avoid damage to the pipes
or conduits in use under the surface of said way.
Nothing contained in this article shall be construed to affect
or impair local ordinances requiring permits to be obtained before
excavating in a public way, except that, notwithstanding any contrary
provision of local ordinances, no permit to excavate in a public way
shall be approved or issued by the officer or board having charge
of any such way, except in an emergency, until such time as copies
of notices to public utility companies are filed by the applicant
for a permit as required by this article.
Whoever violates any provision of this article shall be punished
by a fine of not more than $200 for the first offense and not more
than $500 for any subsequent offense.
No opening or excavation in any street shall extend beyond the
center line of the street before being backfilled and the surface
of the street temporarily restored.
No more than 250 feet measured longitudinally shall be opened
in any street at any one time.
All utility facilities shall be exposed sufficiently ahead of
trench excavation work to avoid damage to those facilities and to
permit their relocation if necessary.
A.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
benchmark shall not be removed or disturbed unless permission is first
obtained from the Director of Public Works.
B.
Permission shall be granted only upon condition that the permittee
shall pay all expenses incident to the proper replacement of the monument
by a professional land surveyor.
A.
When any earth, gravel or other excavated material is caused to roll,
flow or wash upon any street, the permittee shall cause the same to
be removed from the street within eight hours after deposit.
B.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Director of Public Works shall cause such removal,
and the cost incurred shall be paid by the permittee.
Access to private driveways shall be provided except during
working hours when construction operations prohibit such access.
Free access must be provided at all times to fire hydrants.
Work authorized by a permit shall be performed between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee
obtains permission from the Director of Public Works to do the work
at an earlier or later time. Such permission shall be granted only
in case of emergency.
A.
In granting any permit, the Director of Public Works may attach such
other conditions as may be reasonably necessary to prevent damage
to public or private property to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance.
B.
Such conditions may include but shall not be limited to:
(1)
Limitations on the period of the year in which the work may be performed.
(2)
Restrictions as to the size and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
The place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust, the cleaning of the streets,
the prevention of noise, and other results offensive or injurious
to the neighborhood, the general public, or any portion thereof.
(6)
Regulations as to the use of streets in the course of the work.
The contractor shall furnish all equipment necessary for opening,
excavating, and backfilling.
All labor and any material, exclusive of road patch, required
shall be furnished by the contractor.
The initial cutting of pavement shall be done in such a way
that a straight, even cut is made.
If the Department of Public Works cuts the pavement, the contractor
or owner will be billed for this work.
Tearing or ripping of pavement will not be permitted.
Open excavations shall be shored or benched as required by the
Occupational Safety and Health Administration of the U.S. Department
of Labor for protection of workers.
After an excavation is made in any roadway, the trenches or
opening may be filled with the original material to within 24 inches
of the road surface unless otherwise ordered by the Director of Public
Works.
If the work is done in cold weather, no frozen material shall
be used for backfilling.
Graveled material conforming to MDOT Specification Section M1.03.0
Type B shall be used to fill within one inch of the road surface.
All backfill shall be thoroughly compacted in six-inch lifts
by tamping, flooding, or vibratory means to reduce settling.
A.
After completion of all utility work, all edges shall be saw cut,
and the backfill shall be placed and mechanically compacted in six-inch
layers to within four inches of finished road surface. All backfill
material shall be acceptable to the DPW representative. If unsuitable
material is encountered, it shall be replaced with a gravel meeting
the approval of the DPW.
B.
Four inches of Class 1 dense binder per MDOT M3.11.03 shall be laid
and compacted in layers not to exceed two inches in depth; the compaction
equipment shall be of sufficient weight to obtain a density equal
to the surrounding pavement.
C.
This shall be considered as a temporary patch.
D.
In case of cold weather or when hot bituminous surface mix is not
available, a three-inch layer of cold patch may be applied and rolled.
E.
All openings with temporary patch shall be checked weekly, with additional
temporary patch being added if settling should occur.
A.
Permanent patch. The permanent patch shall not be applied until one
winter season has passed since the completion of the temporary patch,
and shall be then patched as follows:
(1)
The area to be repaired shall be swept clean to remove all loose
and foreign material.
(2)
A binder course of 2 1/2 inches compacted depth shall be placed
in accordance with MDOT M3.11.03.
(3)
A top course of 1 1/2 inches compacted depth shall be placed
and rolled to grade to match the surrounding surface and provide proper
drainage of the roadway.
(4)
The edges of rolled areas shall be sealed with suitable asphalt emulsion,
and sand shall be spread over the entire newly patched area.
(5)
The work area shall then be swept of all old and excess material
and left in a neat condition.
(6)
Permanent patches cannot be T- or L-shaped and must be rectangular.
Where keyholes occur less than 20 feet apart, patches must be continuously
cut and patched as a trench. Trenches greater than 100 feet running
parallel to the street line within the roadway must be patched the
entire lane width from center line to edge of pavement of a two-lane
road and the entire street width of a one-way road. All areas to be
patched beyond the limits of excavation shall be milled down 1 1/2
inches and tack coated prior to placement of hot mix asphalt.
[Added 2-20-2019 by Order
No. FY 19-090]
(7)
Permanent patches must be guaranteed for a period of two years with
no mounding, sinking or joint gaps. The DPW will inspect the patch
at the end of the two-year period. If the permanent patch is not holding
to specifications, it will be considered a failed patch. Failed patches
are the responsibility of the contractor to be replaced within six
months of a notice of failure. The DPW shall have the right to deny
future applications to any applicant who fails to repair a failed
patch within the six-month time frame.
[Added 2-20-2019 by Order
No. FY 19-090]
B.
It is recognized that asphalt manufacturing plants are not operating
during winter months. Therefore, during this period conventional methods
of temporary patching shall be used at the direction of the Director
of Public Works.
In cases where either brick or concrete subsurface or a stone
base is encountered and removed, it shall be replaced in kind or with
an equal amount of cement concrete topped with four inches of bituminous
concrete which shall be rolled.
Reinforcing rods may be required in certain instances as determined
by the Director of Public Works.
When concrete is required, the edges of the opening shall be
neatly cut back a minimum of six inches over undisturbed material.
A.
All information derived from Department of Public Works records relating
to the subsurface and other conditions, natural phenomena, existing
pipes, and other structures is from the best sources as presently
available.
B.
All such information is furnished only for the information and convenience
of contractors and is not guaranteed.
C.
It is agreed and understood that the Town of Greenfield does not
warrant or guarantee that the subsurface or other conditions, natural
phenomena, existing pipes or other structures encountered during construction
will be indicated in the Department of Public Works records.
D.
It is agreed further and understood that a contractor shall not use
or be entitled to use any of the information made available to him/her
or obtained in any examination by him/her in any manner as a basis
of or grounds for any claim or demand against the Town of Greenfield
arising from or by reason of any variance which may exist between
the information made available and the existing pipes or other structures
actually encountered during the construction work.
Violators of any of these regulations will be prosecuted.
