[HISTORY: Adopted by the Town Meeting of the Town of Ayer 6-15-2020 ATM by Art. 32. Amendments noted where applicable.]
A. 
Permit required. No person shall perform any work requiring the opening of the road surface or work within the right-of-way of a public way, way approved pursuant to subdivision control procedures,[1] or any existing way which the Town is obligated to maintain, without first obtaining a street opening permit as herein provided.
[1]
Editor's Note: See Ch. 440, Subdivision Regulations.
B. 
The fee for a street opening permit shall be established by the Select Board pursuant to MGL c. 40, § 22F, and a schedule of said fees shall be kept on file at the Department of Public Works and with the Town Clerk.
A. 
Permit required. No person shall construct, alter, relocate or resurface a driveway or accessway (exclusive of sealing, sealcoating, and patching) which provides vehicular access to or egress from a Town road, public way, way approved pursuant to subdivision control procedures,[1] or any existing way which the Town is obligated to maintain without first obtaining a driveway/accessway permit as herein provided.
[1]
Editor's Note: See Ch. 440, Subdivision Regulations.
B. 
Any person constructing, altering, or relocating a driveway or accessway servicing a single- or two-family dwelling shall obtain a driveway/accessway permit, but shall not be subject to the remaining provisions of this bylaw with respect to insurance and bonds.
C. 
The fee for a driveway and accessway permit shall be established by the Select Board pursuant to MGL c. 40, § 22F, and a schedule of said fees shall be kept on file at the Department of Public Works and with the Town Clerk.
The Select Board and/or the Planning Board shall adopt and may from time to time amend reasonable regulations in order to facilitate the proper operation of this bylaw, the safety of persons, the protection of public and private property, and regulate the work carried out under permits issued pursuant hereto.
[1]
Editor's Note: See the regulations in Ch. 438, Street and Driveway Openings.
Any requests for waivers shall be directed to the Select Board, which shall have the authority to grant or deny said requests, in light of the purposes of this bylaw and public necessity.
A satisfactory bond of a surety company authorized to do business in the Commonwealth of Massachusetts, in a sum required by the Select Board or the regulations, conditioned substantially that the applicant shall guarantee the faithful and satisfactory performance of the work in all respects, and shall replace or restore that portion of any public way in which said applicant, his employees or agents make an excavation, shall be required from any permittee hereunder. Bonds from utility companies that are self-insured will be acceptable if the terms and conditions are similar.
Liability for damage to private property abutting the construction and caused by permittee, his agents or servants shall be borne solely by the permittee performing the work. The application for any permit and the issuance of a permit thereunder shall constitute an agreement between said permittee and the Town of Ayer, whereby the permittee shall indemnify, hold harmless and defend the Town of Ayer against any and all claims for damages for injuries to or death of persons or injury or damage to property, and against all costs, suits, expenses and losses occasioned by or arising from said permittee or his agents or servants entering upon the public ways of the Town and from occupancy and use of said public ways for purposes of construction, disturbance of the surface of a public way, or reconstruction or paving of a driveway, and said permittee shall further be required to provide a policy or policies of insurance issued by a company authorized to issue such insurance in the Commonwealth of Massachusetts, providing bodily injury liability coverage and property damage liability coverage with limits as required in the regulations. The Town of Ayer shall be named as an additional insured in such policies.
The Department of Public Works Superintendent or agent reserves the right to inspect the proposed site before, during and after construction. The Select Board may establish reasonable fees for applications and inspections.
A. 
This bylaw shall be enforced by the Select Board or its designated agent, and may be enforced by noncriminal disposition pursuant to the Noncriminal Disposition Bylaw[1] and MGL c. 40, § 21D.
[1]
Editor's Note: See Ch. 1, General Provisions, Arts. 1 and 2.
B. 
Any person who violates or refuses to comply with any provision of this bylaw or with any order or orders hereunder promulgated shall forfeit and pay to the Town of Ayer a sum of $300 for each violation.
C. 
Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate violation of this bylaw.
A. 
Nothing in this bylaw shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or the location of trouble in conduit, cable, or pipe, or for making repairs, provided that the person making such excavation shall first obtain the authorization of the Superintendent of Public Works, and shall apply for an emergency permit on the first working day after such emergency work is commenced.
B. 
The person engaged in emergency action shall notify the Department of Public Works, Police Department and Fire Department of the Town and any pertinent public utility companies at the start of the emergency work.
All provisions of this bylaw, insofar as possible, shall be read and construed to be consistent with other existing bylaws or rules and regulations of the Town. Insofar as there are or appear to be inconsistencies in such regard, the provisions of such other existing bylaws or rules and regulations shall be deemed insofar as permissible by law to be inapplicable, but only to the extent that they bear directly upon permits issued therefor pursuant to this bylaw.