The Town Manager acting by virtue of the authority granted by Chapter
121, Licensing, Article
II, of the Code of the Town of Barnstable hereby adopts and makes the rules and regulations governing excavation and construction within the layout of a public way or public place controlled and maintained by the Town of Barnstable.
While public ways are established and maintained for the purpose of
facilitating communication and safe and unrestricted travel of persons and
vehicles of various types from one place to another within the Town, property
owners and public utilities may be granted authority to utilize portions of
a public way for certain other bona fide purposes such as access to their
property and the installation and maintenance of utility services and related
appurtenances. The rules and regulation set forth herein establish controls
and standard procedures for permitted excavation, construction, and reconstruction
within the layout of public ways and other public places in order to prevent
unnecessary or unacceptable interference with their intended use and to protect
the significant investment made by the Town in improving and preserving public
property.
For the purpose of these rules and regulation, the words and phrases
used herein shall have the following meanings except in those instances where
the text clearly indicates a different meaning:
APPLICANT
Any person, firm, partnership, association, corporation, company,
or organization of any kind, including public utilities, licensed to undertake
excavation, within the layout of a public way who applies for a permit to
excavate or in any way make a change to existing conditions within the layout
of a public way or in a public place within the Town.
DEPARTMENT
Town of Barnstable Department of Public Works.
DIRECTOR
The Director of the Department of Public Works of the Town of Barnstable.
The Director may delegate from time to time certain duties described in these
rules and regulations to designees who will act on his behalf.
EXCAVATION
Any opening in the surface within the layout of a public way or public
place within the Town made in any manner whatsoever, either planned or in
an emergency, or any disturbance of nonpaved areas to a depth greater than
one foot when done by means other than by hand digging except an opening in
a lawful structure below the surface of said locations the top of which is
flush with the adjoining surface and is so constructed as to permit frequent
openings without injury or damage to said locations.
LAYOUT OF PUBLIC WAY
The land encompassing a public way that has been laid out on a plan
showing the boundaries and measurements and accepted by the legislative body
of the Town or the county for purposes of easement of passage and dedicated
to public use or is otherwise recognized by the Town of Barnstable as being
a public way.
LICENSED CONTRACTOR
Any person, firm, partnership, association, corporation municipal
or private, company, or organization of any kind, including public utilities,
who or which is qualified and has appropriate equipment to do the type of
work described herein, and has been granted a license to do such work within
the Town by the Town of Barnstable Department of Public Works.
NEWLY CONSTRUCTED, RECONSTRUCTED OR REPAVED
Any road, bike path or other hard surfaced area which has been newly
constructed, reconstructed, or sealed within the last five years preceding
the date of application for permit.
PERMITTEE
Any person, firm, partnership, association, corporation, company,
or organization of any kind, including public utilities, who or which has
been granted a permit to undertake excavation or in any way disturb existing
conditions within the layout of a public way or in a public place within the
Town.
PUBLIC PLACE
Any parking lot, park, square, traffic circle, recreation facility,
plaza, or any other property, other than as defined as a public way, owned
or controlled by the Town and dedicated to public use.
PUBLIC WAY
Any highway, street, road, land, sidewalk, bike path, rotary or traffic
island within the layout of a way accepted by the legislative body of the
Town or of Barnstable County for easement of passage and dedicated to public
use or is otherwise recognized by Town of Barnstable as being a public way.
PUBLIC UTILITY
Any private company or corporation, quasi-municipal corporation,
or municipal organization that provides electric, water, gas, telephone, sewer,
natural gas, or cable television.
SUBSTRUCTURE
Any pipe, pipeline, sleeve, tube, main, conduit, tunnel, duct, service,
trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire,
tower, pole, guy wire, pole line anchor, cable, wire, junction box, and/or
any other material, structure, or object of any kind or character, whether
enumerated herein or not, which is or may be lawfully constructed, left placed,
or maintained in, upon, along, across, or under any public way or public place.
TOWN
The Town of Barnstable.
TOWN MANAGER
The chief administrative officer of the Town of Barnstable. The Town
manager may delegate from time to time certain duties described in these rules
and regulations to designees who will act on his/her behalf.
WORKING DAY
Monday through Friday, exclusive of legal holidays, between the hours
of 7:00 a.m. and 4:00 p.m.