[Adopted 5-9-1974 ATM by Art. 34]
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18]
A. 
No person or individual, corporation or other type of entity shall open a trench in, or disturb the surface of, any existing street or way, or any proposed way or street in a proposed subdivision, for any of the following purposes, but not restricted thereto, until a permit therefor is granted by the Select Board or its designee and the Director of the Department of Public Works, except in an emergency as determined by the Director of the Department of Public Works: installing, repairing and/or maintaining any duct, conduit, sleeve, pipe or other structure to be used for distribution or transmission of wastewater or sewage, surface water or stormwater, potable water, a brook or watercourse, gas, oil or any of its by-products in any form, electrical power or service or telephone or telegraph service.
[Amended 6-17-2021 ATM by Art. 29]
B. 
This article does not apply to the placing or replacing of poles.
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 § 142-7, or to their duly authorized agents only. No permit shall be issued to the contractor.
B. 
All work covered by the permit shall commence within one month of the date of the issuance of the permit and be pursued diligently until completed. Time of completion shall be stated in the permit, and upon expiration of said 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.
The owners of the utility and/or utility company or others, as described in § 142-7, shall exercise this permit subject to all the rules and regulations made from time to time by the State Department of Public Safety, Department of Public Works and 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, articles and regulations.
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
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 of the work and shall be shown to any police officer or other authorized municipal person upon request thereby. A legally and duly issued permit shall be a permit which states the name and business address of the applicant, a specific date of issuance, a specific date of completion and a general description of the work to be done that is signed by not fewer than three Select Board members, or their designee, and the Director of the Department of Public Works.
[Amended 6-8-1976 ATM by Art. 43; 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
All applications for any permit shall be in quadruplicate. All applications and work to be done under any permit issued must meet with the approval of the Select Board majority or its designee and the Director of the Department of Public Works, or a unanimous vote of the Select Board.
If, during the progress of the work to be done under the initial permit, any existing duct, conduit, sleeve, pipe or other structure used for the distribution or transmission of wastewater or sewage, surface water or stormwater, potable water, a brook or watercourse, gas, oil or any of its by-products in any form, electrical power or service or telephone or telegraph service is encountered and must be relocated and/or modified in any way so that the work will function properly and as intended upon completion, a separate legally and duly issued permit must be obtained for each proposed relocation and/or modification.
[Amended 10-21-1999 ATM by Art. 44; 4-29-2002 ATM by Art. 13; 10-17-2005 ATM by Art. 21; 6-17-2021 ATM by Art. 29]
All applications for any permit shall be accompanied by a certified check payable to the Town of Chelmsford in the amount of $5 per linear foot, with a minimum fee set by the Select Board pursuant to MGL c. 40, § 22F. If work is to be done on more than one way or street, a separate legally and duly issued permit must be obtained for each way or street. Permits required under § 142-12 and the first renewal of any legally and duly issued permit are not subject to the application fee as provided for in this section. Failure of work to commence within one month of the date of issuance automatically voids the permit and will result in forfeiture of 10% of the application fee to the Town of Chelmsford.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
All outstanding permits issued by the Select Board, Director of the Department of Public Works or any other Town governmental board, committee or body which has and/or had authorization to issue permits to open a trench in, or to disturb the surface of, any existing and/or proposed way or street that have not been exercised, either in whole or in part, prior to this article being adopted by the Town and filed with the Secretary of State and/or Attorney General of the Commonwealth of Massachusetts to be effective shall be void.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art. 18]
All construction work performed under this article shall be performed by a contractor licensed by the Director of the Department of Public Works.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art. 18]
A. 
Contractors licensed to perform work under this article shall carry comprehensive public liability with minimum limits as follows:
(1) 
Bodily injuries: $100,000 per person and $300,000 aggregate.
(2) 
Property damage: $100,000 per occurrence.
B. 
The contractor shall deliver a current certificate of insurance to the Director of the Department of Public Works before performing work under this article and shall post a performance bond of $5,000 with the Town securing work to be performed within the public right-of-way. On projects where the Director of the Department of Public Works determines that the cost of construction is $10,000 or greater, the contractor shall post a performance bond payable to the Town securing 100% of the construction cost. The bond shall be released upon approval of the work by the Director of the Department of Public Works.
[Added 5-1-1989 ATM by Art. 21; amended 10-15-1990 ATM by Art. 18]
Violations of the provisions of this article shall result in the revocation, by the Director of the Department of Public Works, of the contractor's license to perform work in the Town of Chelmsford.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18]
A. 
Unless specifically waived by the Director of the Department of Public Works, all applications for a permit under this article shall be accompanied with the following:
(1) 
A separate sheet, 24 inches by 36 inches in size, for each street or way to be included within the proposed work, said sheet to show a plan view, with North point, and profile of the street or way at a horizontal scale of 40 feet to an inch and a vertical scale of four feet to an inch, with existing center-line grades in fine solid lines, with existing elevations, derived from actual field survey, at fifty-foot stations shown by figures.
(a) 
Said plan view of the proposed work and installation shall show the location of the work in reference to existing utilities and structures, i.e., sanitary sewers, storm sewers and drains, water mains, any locatable utility installations and their appurtenances, easements, property and street right-of-way lines, bounds and/or property markers and other necessary physical features, such as curblines, sidewalks, water gates, gas gates, utility poles and trees of diameter greater than six inches.
(b) 
Said profile of the proposed work and installation shall show the location of the work in reference to existing utilities and structures, i.e., sanitary sewers, storm sewers and drains, water mains, any locatable utility installations and their appurtenances.
(c) 
Both plan view and profile shall extend at least 250 feet beyond the end limits of the proposed work and installation. All information pertaining to existing lines and utilities shall be shown in fine lines, and all proposed work shall be shown in heavy lines. The plan view shall be on the upper portion of the sheet and the profile on the lower portion of the sheet.
(2) 
Offset lines and/or ties from locatable or relocatable points must be shown, e.g., bound points and property lines.
(3) 
Cross sections and/or details of proposed conduits, structures, etc., must be shown. Details and dimensions of outsized structures, including manholes and vaults, must be shown. All outsized structures, including manholes and vaults, must be shown. All cross sections and details must be drawn to scale on a separate sheet, 24 inches by 36 inches in size.
(4) 
All vertical control shall be based on the Town of Chelmsford datum.
(5) 
All horizontal control shall be based on the Town of Chelmsford coordinate system.
(6) 
Construction standards as hereinafter detailed must be visually detailed and/or inscribed on the plan view and/or profile.
(7) 
Each sheet shall have a border of 1 1/2 inches on the left and a border of 1/2 inch along the remainder of the sheet. The lower right-hand corner of each sheet shall contain the name of the street or way, the type of proposed utility installation, the name and address of the applicant for the permit, the date, scale, name and address of the surveyor, the name and address of the engineer and the sheet number in a block four inches by six inches in size. If the proposed work and installation involves more than 5,000 linear feet of street or way, a title sheet, 24 inches by 36 inches in size, shall be the first sheet of the plans, with a locus plan of the work at a scale of 2,000 feet to an inch.
(8) 
Names of all abutters to the street or way proposed for the work shall be shown on each plan as they appear in the most recent tax list.
(9) 
Each sheet of the plans shall be signed and stamped by a registered land surveyor and registered professional engineer with seals of registration for the Commonwealth of Massachusetts. Those portions of the plan representing engineering design shall be prepared by a registered professional engineer.
(10) 
A letter-size locus plan of the work, at a scale of 2,000 feet to an inch, in quadruplicate, must accompany the permit application.
(11) 
Eight prints, dark line on white background, of sheets shall be submitted with the application.
B. 
If deemed necessary by the Select Board, the Department of Public Works Director or their duly authorized 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 Select Board, Director of the Department of Public Works or their duly authorized representative. All plans are to be submitted to the Select Board and the Director of the Department of Public Works for review prior to issuance of the permit.
[Amended 6-17-2021 ATM by Art. 29[
C. 
When the proposed location of installation is in the sidewalk area or in any other location where accuracy of bounds, bound points, property markers, etc., may be jeopardized, the Director of the Department 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, bound points, property markers, etc., will then be checked against the reference ties, and any variation of said 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 or her work, shall become the property of the Department of Public Works Director. Original field notes are to be available for examination by duly authorized representatives of the Director of the Department of Public Works upon request.
[Amended 10-15-1990 ATM by Art. 18]
Written notification of one week prior to commencing construction will be required. This notification shall be sent to the Department of Public Works Director and Police Chief and shall contain the name, address and telephone number of the contractor or party who or which is to perform the work as well as the telephone number for emergency calls which may arise when the contractor is absent from the work site.
[Amended 10-15-1990 ATM by Art. 18]
A. 
All work to be performed hereunder shall be done between the hours of 7:30 a.m. and 4:30 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 Director of the Department of Public Works, and said requirement shall be stated in writing at the time of issuance of the permit.
B. 
No Saturday, Sunday or legal holiday work will be allowed unless an emergency or accommodation situation arises and permission is given by the Director of the Department of Public Works. Said permission may be granted orally; however, a written confirmation that such permission has been granted shall be made by the Director of the Department of Public Works as soon as practicable thereafter.
C. 
In regard to Saturday, Sunday or legal holiday work, the Director of the Department of Public Works shall determine whether an emergency or accommodation situation exists. "Emergency" is an unforeseen combination of circumstances which calls for an immediate action, a pressing necessity.
D. 
No excavation, trenching, etc., shall be allowed in any street or way, accepted or unaccepted, or proposed way or street between November 15 and April 1, except in the case of an emergency, which shall be determined by the Director of the Department of Public Works.
A. 
If required by the Select Board and/or the Director of the Department 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.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
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, quality and number as determined by the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
C. 
All expenses incurred by the requirements of this section shall be borne by the permittee.
A. 
A full-time inspector shall be assigned to each trench opening or excavation site in any way or street, accepted or unaccepted, or proposed way or street by the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
B. 
The inspector's duties will be as determined by the Director of the Department of Public Works. In general, the inspector will be the Town's agent who will ensure compliance of the work with the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18]
C. 
The inspector will file daily written reports with the Director of the Department of Public Works and a copy to the Select Board and will be responsible for reporting any violations of the provisions of this article in said daily written reports.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
D. 
Safety and the use of proper construction methods and/or techniques are not the responsibility of the inspector.
E. 
Failure of the Director of the Department of Public Works to assign an inspector to a trench opening or excavation site in any way or street, accepted or unaccepted, or proposed way or street does not in any way relieve the permittee of the responsibility of full compliance with the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18]
F. 
The fee and incidental expenses of the inspector shall be borne by the permittee and payable, by check or money order, to the Town of Chelmsford. These fees and those included in § 142-13 shall be deposited in a revolving fund maintained for the purpose of paying the expenses relative to inspections.
[Amended 4-28-1997 ATM by Art. 15]
G. 
The permittee is solely responsible for notifying the Director of the Department of Public Works, in writing, of any scheduled testing of any work under permit at least 48 continuous hours prior to the time of the scheduled test. Failure of the permittee to do so could result, if deemed necessary by the Director of the Department of Public Works, in the retesting of those portions of the work for which the testing was unobserved by the Director of the Department of Public Works or his or her duly authorized representative.
[Amended 10-15-1990 ATM by Art. 18]
A. 
The permittee shall so prosecute his or her work that traffic, both pedestrian and vehicular, will be maintained over and through the work with a maximum of safety and convenience.
B. 
Every opening made in a street or way, accepted or unaccepted, or proposed street or way shall be enclosed with sufficient barriers, sufficiently lighted at night and posted with necessary signs, to guard the public against all accidents from the beginning to the completion of the work. The responsibility of maintaining sufficient safety features around the work is solely that of the permittee and in no way the responsibility of the Town of Chelmsford.
C. 
Uniformed police shall be present to maintain two-way traffic in the roadway during the hours work is being done under the permit.
(1) 
At least one week prior to commencing construction, the permittee shall give written notification with all pertinent information regarding the work to the Police Chief so that the Police Chief may prepare a roster of police officers assigned to the excavation site.
(2) 
If, in his or her opinion and judgment, the Police Chief deems necessary the assigning of more than one police officer to the excavation site, the Police Chief may do so in the best interest of public safety.
(3) 
The permittee may request a waiver of the requirement for uniformed police at the excavation site in writing to the Police Chief, who must evaluate the request for a waiver and reply to the permittee, in writing, within five days of receipt of the request for waiver.
(a) 
If the Police Chief grants the waiver and at some future time during the progress of the work the Police Chief visits the excavation site and deems necessary that a uniformed police officer be present to maintain two-way traffic in the roadway, the Police Chief may immediately rescind, suspend or modify this waiver.
(b) 
A request for a waiver does not relieve the permittee in any way of the responsibility of having uniformed police at the excavation site until said waiver has been granted, in writing, by the Police Chief.
(4) 
The fee and incidental expenses of the uniformed police assigned to the excavation site shall be borne by the permittee and payable, by check or money order, to the Town of Chelmsford.
D. 
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 hereunder.
E. 
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 deems a roadway trench be kept open overnight, express written permission from the Director of the Department of Public Works and written notification to the Police and Fire Departments will be necessary.
[Amended 10-15-1990 ATM by Art. 18]
F. 
Any snow or ice condition that may occur during construction must be properly controlled through sanding and/or salting or plowing to points 250 feet beyond either end limit of the construction area, unless otherwise decided by the Director of the Department of Public Works or his or her duly authorized representative.
[Amended 10-15-1990 ATM by Art. 18]
G. 
The permittee shall be responsible for instructing all employees in the principles of first aid and safety and in the specific operational procedure necessary to prevent accidents. The permittee shall provide for the availability and maintenance of adequate first aid supplies at the excavation site at all times.
A. 
Grassed areas. Any grassed areas, where entered and disturbed, either public or private, shall be properly compacted as hereinafter described and loamed to a minimum depth of six inches, seeded and fertilized. The permittee is responsible for maintaining these areas until a satisfactory crop of grass has been grown to the satisfaction of the Director of the Department of Public Works. The seed shall be sown only between the periods from April 15 to June 1 and from August 15 to October 15 or as directed by the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
B. 
Trees. The issuance of the permit does not authorize the trimming or removal of any trees or shrubs. The necessary removal of any tree shall be under the supervision of the Tree Warden or his or her duly authorized representative. Hand digging shall be required around the roots of trees and shrubs.
C. 
Fences. Any fence requiring removal for satisfactory prosecution of the work shall be removed and then reset by the permittee. Any materials removed shall be utilized in the fence reset, except that, where necessary, new posts and bases shall be furnished by the permittee. Any materials damaged or lost during or subsequent to the removal shall be replaced by the permittee at his or her own expense. All new materials required shall be equal in quality and design to the materials in the present fence.
D. 
Saw cutting of pavement. Where required by the Director of the Department of Public Works, the roadway and/or sidewalk pavement are to be saw cut to neat, true lines as directed. All newly resurfaced roadways shall be saw cut. Such cutting shall be to a depth below the pavement as to prevent tearing of the surface when the excavation is begun.
[Amended 10-15-1990 ATM by Art. 18]
E. 
Maximum trench opening. The excavation is to be kept as neat as existing conditions permit, and not more than 150 feet shall be left open at any time during working hours and not more than 20 feet of trench shall be left open overnight without written permission of the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
F. 
Roadway dust control. The permittee shall furnish and apply calcium chloride as a dust-control material at all locations where directed by the Director of the Department of Public Works or his or her duly authorized 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.
[Amended 10-15-1990 ATM by Art. 18]
G. 
Unsuitable material. All excavated material is to be discarded unless otherwise suitable, and if not suitable shall be replaced with the following material acceptable to the Department of Public Works Director or equivalent, namely, one-half-inch to three-fourths-inch crushed processed gravel for the bed and also above the item placed in the excavation for a depth not less than six inches below the bottommost portion of the item and for a depth not less than six inches above the topmost portion of the item 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 Director of the Department of Public Works or his or her duly authorized representative, for backfilling shall be hauled away and stored until such time as the material is to be used for backfilling by the permittee.
[Amended 10-15-1990 ATM by Art. 18]
H. 
Disposal of discarded materials. The permittee shall be held responsible for all discarded materials, rubbish and debris that are dumped or fall within the limits of the project. Such materials shall be removed from the site and disposed of at the permittee's expense.
I. 
Backfill material. The backfill material used shall be of a quality satisfactory to the Director of the Department of Public Works and shall be free from large or frozen lumps, wood, organic matter and other extraneous material and shall contain no boulders or broken ledge greater than 1/2 cubic yard. All stones, boulders or broken ledge greater than one cubic foot in size must be a minimum of 1 1/2 feet above the topmost portion of the item placed in the excavation and a minimum of two feet below the pavement surface grade.
[Amended 10-15-1990 ATM by Art. 18]
J. 
Sheeting. Lumber sheeting shall be installed where trench excavation would cause failure to adjacent pavement. Unless otherwise directed, sheeting shall be driven to such depth as to be two feet below normal excavation. The sheeting shall be securely and satisfactorily braced to withstand all pressures to which it may be subjected and shall be sufficiently tight to prevent any flow of water or material into the work space. Upon completion of the work, sheeting shall be driven down or cut off 18 inches below pavement grade and left in place, or as directed by the Director of the Department of Public Works. No sheeting may be left so as to create a possible hazard to the safety of the public, obstruction to flow of water or a hindrance to traffic of any kind.
[Amended 10-15-1990 ATM by Art. 18]
K. 
Compaction of backfill. Backfill shall be uniformly distributed in successive layers, each layer being thoroughly compacted before the succeeding layer is placed. The entire width of the trench shall be mechanically or hand tamped in six-inch lifts a minimum of two feet above the utility installation and mechanically tamped the remainder of the fill in lift depths not greater than two feet.
L. 
Grading, rolling and finishing.
[Amended 5-1-1989 ATM by Art. 21]
(1) 
The word "approved" as appearing in this section shall mean conforming to Massachusetts Department of Public Works specifications, as amended.
(2) 
The trench in the street must be filled and temporarily resurfaced on the same day it is opened unless otherwise directed by the Director of the Department of Public Works or his or her designee. The trench shall be backfilled with approved excavated materials to within 19 1/2 inches of the top. Eighteen inches shall consist of approved gravel (State Department of Public Works Specification M1.03.0 Type B), and the remaining 1 1/2 inches shall consist of temporary bituminous surface. Road surface shall be precut to avoid damaging surfaces surrounding the trench.
[Amended 10-15-1990 ATM by Art. 18]
(a) 
If the temporary road surface is not placed the first day, then as soon as directed by the Director of the Department of Public Works the gravel subbase shall be excavated to the required grade in order to place 1 1/2 inches of temporary bituminous surface. The temporary pavement shall be placed and raked to a uniform surface and rolled to the required thickness and to a grade that will match the existing bituminous road surface. The permittee shall maintain the temporary surfacing and shall promptly fill with similar material any depressions and holes that may occur so as to keep the surfacing in a safe and satisfactory condition for traffic.
(b) 
Temporary resurfacing must be a minimum of 1 1/2 inches compacted thickness and may consist of either so-called "cold patch" or plant-mixed hot asphalt aggregate, all as produced in accordance with the standard specifications of the Massachusetts Department of Public Works. The bituminous concrete surface shall not be placed until the expiration of 30 days from the date of completion of the temporary surface. The temporary subbase shall be excavated to the grade required by this article prior to placement of the bituminous concrete surface.
M. 
Restoration of permanent paving.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18; 4-28-1997 ATM by Art. 17]
(1) 
The permittee shall remove and dispose of, in accordance with acceptable construction standards, all excavated material before proceeding with the remainder of the work and shall thoroughly compact the surface of the subbase. Any broken or irregular edges of existing pavements shall be cut away in straight lines as directed by the Director of the Department of Public Works, leaving a solid vertical face.
(2) 
The bituminous concrete base and top shall be laid and rolled in two courses. The binder (base course) shall not be less than the existing roadway base course and shall not be less than two inches in depth, and the top course shall be 1 1/2 inches in depth. The minimum total thickness of both courses, measured after rolling, shall be 3 1/2 inches.
(3) 
The base course of the permanent pavement shall be placed and carefully raked to minimum surface and thoroughly rolled to the required thickness. Before placing the base course of the permanent pavement, the edge of the original bituminous surfacing shall receive an application of approved asphalt emulsion so that the new pavement material may be properly bonded to the existing pavement. All seams shall be sealed with an approved emulsified liquid asphalt and sand. The top course of the permanent paving shall be placed to a grade that will match the existing bituminous surface after rolling. The permanent paving shall not overlap the existing pavement and shall not have to be applied with a mechanical spreader unless otherwise directed by the Director of the Department of Public Works.
(4) 
The permittee shall furnish, place, grade and compact bituminous concrete pavement of Class I, Type I-1, as shown and specified in the latest Massachusetts State Department of Public Works Standard Specifications for Highways and Bridges. Unless otherwise approved by the Director of the Department of Public Works, a full width overlay will be required if greater than 50% of the roadway pavement width will be disturbed. In these cases, pavement overlay shall consist of 1 1/2 inches of dense-graded bituminous concrete and shall extend at least 30 feet beyond the street opening. Excavations shall be made in open cut. Tunneling will be allowed by special permission of the Director of the Department of Public Works. All excavations and trenches shall be braced and sheathed when necessary as required by Occupational Safety and Health Administration (OSHA) specifications.
(5) 
Street openings shall be maintained by the permittee for a period of five years from the date of completion, except for work that requires a curb-to-curb overlay, in which case the maintenance period shall be two years. No additional permits shall be issued to the permittee or contractor who has any outstanding unmaintained street openings. After new full-width permanent surface is laid, street surface openings shall be prohibited for a period of five years for all roads, except in cases where a variance is obtained pursuant to § 142-30 of this article. The list of streets as classified by the Director of the Department of Public Works shall be kept on file at the Department of Public Works.
[Amended 10-21-1999 ATM by Art. 44; 4-24-2017 ATM by Art. 25]
(6) 
All permanent pavement markings, including but not limited to crosswalks, traffic and center lines, that are obliterated or damaged during construction shall be repainted by or under the direction of the Director of the Department of Public Works at the expense of the permittee.
N. 
Reinforced concrete pavement replacement. If reinforced concrete pavement is encountered during the work, it shall be replaced in accordance with acceptable construction standards or as directed by the Director of the Department of Public Works.
O. 
Bituminous concrete sidewalk replacement. When work is performed in sidewalk areas, the entire sidewalk shall be replaced as follows. The entire trench area shall be thoroughly compacted to a point nine inches below the finish grade. Six inches of compacted processed gravel subbase shall then be placed. Forms shall be installed where deemed necessary to assist in securing proper alignment and adequate compaction of the base and surface courses. Bituminous concrete Type I 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 and not 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.
P. 
Concrete sidewalk replacement. Cement concrete sidewalks shall be repaired by making a new concrete block or blocks through the trench passes. Preformed expansion joints, when deemed necessary, will be installed against buildings, walls, steps, foundations or existing concrete blocks. The new cement concrete square shall consist of entrained Class A (3500 pounds per square inch) mix. All concrete must be cured by covering all material in accordance with acceptable construction standards or as directed by the Director of the Department of Public Works. All walks shall be laid over a minimum of 12 inches of well-compacted gravel. Cement concrete shall be treated with silicone or linseed oil sealer for salt damage prevention.
[Amended 5-1-1989 ATM by Art. 21; 10-15-1990 ATM by Art. 18]
Q. 
Bituminous concrete berm. The construction requirements, dimensions and cross section of bituminous concrete berm shall be as directed by the Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
R. 
Curb. 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 Director of the Department of Public Works. Disturbed curbing shall be reset to line and grade by accepted methods. The permittee 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 Director of the Department of Public Works.
[Amended 10-15-1990 ATM by Art. 18]
S. 
Time limit for sidewalk paving. Sidewalk repaving and/or replacement must follow as close behind installation as conditions permit. Excessive linear footage of sidewalk left unrepaired will not be allowed.
T. 
Disturbing existing utilities. The permittee shall exercise special care during excavation to avoid injury to underground structures, such as water or gas mains, pipes, conduits, manholes, catch basins, etc. When necessary the permittee shall cooperate with representatives of public service companies in order to avoid damage to their structures by furnishing and erecting suitable supports, props, shoring and other means of protection. The permittee shall be liable for repair of any damage to such utilities, either public or private, to the satisfaction of the Director of the Department of Public Works. The construction and/or reconstruction of any Town of Chelmsford catch basin or manhole shall be in accordance with the Town of Chelmsford standards.
[Amended 10-15-1990 ATM by Art. 18]
Liability for damage to private property abutting the construction and caused by the permittee, his or her agents or servants shall be borne solely by the permittee performing the work.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
The issuance of the permit to an individual, utility or the utility company and/or its agents or others as described in § 142-7 of this article shall constitute an agreement with the Town of Chelmsford whereby the utility or the utility company and/or its agents, an individual or others shall indemnify and save harmless the Town of Chelmsford against all claims for damages for injuries to persons or property and against all costs, suits, expenses and losses occasioned by or arising from entering streets and/or ways and from occupancy and use of said streets and/or ways and further agree to pay all costs and damages which may be recovered against the Town of Chelmsford by reason of entering said streets and/or ways and on account of occupancy of said premises and shall further be required to provide insurance therefor, unless otherwise determined by the Select Board and Director of the Department of Public Works.
A. 
If an examination of the work reveals that it does not comply with or violates the provisions of this article, the Select Board and/or the Director of the Department of Public Works shall notify and order, in writing, the permittee and its duly authorized supervisor at the work site, who shall take such appropriate measures as necessary to assure compliance with the provisions of this article.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
B. 
If a further examination of the work, not less than 48 continuous hours after the issuance of orders, reveals that no positive action and/or appropriate measures are or were being taken by the permittee or its duly authorized supervisor at the work site to assure compliance with the provisions of this article, the Select Board and/or the Director of the Department of Public Works shall rescind, suspend or modify, through the imposition of conditions, the permit.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
C. 
Every order issued to enforce the provisions of this article shall be in writing and shall be served on the permittee and its duly authorized supervisor at the work site and/or all persons responsible for the violation of this article.
D. 
Every order issued to enforce the provisions of this article shall include a statement of the violation or defect, shall allot a reasonable time for any action necessary to effect compliance and may suggest action which, if taken, will effect compliance with this article.
[Amended 10-15-1990 ATM by Art. 18]
A. 
Any person to whom any order to comply with the provisions of this article is issued or any person who objects to the issuance of a variance may request a hearing before the Select Board and the Department of Public Works Director or their designee by filing a written application within 10 days of the receipt of the order or within 10 days of the filing of the notice of the granting of the variance.
[Amended 6-17-2021 ATM by Art. 29]
B. 
Upon receipt of written application, the Select Board, the Director of the Department of Public Works or their designee shall establish a time and place for such hearing and inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the application was filed.
[Amended 6-17-2021 ATM by Art. 29]
C. 
At the hearing the petitioner shall be given the opportunity to be heard and to show why the order or variance should be modified or withdrawn.
D. 
After the hearing, the Select Board and the Director of the Department of Public Works shall sustain, modify or withdraw the order or variance and may rescind, suspend or modify, through the imposition of conditions, the permit and shall inform the petitioner, in writing, of the decision.
[Amended 6-17-2021 ATM by Art. 29]
E. 
Every notice, order and other record prepared by the Select Board and/or the Director of the Department of Public Works or their designee in connection with the hearing shall be entered as a matter of public record in the office of the Director of the Department of Public Works.
[Amended 6-17-2021 ATM by Art. 29]
A. 
Any permittee who violates or refuses to comply with any provision of this article and orders hereunder promulgated shall forfeit and pay to the use of the Town of Chelmsford a sum of $50 for each violation.
B. 
Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate violation of this article.
A. 
The Select Board and the Director of the Department of Public Works, upon their own initiative or upon application to them by any individual, utility or others as described in § 142-7, after due notice and public hearing, may vary any provision of this article as they deem necessary with respect to any particular case when, in their opinion, the enforcement thereof would do manifest injustice or cause undue hardship, provided that their decision shall not conflict with the spirit of this article. The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant.
[Amended 10-15-1990 ATM by Art. 18; 6-17-2021 ATM by Art. 29]
B. 
Variances, when granted, shall be in writing and shall be effective for not more than one year. Notice of the grant of a variance shall be filed with the Town Clerk within 10 days after the variance has been granted.
Each of these sections shall be construed as separate, to the end that if any section of paragraph, sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections of this article shall continue in full force.
[Amended 5-1-1989 ATM by Art. 21]
Municipal departments of the Town of Chelmsford shall be exempt from the fees associated with this article but shall conform to all other aspects of this article.
All provisions of the bylaws of the Town of Chelmsford, as amended, which are not inconsistent with this article shall continue in effect, but all provisions of said bylaws inconsistent are repealed.