[Adopted as Secs. 32-13 through 32-20 of
the 1963 City Code (Ch. 222, Art. III, of the 1980 Code)]
Any public official charged with constructing
or reconstructing the surface of any street or way with any type of
improved surfacing shall, before performing such construction or reconstruction,
give sufficient notice by publication in a daily newspaper published
in the City to all abutters on the portions of the street or way to
be improved, and to all persons whomsoever who may do work in or upon
such street or way, requesting them forthwith to execute any work
that they may then or in the near future plan or desire to do therein,
except in cases of emergency involving the necessity of immediate
action to preserve life or prevent bodily injury. The surface of such
street or way so macadamized or paved shall not thereafter for a period
of five years from the completion of such macadamization or paving
be opened or dug up without a special license therefor granted by
the City Council after the applicant has filed a bond of the kind
and in the manner hereinafter described.
[Amended 7-10-2007 by Doc. 76; 2-7-2023 by Doc. 5-N]
A.
Any person, other than an employee of the Haverhill Water, Wastewater or Highway Department working under the control and direction of the Haverhill Director of Public Works or street railway companies acting under MGL c. 61, § 69, desiring to break, disturb, dig or tear up the ground or pavement in any part of any public street or way, or any sidewalk or common in the City, for the purpose of laying any pipes, conduits or wires, or for any other purpose whatsoever, shall, except as otherwise provided in Chapter 141, Electrical Standards, first obtain a permit therefor from the City Engineer's office.
B.
Before such permit shall be granted, such person shall execute and
deliver to the City a bond in such form as the City Solicitor shall
approve and in such sum and with such surety as shall be satisfactory
to the City Engineer, such bond to be conditioned to indemnify and
save harmless the City from all costs, actions, suits and claims whatsoever
arising from any and all work authorized by such permit, and further
conditioned to guaranty the payment of all cost and expense of putting
the broken, disturbed, dug or tom up portion of such public street
or way, sidewalk or common in its original condition as hereinafter
provided·.
C.
Any permit granted under this section and § 222-11 shall be construed as authorizing the holder thereof to deposit and keep in a reasonable manner on the street, way, sidewalk or common on which work is to be done, during the progress of and for a reasonable time before and following the work, such supplies, pipes, accessories, tools, appliances and excavated material as may be necessary.
D.
A permit shall issue upon payment, based on the following fee structure:
(1)
National
grid (administration fee only per federal guidelines): $100
(2)
Obstruction, driveway or boring/well: $140
(3)
Excavation only or trench only: $180
(4)
Excavation and trench: $220
(5)
Final repair: $400.00
(6)
When the project/work consists of or includes an excavation extending
over 100 feet in length, this $400 fee will be replaced with a value
determined appropriate by the City Engineer.
E.
The City Engineer may issue rules and regulations regarding street
openings, which shall incorporate any requirements included in the
Code.
F.
Any person found to be working in violation of this shall be subject
to a fine of $300 per day for each violation.
[Amended 2-7-2023 by Doc. 5-O]
If the street, way, sidewalk or common in which
the excavation is made is unpaved or unimproved, the backfilling on
the line of excavation shall not exceed three inches in elevation
above the undisturbed grounds at sides bordering the excavation, and
the person making such excavation shall fill the same and shall be
responsible for any settlement in such backfilling and shall repair
the same whenever notified so to do by the City Engineer.
[Amended 5-5-1992 by Doc. 74; 2-7-2023 by Doc. 5-O]
If the street, way, sidewalk or common in which
the excavation is made has been paved or improved, then the person
making the excavation shall cause the same to be refilled, tamped
to a grade level with the underside of the existing paving or improved
surface bordering on such excavation. The paving or improved surface
shall be cut away to a width of one foot beyond the margin of the
original excavation, and the area so exposed shall be replaced to
a true grade and shall be of approved material, the top surface of
which shall consist of four inches of cement. The Superintendent of
Highways shall be notified a reasonable time in advance of the pouring
of the cement so as to enable him to supervise the surfacing. All
such finishing shall be done by workmen skilled in the preparation
and use of the particular type of paving or other substance to be
replaced. All such finishing shall be completed in accordance with
construction standards and infrared treatment standards as shall be
established and enforced by the City Engineer.
[Amended 2-7-2023 by Doc. 5-O]
All material used for backfilling shall be reasonably
free from stones, muck, rubbish or other unsuitable material, shall
be deposited in suitable layers and be either tamped or flushed with
water, or both, as may be required by the City Engineer. Backfilling
shall be prosecuted as the work progresses and shall be kept complete
up to such point of open excavation as shall be determined by the
Superintendent of Highways.
[Amended 2-23-1996 by Doc. 70; 5-21-1996 by Doc. 70-B; 2-7-2023 by Doc. 5-O]
A.
No person, other than a department of the City in the necessary performance
of its duty, shall occupy or obstruct any street, way, sidewalk or
common by erecting thereon any staging for building, or depositing
or storing thereon any material, wares or merchandise, except as otherwise
permitted by this Code, or any coal, wood, lumber, brick, stone, sand
or other construction material, or any ashes, dirt, rubbish or any
other substance, or obstruct or occupy any portion of any street,
way, sidewalk or common for the purpose of erecting, repairing or
moving any building or structure without obtaining a permit therefor
from the City Engineer.
B.
The permit shall state the space in the street or other public place
that may be occupied or obstructed and the time allowed for such occupancy
or obstruction and shall contain such other lawful restrictions and
regulations for the protection, convenience and safety of the public
as the City Engineer may deem necessary.
C.
Before such permit shall be granted the applicant therefor shall
execute and deliver to the City a bond in such form as the City Solicitor
shall approve and in a sum and with such surety as shall be satisfactory
to the City Engineer, such bond to be conditioned to indemnify and
save harmless the City from all costs, actions and claims whatsoever
arising from any and all work, occupation or obstruction authorized
by the license, and to be further conditioned to restore the street
or other public place so occupied or obstructed to its original condition
within the time specified in the license and to the satisfaction of
the City Engineer.
D.
If the surface of the street or public place is not to be disturbed
by the occupancy or obstruction under such a permit, the applicant
for a permit under this section may deposit with the City Engineer,
in place of the indemnity bond called for, a public liability insurance
policy approved as to form by the City Solicitor and issued by an
insurance company authorized to do business in the commonwealth insuring
the City for not less than a bond of $25,000 and additionally that
a $1,000,000 certificate of liability insurance shall be in place
and effect against all claims, loss, costs, damage to persons or property
and expense arising out of any action under such permit.
[Amended 2-7-2023 by Doc. 5-O]
Whenever any public street, way, sidewalk or common, under any license granted as provided in §§ 222-12 and 222-16, shall be broken, disturbed, dug or torn up or in any other manner occupied, obstructed, encumbered or rendered unsafe or inconvenient for travel, the person so licensed shall place and at all times maintain until the completion of the work or the termination of the occupancy or obstruction a suitable railing, barrier, warning sign or light around the portion of the street, way, sidewalk or common so opened, occupied, obstructed or encumbered and shall keep one or more lighted red lanterns placed in some safe and suitable manner through the whole of every night so long as such opening, occupation, obstruction or encumbrance shall continue.
[Amended 4-12-1988 by Doc. 81; 2-7-2023 by Doc. 5-O]
A.
The bond required by § 222-12 to be given by any person for the replacing in proper and safe condition of streets, ways, sidewalks or commons broken, disturbed, dug or torn up shall remain in force for five years after such work has been completed.
B.
Instead of the bonds required of any person under the provisions of all or any of §§ 222-11, 222-12, 222-16, 222-23 and 222-32 and Chapter 123, Buildings, Moving of, such person may, .by special arrangement with the City Engineer, file a blanket bond, so-called, in form approved by the City Solicitor, without surety or with surety satisfactory to the City Engineer. Such bond shall comprehend and include the various provisions of this Code under which permits shall be granted and to which permits it purports to relate as fully and completely as if a separate bond were given for each such permit, and the conditions thereof and the obligation of the principal and surety thereunder shall be in all respects the same as if separate bonds were given for each such permit, except that the aggregate amount of the bond may be less than the aggregate sums required according as the City Engineer may order or direct.
