[Adopted 9-2-2003 by Ord.
No. 114 (Ch. 9, §§ 9-200 through
9-202, of the Codified Ordinances)]
The owner or owners of land which has been excavated shall erect
barriers or take other suitable measures to protect persons from injuries
or damages incident thereto 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.
A.
No person, except as directed by the Director of Public Works in
the performance of his duties, 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 ground in any public street, or any sidewalk or common
in the Town, or erect or cause to be erected any staging for building
thereon, or place or cause to be placed any materials or rubbish thereon,
without first obtaining from the Town Council a written license stating
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 said Council may deem best, and filing with the Director of Public
Works a written agreement under seal, approved by said Town Council,
to comply strictly with the terms of the license and to indemnify
the Town for all loss, cost or expense that it may suffer by reason
of such occupancy.
B.
All department heads, persons or corporations owning or maintaining
structures, poles, wires, conduits, pipes, etc., within the limits
of the public ways 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.
A.
Title: procedure to obtain a permit to cut way.
B.
Authority. This section is adopted pursuant to the authority of Article
89 of the Amendments to the Constitution of the Commonwealth, the
West Springfield. Home Rule Charter, and any other relevant statutes.
MGL c. 44, § 53E 1/2.
C.
Purpose. The purpose of this section is to provide a uniform method
for the issuance of permits to cut ways by the Director of the Department
of Public Works; to ensure the useful life of newly surfaced ways
is not unduly reduced by cuts; and to compensate the Town for the
cost to repair and administer the work performed.
D.
CONTRACTOR
CUT
DESIGNEE
DIRECTOR
LOCAL, COLLECTOR AND ARTERIAL ROADWAYS
WAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person or legal entity seeking authority to perform work
in the layout of a public or Town way.
Any man-made breaking of the paved surface of a way.
A person authorized by the Director, in writing, to act in
place of the Director under this section.
The Director of the West Springfield Department of Public
Works.
The definitions of local, collector and arterial roadways
as set forth in the most recent edition of the Massachusetts Department
of Transportation Design Manual are incorporated herein by reference.
A public or Town way.
E.
Procedure.
(1)
A contractor seeking authorization to cut a way must file an application
for a permit for the work to be performed with the Director.
(2)
The application shall be obtained from the Department of Public Works.
(3)
Any permit issued to cut a way that has been paved or resurfaced
within five years of the date of filing of the application for the
permit shall be subject to the following requirements:
(a)
The contractor must repair the cut with a permanent patch in
accordance with the written requirements established by the Department
of Public Works Director.
(b)
The contractor shall be responsible for any settlement or other
problems with the cut for one year from the date of the completion
of the work authorized in the permit. The contractor shall correct
any settlement or other problems as directed by the Department of
Public Works during the one-year time period.
(c)
Permanent repair of the cut shall be performed by a paving contractor
employed by the Town the following calendar year at the expense of
the contractor.
(d)
The contractor shall be provided with a statement of the cost
of the estimated permanent repairs, including pavement markings (plus
a 10% administrative fee), upon approval of the permit. A permit shall
be issued only after full payment of cost of permanent repairs and
the administrative fee has been paid to the Department of Public Works.
(e)
All payments received by the Department of Public Works shall
be placed in a revolving fund which is hereby established for the
Department of Public Works pursuant to the requirements of MGL c.
44, § 53E 1/2. Said funds shall be used by the Department
of Public Works for the resurfacing and remarking of ways or portions
thereof that are cut by contractors. The total amount that the Department
may expend in any fiscal year from said account shall not exceed $100,000.
The Director shall, not less than annually, transfer the administrative
expenses of the fund to the general revenue account to pay for the
Town's costs in administering this section.
(f)
The contractor shall replace or have replaced with temporary
markings all pavement markings affected by the permitted work. The
permanent pavement markings will be installed by the Town or its designee.
(g)
The contractor shall maintain insurance coverage as determined
by the Director and shall provide evidence of the same to the Director
prior to the issuance of a permit under this section. The contractor
shall have the Town added as additional insured on said insurance
policy and shall execute an agreement to indemnify and defend the
Town from all claims, costs and expenses, including attorney fees,
in connection with all claims made relating to the work performed
under the permit.
(h)
A contractor who violates any provision of this article shall
be prohibited for five years, from the date said violation is discovered,
from performing any work within a way in the Town.
(4)
Any permit issued to cut a way paved or resurfaced more than five
years from the filing of an application for the permit shall be subject
to the following requirements:
(a)
All pavement edges of the trench shall be saw cut with straight
vertical edges six inches from the edge of excavation. The edges shall
be kept clear of any foreign materials and tack coated before completion
of the permanent patch.
(b)
Backfill material shall be of a good quality as determined by
the Town's inspector. Excavatable flowable fill may be required if
determined necessary by the West Springfield Department of Public
Works. No frozen material shall be used as backfill.
(c)
Backfill material must be placed in lifts of eight inches and
10 inches and thoroughly compacted by mechanical compactors to a minimum
density of 95% for the full depth of the trench. Density tests may
be required by the Town. These tests will be done at the contractor's
expense.
(d)
Some roadways may have an original surface under the bituminous
concrete such as portland cement concrete or cobblestones. The Town
may require this portion of the roadway structure to be replaced with
portland cement concrete, excavatable flowable fill, bituminous concrete
and/or another material suitable for the repair. This will be dealt
with on a case-by-case basis.
(e)
The depth of gravel base shall be equal to the depth of gravel
excavated, but not less than 12 inches.
(f)
Local roadway.
[1]
A temporary patch may be warranted before a permanent patch
is laid. This will be determined by the Department of Public Works.
The top surface shall be covered with two inches of Type I-1 top course
and shall be maintained by the permittee until a permanent patch is
placed. The patch shall be such that all vehicular, bicycle and pedestrian
traffic can pass over it safely. Vehicles must be able to safely travel
over the patch at a speed equaling the posted speed limit plus five
miles per hour; or if there is no posted speed in the area of the
roadway cut, then a speed of 35 miles per hour shall be used.
[2]
The depth of the permanent patch shall be equal to the depth
of the existing pavement plus one inch. The permanent patch shall
consist of at least a two-inch base course of bituminous concrete
and a two-inch top course of Type I-1 bituminous concrete at a minimum.
Work shall be done in accordance with the current Massachusetts Department
of Transportation Standard Specifications for Highways and Bridges.
(g)
Collector and arterial roadways.
[1]
A temporary patch may be warranted before a permanent patch
is laid. This will be determined by the Department of Public Works.
The top surface shall be covered with three inches of Type I-1 top
course and shall maintained by the permittee until a permanent patch
is placed. The patch shall be such that all vehicular, bicycle and
pedestrian traffic can pass over it safely. Vehicles must be able
to safely travel over the patch at a speed equaling the posted speed
limit plus five miles per hour; or if there is no posted speed in
the area of the road way cut, then a speed of 45 miles per hour shall
be used.
[2]
The depth of the permanent patch shall be equal to the depth
of the existing pavement plus one inch. The permanent patch shall
consist of a four-inch base course of bituminous concrete and a three-inch
top course of Type I-1 bituminous concrete at a minimum. Work shall
be done in accordance with the current Massachusetts Department of
Transportation Standard Specifications for Highways and Bridges.
(h)
Police officers for traffic control will be required whenever
traffic must be diverted into the lane or lanes of opposing traffic
on the street or highway, to control access and/or egress for any
existing driveway being worked on or as deemed necessary by the West
Springfield Police Department or the Department of Public Works. This
must be coordinated with the West Springfield Police Department in
advance of the proposed work.
(i)
A representative from the Department of Public Works must inspect
the trench prior to backfilling and during the repair process.
(j)
The permittee is required to correct trench settlement and faulty
pavement repairs for a period of two years after the permanent patch
is placed. Any repairs will be done under the direction of the Department
of Public Works at the expense of the permittee.
(k)
The contractor shall maintain insurance coverage as determined
by the Director and shall provide evidence of the same to the Director
prior to the issuance of a permit under this section. The contractor
shall have the Town added as additional insured on said insurance
policy and shall execute an agreement to indemnify and defend the
Town from all claims, costs and expenses, including attorney fees,
in connection with all claims made relating to the work performed
under the permit.
(l)
A contractor who violates any provision of this article shall
be prohibited for five years, from the date said violation is discovered,
from performing any work within a way in the Town.
(m)
The contractor shall replace or have replaced all pavement markings
affected by the permitted work.
F.
The invalidation
of any section or portion of any section of this section shall not
affect the legality or enforceability of the remaining portions.
