Town of Groton, MA
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Groton 4-7-1997; amended in its entirety 6-30-1997. Subsequent amendments noted where applicable.]
Earth removal — See Ch. 134.
Roads and ways — See Ch. 180.
A road opening permit is required for any excavation or construction of any kind within the right-of-way or that has an effect on the right-of-way. The right-of-way shall be determined by county layouts or other surveying records. If no layout is found, the right-of-way shall be assumed as a total road width of 33 feet.
The contractor will give to the Town a copy of his liability and workmen's compensation certificate.
The holder of this permit or any of his designees or other persons shall indemnify and save harmless the Town of Groton against all claims for damages for injuries to persons or property and against all costs, suits, expenses and losses occurred by anyone or anything related to the conditions in this road opening permit.
A permit fee of $1 per linear foot will be paid to the Town of Groton when the permit is submitted. Permits must be obtained at least 48 hours before work begins.
Failure to obtain a permit or comply with the following regulations shall be subject to a fine of twice the permit fee.
Permits will be granted by the Highway Surveyor for all road openings less than 100 feet other than emergencies (An "emergency" is defined as gas, water or other public utility breaches) from April 15 to November 15 at which time all excavations will be closed and patched.
All projects requiring digging in the road or right-of-way shall be required to have a bond.
Road openings 100 feet or more shall require the permit to be approved by the Select Board.
[Amended 10-1-2018 ATM by Art. 14]
The contractor must prove that he is qualified to do the work to the permitting authority.
All required traffic warning devices and signs will be furnished by the contractor and approved by the Highway Surveyor or his agent, at no cost to the Town of Groton.
No road opening permit will be issued for a road which has been resurfaced within the past three years, except in case of emergency. Request for exemption of this section must be made in writing to the Select Board and Highway Surveyor.
[Amended 10-1-2018 ATM by Art. 14]
All work will be performed in a professional manner that does not impede the flow of traffic. Police details will be used in high traffic areas as designated by the Highway Surveyor and Police Chief or his agent at no cost to the Town of Groton. All emergency departments (fire, police, ambulance) must be notified by the permit holder of any work in a public way which may impede the smooth passage of emergency vehicles.
Excavations in the traveled way shall be cut in straight lines with a concrete saw or other accepted manner that will cut full depth of the pavement. The excavation shall only be between these lines.
Backfilling shall be done, with flowable fill, and mechanically compacted in six-inch lifts, or jetted with water to within two inches of pavement grade. The last two inches shall be a temporary bituminous patch to be maintained for a minimum of 60 days. Then a permanent patch shall be applied in accordance with Subsection L.
If Town water is used for jelling, the Water Department shall be notified and all costs associated with use of water shall be borne by the contractor.
The applicant is responsible for notifying Dig-Safe and any other local utilities which may be affected.
Backfilling will be done with excavated material unless otherwise directed by the Highway Surveyor. Excess material will be disposed of at the direction of the Highway Surveyor, at no cost to the Town of Groton.
If work proposed will result in more than 50 cubic yards of excess material, the contractor must apply for a certificate of exemption to the Earth Removal Bylaw[1] from the Select Board prior to commencement of work.
[Amended 10-1-2018 ATM by Art. 14]
Editor's Note: See Ch. 239, Earth Removal.
Excavated material will only be placed on the traveled way when it will not impede the flow of traffic. When material is placed on the traveled way, a mechanical sweeper will be on the job to sweep the pavement after backfilling each day.
Driveways, sidewalks, street intersections, shoulders, lawns, shrubs, trees, signs and pavement markings shall be restored to conditions prior to construction, at no cost to the Town. No trees, tree limbs or brush will be cut without prior approval of the Highway Surveyor.
Catch basins, drainage pipes, manholes and utility structures shall be protected during construction and adjusted to the grade. Any damage to these structures shall be repaired to original working condition at no cost to the Town.
Cross trenches shall be excavated in such manner as to maintain one lane of passage to traffic at all times. Cross trenches will be patched with a bituminous path immediately after backfilling and compacting.
There shall be no open trenches left in the public right-of-way overnight. Trenches shall be backfilled or plated with steel plates, and warning devices shall be placed to alert motorists of road conditions. At no time shall there be more than 300 feet of open trench without temporary patches being made.
The bituminous patch in a cross trench will be the same thickness as the road surface. For example, if there is six inches of hot top on the road, then the patch shall also be six inches. In no case shall hot top be placed less than two and one-half inches thick. A cut back of eight inches on each side of the original cut will be made, so that the patch is placed on undisturbed material when the permanent patch is applied.
All trenches will be left in a safe condition to accept traffic at the end of each day's work. No equipment will be left on the traveled way overnight. Regulatory signs will be replaced daily.
After completion of the work covered by this permit, there will be a surface overlay of bituminous concrete, machine laid, full width of the traveled way, and 30 feet both sides of the excavation at a minimum depth of 1 1/2 inches. This overlay will be for lateral trenches in roads that have been overlaid within the past five years or at the discretion of the Highway Surveyor.
Final pavement shall not be placed on any street without a minimum settlement period of one winter or without written permission of the Highway Surveyor.
The contractor will be required to repair the permanent trench for a period of one year.
The contractor will be responsible for all miscellaneous expenses. For no reason shall the Town be responsible for any costs occurred from the conditions of a road opening permit.
All work is to be done between the hours of 8:00 a.m. to 4:30 p.m., and there shall be no work done on Saturday, Sunday or holidays, unless cleared by all departments.
Town of Groton utility departments (Water, Sewer and Electric Light) are not required to file a permit application for emergency repairs. Any road openings by these Town departments that exceed 100 feet shall require a permit and approval by the Select Board. The permit fee in all cases will be waived.
[Amended 10-1-2018 ATM by Art. 14]