Town of Dalton, MA Excavations

As used in this chapter, the following terms shall have the meanings indicated:

The Highway Department of the Town of Dalton.

The person or persons, corporations, or organizations to whom a permit is granted, or their legal representatives.

The Superintendent of Streets and Sewers of the Town of Dalton.

No person shall, except as provided by law or in an emergency, make an excavation in a public way in the Town of Dalton without first obtaining the written consent (permit) of the Select Board or its duly appointed agent for this purpose.

Applications for a permit under § 403-2 and the permit to perform such excavation shall be in such form and contain such information as the Select Board shall require.

The Select Board does hereby designate the Superintendent of Streets and Sewers as its agent to issue the permits as specified in § 403-2.

All permits under § 403-2 shall be issued subject to the following terms, conditions and restrictions:

A.

After any pipes, conduits, drains or other underground structures are laid, or any excavation is made in the street, the trenches or openings shall be properly backfilled with suitable material. If the work is done in the cold weather, no frozen material shall be used for backfill.

B.

Wherever the hardened surface of the street is disturbed, it shall be replaced in as good condition as before it was disturbed, and if new materials are required, they shall correspond with those already in place on the street. In case of concrete pavement, the work shall be done by tunneling as much as possible.

C.

The licensee shall maintain the surface of the street over any pipes, conduits or other underground structures as long as the Department may deem necessary, until all signs of the trenches shall have been eliminated.

D.

In the erection of pole lines, unless otherwise provided, no trees located within the limits of the street shall be cut or trimmed. No guy wires shall be attached to trees without a special permit from the Tree Warden of the Town of Dalton, and in no event shall they be so attached as to girdle the trees or in any way interfere with their growth. Where the cutting and trimming of trees is authorized, same shall be done only as designated by said Tree Warden.

E.

During the progress of the work, all structures underground and above ground shall be properly protected from damage or injury. Such barrier shall be erected and maintained as may be necessary, for the protection of the traveling public; the same shall be properly lighted at night. The licensee shall be responsible for all damages to persons or property due to or resulting from any work done under the permit.

F.

Except as specifically authorized, no excavation shall be made or obstacle placed within the limits of a Town way in such a manner as to interfere unnecessarily with the travel over said way.

G.

If any grading or sidewalk work is done which interferes with the drainage of the street in any way, such catch basins and outlets shall be constructed as may be necessary in the opinion of the Superintendent to take proper care of said drains.

H.

Wherever the hardened surface of the roadway is disturbed and the Superintendent may consider it necessary or advisable to do so, said surface will be restored by the employees of the Department at such time as the Department may direct and the expense thereof shall be borne by the licensee.

I.

If the licensee does any work contrary to the orders of the Superintendent, and after due notice, fails to correct such work or remove structures or materials ordered to be removed or fails to complete within the specified time the work authorized by the permit, the Department may, with or without notice, correct or complete such work in whole or in part, or remove such structures or materials, and the licensee shall reimburse the Town for any expense incurred in correcting and/or completing the work or removing the structure around the materials.

J.

All of the work contemplated under any permit shall be done under the supervision and to the satisfaction of the Department, and the entire expense thereof shall be borne by the licensee.

K.

On the completion of the work contemplated by the permit, all rubbish and debris shall be removed and the street shall be left neat and presentable and satisfactory to the Superintendent.

L.

Where lines and grades are needed in connection with the work, they may be provided by the Superintendent in which case notice must be given to the Department at least two days before the time needed.

M.

The Department reserves the right to order the change of location or the removal of any structure or structures authorized by any permit at any time, said change or removal to be made at the expense of the licensee or its successor or assigns.

N.

Any permit may be modified or revoked at any time by the Department without rendering said Department or the Town of Dalton liable in any way.

O.

All of the conditions set forth herein shall be applicable to the work authorized in any permit unless the same are inconsistent with the conditions on the face of the permit in which case the conditions written or printed on the face of the permit shall apply.

P.

The acceptance of any permit or the doing of any work therein authorized shall constitute an agreement by the licensee to comply with all conditions and restrictions printed or written on said permit.

The selectmen may require all applicants for permits to furnish satisfactory evidence prior to the issuance of any permit that said applicant has in full force and effect liability and property damage insurance in such amounts as are satisfactory to the Select Board. In addition to such insurance coverage, the Select Board may require any applicant to furnish a performance bond in such amount as the Select Board may determine.

Nonrefundable fees for each thirty-day period for permits issued under § 403-2 shall be determined by the Select Board.

Violators of this bylaw shall be subject to a fine of not more than $300 for each offense or be subject to noncriminal disposition of the offense under Chapter 1.