[Adopted 4-27-2009 STM (Ch. 10, § 10-4, of the General Bylaws)]
[Amended 4-24-2023 ATM by Art. 16]
No person except the Highway Superintendent, or his designee, shall excavate through, in or under any street or sidewalk, or any way or part thereof, without first obtaining a written street opening permit from the Highway Superintendent. Such street opening permit shall be in a form and contain general conditions as developed and modified from time to time by the Highway Superintendent. Any excavation involving a public way shall be assessed a street opening fee to be used for future restoration and maintenance of the affected area.
A. 
Pursuant to the provisions of MGL c. 82A, the Town hereby adopts and incorporates by reference the regulations of the Division of Occupational Safety as promulgated under 520 CMR 14.00, as same may be from time to time amended. The purpose of this bylaw is to establish reasonable standards to protect the safety of the citizens of the Town of Groveland.
B. 
The Highway Superintendent, or his designee, shall serve as the permitting authority and may promulgate additional regulations consistent with such state enactments. The Board of Selectmen may vote to designate a reasonable fee to defray the cost of the issuance and administration of said permit.
[Amended 4-24-2023 ATM by Art. 16]
C. 
No person shall, except in an emergency, make a trench excavation in any public way, public property or privately owned land until a permit is obtained from the permitting authority, or his designee. The permit holder shall be responsible for obtaining the appropriate permit for the excavation of trenches for each project from the permitting authority, or his designee.
D. 
In the event a trench is determined to be unsafe and unattended, the Town's Highway Department shall take action to backfill, barricade or cover the trench; and the permit holder shall be assessed and be responsible to the Town for the costs associated with the action, including any overtime costs for Highway Department employees or the department-authorized contractors.
E. 
Whenever a permit holder is making multiple trenches over the course of a single project, the permitting authority, or his designee, may choose to issue a blanket permit allowing the permit holder to add to the list of trench locations as the permit holder becomes aware that a trench is required. The permit holder shall advise the permitting authority, or his designee, of the addition of each new trench.
F. 
If any of the foregoing provisions are held invalid, such invalidity shall not affect the validity of any remaining provision.