For purposes of this article, the term "Commissioner of Public Works" shall mean the incumbent in such office and any Deputy Commissioner who has been designated by the Commissioner to act in his absence under § 243-32.
[Amended 2-24-2009]
No person shall open a trench in, or disturb
the surface of, any street or way, or any way or proposed street in
a proposed subdivision, for any of the following purposes, but not
restricted thereto, until a permit therefor is granted by the Commissioner
of Public Works or his/her designee in writing, except in an emergency
as determined by the Commissioner of Public Works: installing or maintaining
any duct, conduit, sleeve, pipe or other structure to be used for
the distribution or carrying of sewage, surface water or stormwater,
potable water, brook or watercourse, gas, oil or any of its by-products
in any form, electrical power or service, or telephone or telegraph
service, and/or constructing or repairing any type of sidewalk, driveway,
wheelchair ramp and/or curb, granite or otherwise. This section does
not apply to the placing or replacing of poles. The Commissioner of
Public Works in the City of Lowell, or his/her designee in writing,
is hereby designated and authorized to issue trench excavation permits
pursuant to MGL c. 82A, § 2.
A.
Permits will be issued only in accordance with this article to the owners of the utility or the utility company by whom the utility installation is wanted, or others as described in § 243-32, or to their duly authorized agents only; no permit shall be issued to the contractor. All work covered by a permit shall commence within one month of the date of issuance of such permit and be pursued diligently until completed. Time of completion shall be stated in the permit, and upon expiration of such time a new permit will have to be issued under conditions and terms as required by this article and its amendments in effect at the renewal date. For the purpose of this article, a cable television company or corporation shall be considered a utility.
B.
The owners of the utility or utility company or others as described in § 243-32 shall exercise this permit subject to all the rules and regulations made from time to time by the Department of Public Works and the State Department of Public Utilities, and nothing in this permit shall be construed as authorizing any installations or maintenance thereof except in strict conformity with all federal, state and municipal laws, ordinances and regulations.
[Amended 2-24-2009]
Prior to issuance of a permit, all of the following requirements
must be rigidly observed:
A.
Any application
for a permit under this article shall be accompanied by a plan meeting
the following specifications:
(1)
A plan
of the proposed work and installation showing location of the work
in reference to existing utilities and structures, such as sanitary
sewers, storm sewers and drains, and any locatable utility installations,
property and street right-of-way lines, bounds and any other necessary
physical features, such as curblines and water and gas gates.
(2)
Offset
lines or ties from locatable or relocateable points must be shown;
for example, bound points and property lines.
(3)
Cross
sections and details of proposed conduits, structures, etc., must
be shown.
(4)
Construction
standards as hereinafter detailed must be visually detailed or inscribed
on the plan.
(5)
Details
of outsized structures, including manholes or vaults, must be shown.
B.
Plans must
be stamped and signed by a registered land surveyor or a registered
professional engineer. This requirement may be waived by the City
Engineer for less complex projects.
C.
Plan sizes
shall be a minimum of 8 1/2 inches by 11 inches and a maximum
of 24 inches by 36 inches.
D.
Each plan
shall have three-fourths-inch borders.
E.
The minimum
letter size on plans presented for review shall be 1/8 inch.
F.
Each plan
presented for review shall include a graphic scale.
All applications and work to be done under any
permit issued under this article must meet with the approval of the
Commissioner of Public Works.
The issuance of the permit to an individual, utility or the utility company or its agent, or others as described in § 243-32, shall constitute an agreement with the City whereby the utility or utility company or its agent shall indemnify and save harmless the City against all claims for damages for injuries to persons or property, and against all costs, suits, expenses and losses occasioned, arising from entering streets or ways, and from occupancy and use of such streets or ways, and further agree to pay all costs and damages which may be recovered against the City by reason of entering such streets or ways, or on account of occupancy of such premises, and the permittee shall further be required to provide insurance therefor unless otherwise determined by the Commissioner of Public Works.
No work shall begin or continue in any street
or way unless the permit legally and duly issued, or a duplicate copy,
is on the site, and such permit shall be shown to any police officer
or other authorized municipal person upon request thereby.[1]
If deemed necessary by the Commissioner of Public
Works or his representative, a baseline or center line of construction
for both vertical and horizontal control of the work will be established
prior to construction by a registered land surveyor. This baseline
or center line will be shown on final construction plans. No variation
from the baseline or center line of construction shall be made unless
written permission is given by the Commissioner of Public Works or
his representative. All plans are to be submitted to the City Engineer's
office for review prior to issuance of permit.
When the proposed location of an installation
is in a sidewalk area or in any other location where accuracy of bounds,
boundary points, property markers, etc., may be jeopardized, the Commissioner
of Public Works shall require that a registered land surveyor locate
and properly reference tie all such points prior to construction.
Upon completion of all construction, the bounds, boundary points,
property markers, etc., will then be checked against the reference
ties and any variation of such points will be duly recorded by the
registered land surveyor. A legible copy of all field notes and ties
recorded by the registered land surveyor, upon completion of his work,
shall become the property of the Deputy Commissioner of Public Works
for engineering. Original field notes are to be available for examination
by representatives of the City Engineer's office upon request.
Where required by the Commissioner of Public
Works, the roadway or sidewalk pavement is to be saw cut to neat,
true lines as directed.
[Amended 2-24-2009]
Trench walls shall be stabilized using trench
boxes or sheeting to meet OSHA standards. This stabilization shall
not exempt the trench from 520 CMR 14.00, Excavation and Trench Safety
Regulations.
Extreme care shall be taken so as not to disturb
any public or private sanitary or storm drain system, and the utility
or utility company shall be liable for repair of any damage to the
same, to the satisfaction of the Commissioner of Public Works. All
records of public and private sanitary and storm drains on file in
the City Engineer's office will be made available prior to planning
and/or construction of any subsurface project. The construction and
reconstruction of any City catch basin or manhole shall be in accordance
with the details and materials shown on the City standard drawings.
When work is performed adjacent to granite curbing,
extreme care is to be taken to ensure that curbing remains undisturbed
both horizontally and vertically. Curbing which has been chipped,
marred or cracked during construction shall be replaced when so directed
by the Commissioner of Public Works or his representative. Disturbed
curbing shall be reset to line and grade by accepted methods. The
utility and utility company shall be held responsible for any settlement
or horizontal movement of granite curb due to washout or trench settlement
after completion of construction for a period of time acceptable to
the Commissioner of Public Works.
Liability for damage to private property abutting
the construction and caused by the permittee, his agents or servants
shall be borne solely by the utility or utility company performing
the work.
A.
All work to be performed under this article shall
be done between the hours of 7:00 a.m. and 8:00 p.m.; provided, however,
that different work hours for the performance of such work may be
agreed upon or required for good cause by the Commissioner of Public
Works, and such requirement shall be stated in writing at the time
of issuance of the permit. No Saturday or Sunday work will be allowed
unless an emergency or accommodation situation arises and permission
is given by the Commissioner of Public Works. Such permission may
be granted orally; however, a written confirmation that such permission
has been granted shall be made by the Commissioner of Public Works
as soon as practicable.
[Amended 2-24-2009]
B.
In regard to Saturday work, the Commissioner of Public
Works shall determine whether an emergency or accommodation situation
exists. An emergency is an unforeseen combination of circumstances
which calls for immediate action; a pressing necessity.
An inspector may be assigned to any project,
if deemed necessary by the Commissioner of Public Works. The fee and
incidental expenses of the inspector shall be borne by the permittee
unless otherwise determined by the Commissioner of Public Works.
[Amended 2-24-2009]
Written notice of 48 hours given to the Commissioner
of Public Works prior to commencing construction is required with
verification of receipt of such notice. This notification shall be
sent to the Commissioner of Public Works and shall contain the name
and address of the contractor or party that is to perform the work.
[Amended 2-24-2009]
The excavation is to be kept as neat as existing
conditions permit, and not more than 150 feet of attended trench shall
be left open at any time during working hours. Unattended trenches,
as defined in 520 CMR 14.02, shall be covered or barricaded in accordance
with said regulations.
A.
To protect the general public, unattended trenches,
as defined in 520 CMR 14.02, shall be covered or barricaded in accordance
with said regulations.
B.
All safety precautions and regulations as outlined
in the Commonwealth of Massachusetts Rules and Regulations for the
Prevention of Accidents in Construction Operations, Department of
Labor and Industries, Division of Industrial Safety, and any amendments
thereto, shall be enforced by the Commissioner of Public Works.
[Amended 12-23-2008]
A.
Any snow or ice condition that may occur during construction
must be properly controlled through sanding, salting or plowing to
points 200 feet beyond either end limits of the construction area,
unless otherwise decided by the Commissioner of Public Works or his
representative.
B.
No excavation, trenching, etc., shall be allowed in
any street or way, accepted or unaccepted, or proposed street or way
between December 1 and April 1, except in the case of an emergency,
which shall be determined by the Commissioner of Public Works.
All excavated material shall be discarded unless
otherwise suitable, and if not suitable shall be replaced with the
following material acceptable to the Commissioner of Public Works
or his agent or equivalent: namely, three-fourths-inch to one-half-inch
crushed gravel stone for the bed and crushed processed gravel above
the item placed in the excavation to be standard. Any excavated materials
not required or not suitable for backfilling shall be removed from
the site of the work and disposed of by the permittee. The permittee
will not be allowed to store excess excavated material on the public
highways. All excavated material which is not to be used in a reasonable
amount of time as determined by the Commissioner of Public Works or
his representative for backfilling shall be carted away and stored
until such time as the material is to be used for backfilling.
The contractor shall be held responsible for
all discarded materials, rubbish and debris that are dumped or fall
within the limits of the excavation project. Such materials shall
be removed from the site and disposed of at his own expense.
The contractor shall furnish and apply calcium
chloride as a dust-control material at all locations where ordered
by the Commissioner of Public Works or his representative. Calcium
chloride shall be uniformly applied either by hand methods or by approved
spreading devices at a rate of no more than one pound per square yard.
Uniformed police shall be present to maintain
two-way traffic in the roadway whenever deemed necessary by the Commissioner
of Public Works and the Superintendent of Police. Police officers
will be paid directly by the utility.
Pavement, fire hydrants, catch basins and sidewalk
areas shall be kept reasonably clear of excavated materials. Pedestrians
must be able to walk by or a boardwalk must be constructed over any
excavation authorized under this article.
Proper access at all times should be maintained
to both public and private property, with all driveways and streets
to be opened at night. In cases where necessity requires a street
be kept open overnight, express permission from the Commissioner of
Public Works and notification of the Police and Fire Departments will
be necessary.
[Amended 2-24-2009]
The trench shall be mechanically or hand-tamped
in six-inch lifts, a minimum of two feet above the utility installation,
and the remainder of the fill mechanically tamped in lift depths as
directed. Copy of compaction test results are to be filed with the
City Engineer's Office.
[Amended 2-24-2009]
Control density fill (flow fill) is to be used
as backfill material in all right-of-way (ROW). The City Engineer's
office may waive this if satisfactory compaction test results are
provided.
A.
Class A roadways in summer.
(1)
In the pavement area, the trench shall be backfilled
with process gravel from a depth of 20 inches to four inches below
the pavement grade and a four-inch bituminous concrete temporary patch
laid for a period of 60 days. At this time the trench shall be excavated
to a depth of eight inches. The pavement shall then be cut in a neat,
true line at all vertical plane limits of the trench within the roadway
and a six-inch slab of Class F, 3,500 psi, high early cement concrete
constructed in the trench areas. The concrete is to set for 24 hours,
at which time the pavement shall be restored with two inches of bituminous
concrete Type I, consisting of a one-inch base course and a one-inch
top course graded to meet the existing pavement.
(2)
Class A roadways shall be considered as main arteries
in the City, state routes, roadways which fall under MGL c. 90 jurisdiction
and any newly resurfaced roadway and any other roadway considered
in Class A condition by the Commissioner of Public Works or his representative.
B.
Class A roadways in winter. In the pavement area,
the trench shall be filled with suitable unfrozen material to a point
20 inches below roadway grade. Sixteen inches of process gravel shall
then be placed over the compacted fill and four inches of temporary
patch shall be placed and maintained by the utility or utility company
for the remainder of the winter months. In the spring, when the ground
is frost free, the trench shall be excavated to a depth of eight inches.
The pavement shall then be cut in a neat, true line at all vertical
plane limits of the trench within the roadway and a six-inch slab
of reinforced Class F, 3,500 psi, high early cement concrete constructed
in the trench areas. Reinforcing shall be No. 5 bars at six inches
on center running in the direction of the trench. The bars shall be
set a minimum of two inches above the lower limit of the concrete
and no more than three inches above the same plane. After the concrete
has set for 24 hours, the pavement shall be restored with two inches
of bituminous concrete Type I, consisting of a one-inch base and a
one-inch top course to meet pavement grade.
C.
Reinforced concrete pavement. If reinforced concrete pavement is encountered during repair work or installation of service laterals, reinforcing bars will be cut at the center and bent as necessary during the work. Patching procedure will be as described in Subsections A and B. When concrete is to be placed, bars will be bent to original position and the full depth of cement concrete pavement restored with high early strength air-entrained concrete. No burning or cutting out of reinforcing bars will be allowed. On new construction running longitudinally in roadway, reinforcing bars may be removed entirely from the excavation. Old bars may be reused if, in the opinion of the Commissioner of Public Works or his representative, they are serviceable, otherwise new reinforcing will be installed. The resetting or replacing of reinforcing bars will be made in accordance with acceptable construction standards.
Sidewalk repaving or replacement must follow
as close behind installation as conditions permit. Excessive linear
footage of sidewalk left unrepaired will not be allowed
A.
When excavation work is performed in sidewalk areas,
the entire sidewalk will be replaced or newly constructed as follows:
(1)
Bituminous concrete sidewalks. The entire trench area
shall be thoroughly compacted to a point nine inches below the finish
grade and shall be dry, uniform and unyielding. Six inches of compacted
process gravel subbase shall then be placed, except at driveways where
an eight-inch subbase shall be used. Forms shall be installed where
deemed necessary to assist in securing proper alignment and adequate
compaction of the base and surface courses. The bituminous concrete
shall then be laid in two courses to a depth of three inches, each
course consisting of 1 1/2 inches. The walk shall have a pitch
of 3/16 of an inch per foot of width to provide for proper drainage
toward the gutter. The surface of each course shall be rolled with
a self-propelled tandem roller weighing not less than 1 1/2 tons
nor more than five tons. In places not accessible to a power roller,
compaction shall be obtained by means of hand tampers weighing not
less than 50 pounds and having a tamping face not exceeding 100 square
inches.
(2)
Concrete sidewalks. The entire trench area shall be
thoroughly compacted to a depth of 10 inches below finish grade and
shall be dry, uniform and unyielding. Six inches of compacted process
gravel subbase shall then be placed, except at driveways where the
depth shall be eight inches. Side forms and transverse forms, when
in place, shall be smooth, true to line and grade, of sufficient strength
to resist springing out of shape and of a depth to conform to the
thickness of the proposed walk. The forms shall be clean, well-stacked,
properly based and set to the established lines, with the upper edge
conforming to the grade of the finished walk, which will have sufficient
pitch to the roadway edge of walk to provide for proper drainage,
but not to exceed 1/4 of an inch per foot. All forms shall be oiled
before placing concrete to a depth of four inches, except at driveways
where the depth of concrete shall be six inches. Voids shall be eliminated
by thoroughly spading concrete during the pour. Pour sequence shall
be every other slab set at thirty-foot limit. Cement concrete shall
be air-entrained and have a minimum compressive strength of 2,500
pounds per square inch, except at driveways where it shall be 3,500
pounds per square inch, after 28 days from when it was poured. Score
lines should be placed so blocks are of equal areas not less than
12 square feet nor more than 36 square feet and 1/4 inch maximum depth.
Concrete shall be tooled at all form edges, edgestones, manholes,
catch basins, and all obstructions. Floating, trowling and brushing
are as designated by the City Engineer. A liquid membrane curing compound
is to be sprayed on immediately following the final finishing. A second
coat should follow 30 minutes later. There shall be adequate rain
protection until the compound dries. Protection from traffic shall
be for three consecutive days.
(3)
Brick sidewalks. The entire trench area shall be thoroughly
compacted to a depth that will ensure a solid base for the type and
characteristics of the brick sidewalk to be constructed, e.g.:
(a)
Rigid brick pavers (mortared in place): the
entire trench area shall be thoroughly compacted to a point 15 1/4
inches below the finish grade. Six inches of compacted process gravel
subbase shall then be placed, except at driveways where the depth
of gravel (in all forms of sidewalks) shall be eight inches. Six inches
of rigid concrete base slab (Class D 2500) shall then be placed and
shall be reinforced as required by the Commissioner of Public Works
or his duly authorized representative. A one-inch wet mortar leveling
bed shall then be placed only after the concrete base has set for
seven days. Brick pavers shall then be buttered with mortar and pressed
into the wet mortar bed. The proper pitch shall be maintained throughout,
and it shall be 3/8 inch per foot standard. A maximum distance of
30 feet shall be set for the placement of expansion joints. The concrete
base may use a preformed joint, while the three-quarter-inch joint
shall be sealed with polyelastomeric sealant (PES). Sealants at completion
shall have a clean, smooth, even finish, free from ridges, wrinkles
and tool marks. Mortar joints shall be 1/4 inch in width.
(b)
Brick pavers on dry sand cement mix: the entire
trench area shall be thoroughly compacted to a point 7 1/4 inches
below the finish grade. Five inches of sand-cement dry mix shall then
be placed and compacted. The brick shall then be placed so as to allow
a one-quarter-inch joint, at which time a dry sand-cement mix shall
be brushed into those joints separating the pavers. Expansion joints
shall be placed parallel to curbs and edgings at right angle ninety-degree
turns and around obstructions. This rule shall hold for both wet and
dry mortar mix application. Expansion joints may be eliminated by
the use of dry sand mix applications, as designated by the City Engineer's
office. Expansion joints are usually left in place at curbs and walls.
After cleaning, the bricked area shall be dampened for three consecutive
days with a fine mist spray of water.
(c)
Flexible brick pavers (mortarless abutted joints):
shall be designated to fit usage and subsurface drainage conditions.
[1]
In areas of slow pedestrian traffic, the entire
trench area shall be thoroughly compacted to a point 15 inches below
finish grade. Six inches of compacted process gravel subbase shall
then be placed eight inches at driveways. Six inches of rigid concrete
or asphalt base, as designated by the City Engineer, shall then be
placed and reinforced where necessary. Rapid curing cutback asphalt
primer shall then be applied over the entire base area, followed by
a three-quarter-inch bituminous setting bed. The entire area shall
then be covered with a two-percent neoprene tack coat and the brick
pavers laid at a three-eighths-inch pitch per foot.
[2]
Residential driveways should have similar base
and subbase restrictions, as noted in the above subsection. A layer
of polyprophylene continuous filament fibrous fabric (Mirafi paper)
shall then be laid over the base. A one-inch sand setting bed, followed
by the brick pavers, shall then be hand placed to assure a uniform
joint of one-quarter-inch maximum spacing. The pitch shall not exceed
3/8 inch per foot.
[3]
Sidewalks and driveways in areas with subsurface
drainage problems shall have the entire trench area thoroughly compacted
to a point 10 1/4 inches below the finish grade. Six inches of
a porous gravel base shall then be laid and compacted. One inch of
stone screenings (peastone) shall then cover the entire trench area.
A layer of polyprophylene continuous filament fibrous fabric shall
be laid, followed by a one-inch sand setting bed, and the brick pavers
shall be placed atop this. The gravel base may be eliminated if the
stone screenings are increased to a minimum four-inch depth. The pavers
should then be laid on edge at driveways perpendicular to the traffic
flow and flat at sidewalk areas.
[4]
Granite curb edging shall be type VA-4 of varying lengths and evenly distributed, as designated by the City Engineer. The width shall be an average of 18 inches and a thickness of six inches. The granite curb shall be laid prior to sidewalk construction at the front of sidewalk in street areas. Curb inlets and curb corner are also included in this section. A grading plan shall be submitted prior to construction and generally a six-inch reveal shall hold unless otherwise designated by the City Engineer. Excavation shall be 18 inches below finish street elevation, and the entire eighteen-inch-wide trench area shall be compacted, dry, uniform and unyielding. In the case of resetting existing stone, the pavement shall be saw cut 12 inches from the face of stone towards the center of street. This shall also be excavated to a depth of 18 inches below street grade and thoroughly compacted to a dry, uniform and unyielding subgrade. Six inches of compacted process gravel shall then be placed. Upon this six-inch gravel foundation, the stone is to be hand placed on the assigned curbline in the trench. Gravel is to be filled around and under the cut of the stone to secure the proper line and grade and assure that the stone will bear throughout. Line and grade shall be as designated on a certified plan that has been submitted to and approved by the City Engineer. All gravel backfill used on both sides of the stone shall be thoroughly compacted with a power-operated tamper. The grade of the trench gravel shall be raised to meet the gravel foundation in the sidewalk area and raised to an elevation of 13 inches from top of stone at the paved street side. A concrete brace six inches thick by 12 inches wide shall be laid along the full length of the granite curb and shall be brought to within seven inches of top of stone on the street side of stone. Asphalt primer shall be spread over the concrete and a one-inch layer of finished bituminous concrete shall then be laid. Asphaltic sealant shall then be applied. Curb joints are to be as close as possible and are to be filled with mortar. Damaged stones and all stones cut less than four feet in length are to be replaced unless otherwise authorized by the City Engineer. They shall be removed by the permit holder and disposed of at the City Engineer's discretion. Any other stone removed belongs to the City and shall be delivered to a City yard by the permit holder, as directed by the City Engineer. Refer to § 243-1 for additional information on lowering or removing edgestone or curbing.
[5]
Wheelchair ramps. The entire trench area shall
be thoroughly compacted to a point 12 inches below the finished elevation
of the street pavement. A minimum of six inches of compacted process
gravel subbase shall then be placed. Two type VA-4 granite curved
curbs of two-foot radius shall be laid to tie into the edge of pavement
line so that the point or curvature in the sidewalk is simultaneously
set at three feet six inches apart. These stones are to be placed
at adjacent sides of the ramp approach. Two lengths of straight granite
curb, two feet long, shall then be set perpendicular to the street
line and parallel to each other at three feet six inches apart in
the sidewalk area at the extension of the curved curb. The overall
distance to back of wheelchair ramp from pavement line shall be four
feet. The stone shall be set at appropriate reveal on pavement line
and shall be flush with the sidewalk elevation at the rear of the
ramp. The stone shall act as a form for securing both the concrete
driveway ramp and the surrounding sidewalk. The gravel subbase shall
now be resloped so that the elevation at street line shall be six
inches below pavement grade and the elevation at the back of ramp
shall be six inches below sidewalk elevation. This gravel shall be
thoroughly compacted to a smooth, dry unyielding slope. A preformed
expansion joint shall be set at the rear of the ramp. A concrete driveway
shall then be poured so that it conforms to slope and meets the elevation
of both the street pavement and the sidewalk at a six-inch depth throughout;
an even transition shall ensue. The concrete ramp shall then be held
in the same respect as a concrete sidewalk and pertinent construction
methods should be adhered to. It is imperative that a nonslip surface
be the final result of tooling, trowling and brushing. The expansion
joint shall be sealed. It is required that wheelchair ramps be constructed
on all corners involved in an intersection. Where wheelchair ramps
are constructed on corners it is mandatory that one or more ramps
be constructed on the opposite side of the street as shown on an approved
plan and/or as deemed necessary by the Commissioner of Public Works.
Sidewalks and wheelchair ramps shall be newly constructed and/or reconstructed
in conjunction with new construction or reconstruction of commercial
buildings as deemed necessary by the Commissioner of Public Works
as shown on an approved plan submitted to the Division of Engineering,
Department of Public Works. The City Engineer shall review all locations
and plans prior to the issuance of a permit.[1]
[6]
Slope curb. The entire trench area shall be
excavated to a depth of 15 inches below the finished pavement grade
of a street and be thoroughly compacted to a dry, uniform and unyielding
surface. A gravel base shall then be laid and compacted to an eight-inch
minimum. Prior to placing stone, the street area shall be completed
to the binder course. The binder shall be cut back and excavated six
inches from the gutter line into the street area to a depth of 13 1/2
inches. The slope stone shall be placed atop the gravel base to line
and grade at an approximate sixty-degree angle from the vertical along
the face of the stone. This shall allow a six-inch vertical reveal
and a minimum exposed face of slope of 10 1/2 inches. The six-inch-wide
trench area shall then be filled with concrete along the entire length
of the stone and allowed to set. Gravel shall be simultaneously placed
and compacted under and adjacent to the stone to secure the line and
grade. The stone shall be allowed to set for three days, then the
sidewalk and finished street pavement shall be placed.
[7]
Bituminous concrete curb. The entire trench
area shall be excavated to a depth 15 inches below the finished pavement
grade and extend from the pavement line 16 inches into the sidewalk
area. This area shall be thoroughly compacted to a dry, uniform and
unyielding surface. Eight inches of gravel shall then be placed, followed
by four inches of process gravel to a point, when compacted, that
lies three inches below finished gutter grade. This gravel shall be
a continuation of the road base 16 inches beyond pavement line. The
one-and-one-half-inch binder course in the street area shall be carried
16 inches into the sidewalk area. The bituminous concrete berm shall
be machine constructed and compacted as approved by the City Engineer.
The machine shall be capable of spreading the bituminous mixture to
line and grade and to the shape stipulated. Any other deviations as
to size, shape, line or grade shall be reviewed by the City Engineer
prior to the issuance of a permit. The berm shall have an eight-inch
base and eight-and-one-half-inch vertical back and shall have an eight-inch
radius on the front face. Upon completion of the berm, the finished
top course of street pavement shall be laid to butt into the berm.
Sidewalks should tie into the top of berm at the vertical edge. In
areas where no sidewalks are to be constructed, 4 1/2 inches
of gravel is to be placed four inches below the top of berm and shall
make an even transition into the surrounding existing ground elevation.
Four inches of loam shall then be laid and shall also conform to existing
ground slopes. The area shall be seeded and cared for as per the pertinent
section of the Massachusetts specifications. In any area of adverse
grade differences, the City Engineer shall designate the pitch of
the sidewalk area. A plan shall be submitted to the City Engineer
for review prior to the issuance of a permit.
[8]
Concrete curb edging. Precast concrete curb
units shall consist of castings conforming to the size and dimensions
shown on the plans. Straight curb shall be cast in standard lengths
of six feet. Straight and curved curb may be cast in lengths of not
less than four feet where needed and as directed. Curb on a radius
of 100 feet or less shall be cast in radius forms to the correct radius
(radius measured to the outside face of the curb). Curb shall be made
of portland cement types conforming to Section C-1 of the Standard
Specifications of Highways and Bridges of the Department of Public
Works of the commonwealth. Forms shall be made of metal or concrete
(wood not allowed) to tight, rigid construction with true surfaces.
Concrete mix shall be made of maximum three-quarter-inch aggregate,
with a minimum allowable strength of 3,000 pounds at 28 days. An air
entraining agent, either VINSOL NVX or DAREX AEA, or approved equal,
shall be added at the mixer in accurately proportioned amounts to
give air content to the concrete of not less than 3% and not more
than 6% by volume. Upon removal from the forms, the top and eight
inches of the face shall be rubbed with a carborundum stone to fully
remove any cement enamel finish. No cement may be used in this process.
Next, a mixture of fine sand, cement and water shall be thoroughly
ground into the surface of the curb with a carborundum stone until
the resulting paste fills any imperfections left by the form. A cork
float shall then be used to pick up excess paste. The final finish
should resemble limestone in appearance. After finishing, the curb
shall be cured under a polyethylene blanket or in a humidity curing
chamber with minimum humidity of 90%. Curing shall be at a temperature
of not less than 60° and for a minimum period of seven days. Temperature
shall be held constant during this period regardless of which method
of curing is used. Curb shall be set in a trench which shall have
been excavated to a width of 18 inches. The subgrade of the trench
shall be at a depth below proposed finish grade of the curb equal
to six inches, plus the depth of the curbstone. Subgrade shall then
be filled to proper level to support curb at final grade. Fill for
this purpose shall consist of fine gravel or very course sand thoroughly
tamped. Curb units shall then be placed in accurate line, each piece
butting the next with maximum joint spacing no larger than 1/4 inch.
Final points shall be joined by closure pieces made to order. No curb
shall be cut in the field. After alignment, curb shall be carefully
backfilled with suitable material. Extreme care shall be taken not
to destroy alignment.
B.
The general conditions for all sidewalks, granite
curbing and wheelchair ramps are as follows:
(1)
In all areas where sidewalks are to be built or granite
curb edgestone is to be laid in place, the Commissioner of Public
Works, or his duly authorized representative, shall designate the
type of City standard sidewalk or granite edgestone applicable, the
longitude or lateral run of the brick, the bonding pattern to be used,
and the type and dimensions of the brick pavers. Sample bricks shall
be submitted to the City Engineer's office prior to the issuance of
a permit.
(2)
In all trench areas, vegetation and organics should
be removed and replaced with a suitable foundation material. In areas
of no edging, curbing or fixed structures, a grid beam shall be constructed
to hold the brick in place. The use of superplasticizing agents may
be used in concrete construction, as approved by the City Engineer.
(3)
Where brick pavers are supplied with lugs, a dry sand-cement
mortar mix shall be used and brushed into the joints. The area shall
be sprayed with a fine mist of water.
(4)
No construction of any type sidewalks, or placement
of curbing of any type, shall begin without notification, in writing,
to the Commissioner of Public Works, followed by a thorough review
by the City Engineer and the issuance of a signed permit.
(5)
Repair, remodeling or resurfacing of existing sidewalks
or the resetting of existing curbstone is also subject to the foregoing
regulations and is prohibited without the issuance of a permit signed
by the Commissioner of Public Works. Permits are to be on site in
the possession of the foreman and to be shown on request.
(6)
No sidewalks of any kind shall be installed when the
temperature falls below 40° F. nor after 2:30 p.m., except at
the discretion of the City Engineer. Before the installation of any
sidewalks, all structures such as pull boxes, light bases and conduits
shall be completely installed and all street hardware adjusted.
(7)
Compaction at all types of sidewalks shall be in six-inch
lifts to a ninety-five-percent modified proctor density at optimum
moisture content. Tests may be ordered by the City Engineer at the
permit holder's expense.
(8)
If forms are directed to be used for any type of sidewalk,
they shall not be removed for 24 hours following sidewalk completion.
Under no conditions shall any bar, pick or any other tool be used
that depends upon leverage on any part of the finished sidewalk for
form removal.
(9)
All materials used shall meet AASHO standards, as
designated, unless otherwise directed by the City Engineer.
(10)
There shall be no hindrance to the normal flow
of street drainage at any time except under necessary and/or temporary
construction procedures.
(11)
No ramps, transitions or driveways shall be
built in lieu of dropping the curbstone, nor shall they extend into
the paved street area so that normal gutter line flow is obstructed.
(12)
Refer to plans titled "Sidewalk Specs" on record
in the office of the City Engineer (Sewer Draw No. 3, Plans 1, 2 and
3).
(13)
No more than 150 feet of sidewalk shall be made
unpassable during the normal working hours, and a thirty-foot limit
shall be set for any unpassable areas left overnight. Temporary passage
shall be accomplished by the use of barricades and bridging over any
excavation. The use of lights, signs and traffic officers, where deemed
necessary, shall be decided by the City Engineer.
(14)
Temporary access shall be provided at all times
to all driveways and sidewalk entrances for the use of the resident
and commercial owners.
(15)
Construction methods shall conform to the Massachusetts
Standard Specifications for Highways and Bridges 1973 and/or Technical
Notes of Brick Construction, Sections 14, 14(a) and 14(b), and any
and all sections as printed by the Brick Institute of America 1975.
The City Engineer shall deem which sections are to apply to the situation
according to sound construction methods of any text. In case of conflict
between these documents, the City Engineer's decision shall be final
and binding.
(16)
No permits involving excavation in sidewalk
and street areas are to be issued from November 15 to April 1, except
when deemed necessary by the Commissioner of Public Works. No permits
are to be issued without prior proof to the Commissioner of Public
Works of possession of a certificate for a street opening permit bond
in the amount of not less than $25,000 or, in the discretion of the
Commissioner of Public Works, an amount equal to the amount of the
project contract. The Commissioner of Public Works, or his duly authorized
agent, is authorized to limit the amount of project work proportional
to the amount of bonding.
[Amended 7-8-2003]
A.
If required by the Commissioner of Public Works, a
sufficient number of photographs must be taken prior to the excavation
to serve as reference to ensure restoration of designated areas to
their former condition.
B.
The required photographs within the work limits shall
be taken prior to the commencement of the work and shall be of a size,
type and quality to be determined by the Commissioner of Public Works.
Any grassed areas, where entered and disturbed,
shall be properly compacted as described in this article and be loamed
to a minimum depth of four inches, seeded and fertilized. Responsibility
shall continue until a satisfactory crop has been grown to the satisfaction
of the Commissioner of Public Works.
[Amended 5-25-2004]
A.
Any person who, with or without the required permit,
violates any provision of this article shall forfeit and pay to the
use of the City a fine of $300 for each violation. Each day or portion
of a day that any violation continues shall constitute a separate
violation of this article.
[Added 7-8-2008]
A.
The City Engineer is hereby authorized to promulgate
regulations for the institution of a driveway permit, the purpose
which is to prescribe conditions under which the City of Lowell will
allow access to use, and changes in City ways in the following circumstances:
curbs, sidewalks, roadway access via driveways, stormwater disposal,
combine the oversight of right-of-way issues under zoning, City ordinances,
and regulations in one comprehensive review process for ease of implementation.
B.
The City Engineer, or his duly authorized agent, is
authorized to assess penalties for violations of said regulations
at up to $300 per day, at the discretion of the City Engineer.
