[Adopted 5-15-2019 ATM by Art. 7 (Art. LVII of the Bylaw Compilation)[1]]
[1]
Editor's Note: This bylaw supersedes the former trench bylaw adopted 5-16-2015 ATM by Art. 23 (Art. LVI of the Bylaw Compilation).
A. 
Permits.
(1) 
Work requiring permits. Any excavator who intends to break any street or sidewalk surface or excavate any road or shoulder shall contact the Templeton Highway Department.
(2) 
Granting of permit. This permit will be granted if the proposed work is in the best interest of the Town and its inhabitants, is appurtenant to a building permit duly issued by the Building Inspector, or is in conjunction with the construction of a road shown on an approved subdivision plan. The permit is conditional upon the permittee’s willingness to abide by the specifications.
(3) 
Permit fees.
(a) 
Application forms for a permit hereunder are available from the Templeton Highway Department, 381 Baldwinville Road, Templeton, MA. The permit fee is $100. All fees are nonrefundable.
(b) 
Permit fees may be waived for projects that serve a public interest. Performance deposits are not waived in any instance.
(4) 
Plan approval. Plans or sketches showing the proposed work must be submitted with the application, and are subject to the approval of the Highway Superintendent or his designee.
(5) 
Interpretation of specifications. The Superintendent or his designee will be solely responsible for the interpretation of these specifications, and all work hereunder must be done to his satisfaction.
(6) 
Time limits. The Superintendent or his designee, in his judgment, may extend any time limit in these specifications if weather or other conditions beyond the control of the permittee have hindered the proper completion of the work.
(7) 
Inspection schedule. Routine inspections will normally be required at the following phases of construction; however, this schedule will be adjusted to fit the size and complexity of individual jobs. The Highway Department will generally provide only the minimum amount of inspection necessary to ensure reasonable compliance with these specifications. The contractor must notify the Highway Department at least 24 hours in advance of the following:
(a) 
Prior to the issuance of a permit hereunder, a site inspection with features such as road bounds, private property bound, stone wall, pavement sidewalks, trees.
(b) 
After the excavation and installation of the proposed utility and later during the compaction of backfill and installation of surface gravel.
(c) 
After installation of the temporary patch.
(d) 
After installation of the final patch.
(e) 
Prior to the release of the bond.
(f) 
At other specific times deemed necessary by the Superintendent or his designee.
(8) 
Emergency utility repair. Contractors may undertake emergency underground repair of their facilities without a permit when such repairs must be made at night or on weekends or holidays, provided that a permit is applied for on the first regular business day following the repair, and the company takes all reasonable measures provided for in these specifications for the care and safety of the public.
(9) 
Public safety. As required by MGL c. 82A, § 1 and 520 CMR 14.04, an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended.
B. 
Safety.
(1) 
General. The permittee, from the time the work commences until the work has been approved in writing by the Superintendent or his designee, shall be responsible for the safety of the public. Depending on the nature of the work, traffic control devices shall be applied.
(2) 
Detours. If the nature of the work requires the closing of all or a portion of a public way, the Police Chief must be contacted for proper traffic control.
(3) 
Warning devices. If the nature of the work requires the closing of all or a portion of a public way, the Police Chief must be contacted for proper traffic control.
(4) 
"Dig Safe". MGL c. 82, § 40[1] requires that contractors notify public utility companies at least 72 hours before any excavation in a public way. A telephone call to the Underground Plant Damage Prevention System "Dig Safe" satisfies this requirement. The "Dig Safe" job number assigned by the Underground Plant Damage Prevention System must be included on the permit application. A permit cannot be issued until the applicant demonstrates compliance with MGL c. 82, § 40.[2]
[1]
Editor's Note: See MGL c. 82, § 40A, Excavations; notice.
[2]
Editor's Note: See MGL c. 82, § 40A, Excavations; notice.
A. 
Preservation of physical features.
(1) 
All excavations and other work within the limits of a Town way will be conducted in a manner which will minimize damage or disruption to such features as stone walls, trees, fences, guard rails, etc.
(2) 
Working around public shade trees. Any work within the drip line of a public shade tree must be approved by the Templeton Tree Warden.
(3) 
New roads. The cutting of paved road surfaces less than five years old will not be permitted, unless approved by the Highway Superintendent or his designee.
(4) 
Seasonal limit for construction. No paved road surface may be cut between November 15 and March 15 except in the interest of public safety and convenience. The Highway Superintendent or his designee may issue a permit for an emergency repair to an existing facility.
B. 
Materials.
(1) 
Approval of materials. All materials used on construction within public ways shall be subject to approval by the Superintendent or his designee. This will include, but not be limited to, the size, type, and quality of pipe, the type of gravel backfill, the quality of the patching material, etc. Cold patch as a temporary or permanent patching material will not be allowed, except that between November 15 and March 15 it may be used for temporary patches on emergency cuts allowed under § 240-11A(8).
(2) 
Trenches. For the purposes of this bylaw, a "trench" shall be defined as an excavation which is narrow in relation to its length, made below the surface ground in excess of three feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at bottom, is no greater than 15 feet; and the words "excavator," "excavation," and "emergency" shall have the same meaning as defined in MGL c. 82, § 40.
(3) 
Pavement cutbacks. After excavation is commenced, the bituminous or concrete street or sidewalk surface shall be cut vertically in a line parallel to the center line of construction and approximately one foot wider on all sides than the excavation, using an approved power tool, to allow for trench excavation without further distributing[1] the road or sidewalk surface on either side of the trench.
[1]
Editor's Note: So in original; apparently should be "disturbing."
(4) 
Backfill. The backfill shall consist of the excavated material if it is declared suitable by the Superintendent or his designee. Backfill will be placed in successive layers of not more than six inches of compacted depth. If, in the opinion of the Superintendent or his designee, the excavated material is unsuitable, the applicant, in an approved location, shall dispose of the entire rejected material. In its place, the applicant shall bring in suitable fill material consisting of approved gravel or borrow, as directed. After thorough tamping around and beneath the utility, the six-inch layers of backfill will be thoroughly compacted as follows: if dry, it shall be moistened and then compacted by tamping with mechanical rammers, or by hand tampers having a tamping face not exceeding 25 square inches in area. The final 12 inches of backfill will, in all cases, consist of crushed gravel thoroughly tamped and made even with surrounding surface.
(5) 
Ready-mixed flowable fill. The use of ready-mixed flowable fill (or controlled low-strength material) as trench backfill of all pavement cuts in excess of 30 inches in depth is encouraged in all cases, especially for such cuts on numbered routes. The composition of the mix shall be approximately as follows: Cement 50 pounds to 75 pounds; sand 3,160 pounds; water 500 pounds to 560 pounds. Final cured material is to be excavatable and have a load bearing about the same as fully compact gravel. When this material is used, the final patch can be placed not less than 12 hours after the backfill is placed. If the final patch is not placed within 36 hours, a temporary patch according to Subsection B(6) shall be applied not less than 12 hours after the flowable backfill is placed.
(6) 
Patching requirements. After backfill is in place and satisfactorily compacted, the applicant shall apply at once a 1-1/2-inch temporary patch course over the entire excavated area (bituminous concrete Type I-1 hot top), to be left in place for at least one month and not more than three months, until no further settling can be reasonably expected. At that time, the applicant shall remove the temporary patch course. Any uneven edges of the existing pavement will be cut vertically with an approved power tool and tack coated with asphalt emulsion (RC-2). For oil-treated roads, the permanent patch must be three inches of bituminous concrete (Type I-1) in layers of 1 1/2 inches each. For bituminous-concrete -surfaced roads, the permanent patch must be four inches of bituminous concrete (Type I-1) laid in two courses, a 2-1/2-inch binder course and a 1-1/2-inch top course. If existing pavement is of a greater depth, the patch should be of the same depth. At no time should the bituminous concrete be laid in layers greater than 2 1/1 inches.[2] When the patch has been completed, the joints should be painted with RC-2 and sealed with sand.
[2]
Editor's Note: So in original; apparently should be "2 1/2 inches."
(7) 
Nights, weekends, and holidays. No trench shall be left open overnight or over weekends and holidays, and no unattended trench shall be left open at any time unless the applicant has implemented one of the safeguards described in 520 CMR 14.04.
(8) 
Accessibility. All driveways to homes and places of business shall be bridged and open to travel overnight.
(9) 
Shoulders; restoration of road shoulders. All road shoulders must be carefully returned to their original condition.
(10) 
Restoration of lawns. Lawns will be restored with a minimum of four inches of loam, fertilized, rolled, and seeded.
A. 
Performance deposits.
(1) 
Deposit amount. All permits issued hereunder shall require a certified check in the amount of $1,500 to be deposited in an escrow account as a guarantee to abide by these specifications.
(2) 
Special deposits. Street cuts over 30 feet in length or significantly larger in scope than usual shall be secured by a larger amount, determined by the Highway Department Superintendent or his designee. However, the minimum deposit shall be $1,500. Letters of credit will be accepted only for amounts exceeding $10,000 and must be approved by the Superintendent.
(3) 
Deposit release. When permanent patching, reloaming, and seeding, and all work required by the permit issued hereunder have been approved in writing by all the Superintendent or his designee, the Town will refund to the applicant the amount of the deposit, less any amounts as noted below.
(4) 
Deposit forfeiture. In the event an applicant defaults its obligations as outlined in this bylaw and Town personnel or equipment must be utilized to make emergency repairs or to complete unfinished work required by the permit issued hereunder, the cost of such repair or work will be deducted from the deposit. A standard multiplier of 2.5 will be applied to all labor and material costs to determine the amount to be deducted. If the repair or completion cost exceeds the amount of the deposit, the applicant must pay the difference to the Town of Templeton. The utilization of Town personnel or equipment shall take place in accordance with the appropriations process outlined in MGL c. 44, § 53.
B. 
Insurance requirements. A certificate of insurance indemnifying the Highway Department against claims for injury, death, or property damage during construction, and naming the Town as an additional insured, must be filed with the permit application. The limits shall conform with the following schedule:
(1) 
General.
(2) 
Workmen’s compensation and employer’s liability.
(3) 
Insurance in compliance with statutory limits.
(4) 
Comprehensive general liability insurance, each occurrence and aggregate amount.
(5) 
Automobile liability insurance.
(6) 
Bodily injury, each person/each occurrence.
(7) 
Property damage, each occurrence.
A. 
Expiring of permits. If after three months from the date of the permit the repair to the Town way is not completed according to these specifications and to the satisfaction of the Superintendent or his designee, the permittee will be notified in writing by the Superintendent or his designee that the permit has expired. If no action is taken by the applicant to complete the unfinished work within 30 days of the date of the written notice, the Highway Department will then complete the necessary work in any manner deemed appropriate and deduct from all deposits all costs of completing the work in accordance with these specifications.
B. 
Emergency repairs. If at any time during the life of the permit the permittee allows the construction to exist in a condition dangerous to users of the road, then the Superintendent or his designee may, without written notice to the permittee, make the necessary arrangements to correct the unsatisfactory condition. The cost of such work will then be deducted from the deposit in accordance with § 240-13A(4) of these specifications at the time the deposit is refunded.
C. 
The Highway Superintendent or his designee has the authority to refuse a permit if a contractor violated these specifications on previous construction sites.
By signing the application the applicant understands and agrees to comply with the following:
A. 
No trench may be excavated unless the requirements of MGL c. 82, § 40 through § 40D, and any accompanying regulations, have been met, and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit, including, but not limited to, the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in MGL c. 164, § 76D (DIG SAFE).
B. 
Trenches may pose a significant health and safety hazard. Pursuant to MGL c. 82, § 1,[2] an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said safety department in order to make every reasonable effort to eliminate said safety hazards, which may include covering, barricading or otherwise protecting open trenches from accidental entry.
[2]
Editor's Note: See MGL c. 82A, § 1.
C. 
Persons engaging in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et seq., entitled "Subpart P, Excavations."
D. 
Persons engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to Chapter 146[3] shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced.
[3]
Editor's Note: See MGL c. 146, § 1 et seq.
E. 
By applying for, accepting, and signing this permit, the applicant hereby attests to the following:
(1) 
That they have read and understand the regulations promulgated by the Department of Public Safety with regard to construction-related excavations and trench safety;
(2) 
That they have read and understand the federal safety standards promulgated by the Occupational Safety and Health Administration on Excavations: 29 CMR 1926.650 et seq., entitled "Subpart P, Excavations," as well as any other excavation requirements established by this municipality; and
(3) 
That they are aware of and have, with regard to the proposed trench excavation on private property or proposed excavation of a city or Town public way that forms the basis of the permit application, complied with the requirements of MGL c. 82A, § 40 through § 40D.[4]
[4]
Editor's Note: See MGL c. 82, § 40 through § 40D.
F. 
This permit shall be posted in plain view on the site of the trench. For additional information, please visit the Department of Public Safety’s website at www.mass.gov/dps.
[1]
Editor's Note: See now 520 CMR 14.00, Excavation and Trench Safety.