Article II Trench Permits

[Adopted 4-28-2009 ATM by Art. 22[1]]

Editor's Note: This article was originally adopted as Art. IV of Ch. 212. It has been moved to this chapter to place it in the proper division of the Code (Division 1, Town Meeting Enactments).

§ 148-2 Compliance with state law and regulations.

No person shall cause to be made the excavation of a trench on public ways, public property or private property without having fully complied with the requirements of MGL c. 82A and 520 CMR 14.00.

§ 148-3 Permitting authority.

The Selectboard shall have the authority to appoint the permitting authority for the implementation of 520 CMR 14.00 and this permitting authority shall be responsible for the issuance of trench permits to any entity that performs trench excavation work in the Town of Whately. The fee for trench permits shall be established by the permitting authority subject to the approval of the Selectboard. This fee will be in addition to any fee designated under Article II of Chapter 212 of the Code of the Town of Whately, referring to trench cuts on public property.

§ 148-4 Enforcement.

This bylaw may be enforced by the Town of Whately police officers and the Highway Superintendent or his designee.

§ 148-5 Violations and penalties.

Any person who violates the provisions of § 148-2 of this bylaw shall be subject to a fine of $100 for each offense, each day of a continued violation being considered a separate offence. In lieu of enforcement through criminal proceeding, any enforcing person may, at his or her discretion, enforce this bylaw by noncriminal disposition in accordance with MGL c. 40, § 21D.