Chapter 4-04
STREET OPENINGS

Sections:

4-04-00F    Footnote to Chapter 4-04

4-04-010    Permit required

4-04-020    Applicability

4-04-030    Public utility companies

4-04-040    Emergency openings

4-04-050    Prohibited hours of operation

4-04-060    Permit application procedure

4-04-070    Fees and deposits

4-04-080    Required insurance

4-04-090    Restoration of area

4-04-100    Protection of structures in roadway; notice to owners

4-04-110    Maintenance of traffic; safety measures

4-04-120    Exceptions

4-04-00F Footnote to Chapter 4-04

Adopted 5-23-84 ATM, Art. 30.

4-04-010 Permit required

No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on in or under any street, highway, sidewalk, sidewalk area or public way in the Town of Northborough for any purpose whatsoever, except as herein provided in § 4-04-020 of this chapter, until a written permit therefor shall have been duly issued as herein provided, in accordance with the procedures set forth. All operations for which permits are issued shall be performed in compliance with the provisions of this chapter.

(Prior code § 154-1)

4-04-020 Applicability

The provisions of this chapter shall be applicable to any and all operations being worked at the time this chapter shall become effective. No operation shall be extended in area after the effective date of this chapter without first obtaining a permit therefor in accordance with the provisions of this chapter.

(Prior code § 154-2)

4-04-030 Public utility companies

A.    Public utility companies or others may, in lieu of the deposit hereinafter mentioned, deposit with the Town Treasurer their bond or a surety company bond, approved as to form, manner of execution and its sufficiency by the Treasurer of the Town of Northborough, which bond shall be retained as security for the faithful performance by the applicant of all terms, agreements, covenants and conditions of the permit on the applicant’s part to be done or performed. Said bond shall be in an amount to be determined by the Superintendent of Highways, but in no case shall the amount of the bond be less than five thousand dollars ($5,000.).

B.    Public utility companies installing underground services within the bounds of any street, highway, sidewalk area, right-of-way or public place within the Town of Northborough shall, in addition to the notice and permit requirements of this chapter, file a map showing the location of such installation with the Superintendent of Highways.

(Prior code § 154-3)

4-04-040 Emergency openings

If it becomes necessary, in the case of an emergency or any unforeseen happening, to enter upon a town road or street for the purpose of making emergency repairs to any sewer, water pipe, conduit or other underground or overhead structure, any person, firm, corporation or public utility may do so forthwith, provided that within twenty-four (24) hours of the time of making such opening, Sundays and holidays not included, proper application for a permit is made as required.

(Prior code § 154-4)

4-04-050 Prohibited hours of operation

In any residential area, no operation authorized under this chapter shall be permitted on Sundays or legal holidays nor before 8:00 a.m. nor after 5:00 p.m. on other days. In any business or industrial area, no operation authorized under this chapter shall be conducted on Sunday except where otherwise permitted by law. The Superintendent of Highways, at his discretion, may vary or modify the application of this provision as an occasion and/or necessity may demand.

(Prior code § 154-5)

4-04-060 Permit application procedure

A.    Application for a permit under this chapter shall be made to the Superintendent of Highways in writing, in duplicate, for each operation, and shall contain or be accompanied by the following information:

(1)    The full name and address of the applicant.

(2)    The full name and address of the owner or owners of the property in front of which the operation is to be performed.

(3)    The street address, if any, of the property in front of which the operation is to be performed and the Tax Map and lot designation.

(4)    A statement as to the proposed operation indicating the size and purpose thereof.

(5)    The date the proposed operation is to be commenced and the date when the operation is to be completed.

(6)    The type of pavement or surface to be disturbed.

(7)    A schedule of the proposed operation.

(8)    The estimated maximum quantity to be excavated and/or removed and the estimated part thereof which will be used for regrading and filling.

(9)    The rehabilitation proposed.

(10)    The estimated cost of the entire proposed operation.

(11)    The location of any drainage system, water main or other public utility, conduits, etc., which may be within the proposed area of operation.

(12)    Any additional information which may be reasonably required by the Superintendent of Highways.

(13)    A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance with and in accordance with the conditions of the permit, if issued, and any and all provisions of this chapter, other applicable statutes, laws or bylaws of the Town of Northborough and the rules and regulations of the Highway Department.

B.    Upon receipt of the application as provided for, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this chapter and all other bylaws, rules and regulations of the Highway Department and the Town of Northborough. Such a permit, when issued, shall be effective for such period of time, not to exceed thirty (30) consecutive calendar days, as shall be specified therein by the Superintendent of Highways. The time period may be extended, if requested in writing by the permittee prior to the expiration of the permit, for such additional period or periods of time as may be authorized by said Superintendent.

C.    Street opening permits, except in an emergency as determined by the Superintendent of Highways, will not be approved or allowed from December 1 through April 1 of any given year.

(Prior code § 154-6)

4-04-070 Fees and deposits

A.    A fee of twenty dollars ($20.) shall be paid to cover the cost of issuing a permit and the supervision and inspection of the operation done in connection therewith.

B.    Deposit.

(1)    A deposit shall be required, in an amount to be determined by the Superintendent of Highways, computed at the rate of fifty dollars ($50.) per square yard of said surface to be disturbed and a rate set by the Town Engineer for the remaining yardage. If and when machinery is to be used in connection with the operation and there is the likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required. Said additional amount shall be determined by the Superintendent of Highways, computed at the rate of fifty dollars ($50.) for the first square yard of said area to be disturbed and a rate to be set by the Town Engineer for the remaining yardage.

(2)    Said deposit is to be retained by the town for the duration of the period of maintenance. The period of maintenance shall be considered as a period of six (6) months after the date of final completion, as determined by the Superintendent of Highways, of the operation to be done pursuant to the terms of the permit, except, however, that in the event that termination of said six-month period shall fall within the month of December, January, February, March or April, the period of maintenance shall keep the operation in good order and repair during the entire period.

(3)    Upon failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit to be performed or to be completed, said deposit may be used by the town for any expense incurred by the town by reason of such failure or default on the part of the permittee, and any balance left after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.

(Prior code § 154-7)

4-04-080 Required insurance

A.    Amount. No permit for an operation under this chapter shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with said Superintendent or his designee, without cost to the town, satisfactory evidence of public liability insurance in an amount of not less than fifty thousand dollars ($50,000.) for any one (1) accident and of property damage insurance in an amount of not less than twenty-five thousand dollars ($25,000.) and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Town Counsel to insure the town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants, agents or employees in connection with said operation or with any and all work related thereto.

B.    Duration. Such insurance herein referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least ten (10) days’ prior written notice to the Town of Northborough of any modification or cancellation of any such insurance and shall contain a clause to the effect that termination of insurance shall be without prejudice to the right of the Town of Northborough to make a claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance.

(Prior code § 154-8)

4-04-090 Restoration of area

The area of any operation shall be restored with materials equivalent to those excavated so that the excavated portion shall be left in as good, substantial and permanent condition as before the excavation. The restoration shall be done under the direction of the Superintendent of Highways and shall be completed within a reasonable time after the excavation, which time shall be determined by the Superintendent of Highways.

(Prior code § 154-9)

4-04-100 Protection of structures in roadway; notice to owners

A.    No work shall be commenced, except in an emergency, nor any permit issued by the Town of Northborough until such time as the prospective permittee shall show proof of written notice at least seventy-two (72) hours prior to the commencement of such work to the owner or lessee of any pipes, conduits or other structures lying under, over or on the surface of the area where any operation is to be performed pursuant to the permit, or to the person, firm or corporation having custody, control, care or maintenance of said pipes, conduits or other structures. The permittee shall file with the Superintendent of Highways proof of the service of said written notices to such person, firm or corporation prior to the Superintendent’s issuing any permit.

B.    Notice to the Public Utility Underground Plant Damage Prevention system pursuant to MGL C. 164, § 76D, which notice provides the information required by this section with respect to any proposed excavation and which is given at least seventy-two (72) hours, exclusive of Saturdays, Sundays and legal holidays, but not more than sixty (60) days, before the proposed excavation, shall constitute compliance with the notice requirements of this section.

C.    The Public Utility Underground Plant Damage Prevention System in Massachusetts is known as "Dig Safe." The ticket number issued to the excavator by Dig Safe center shall be sufficient proof to the Superintendent of Highways or his designee issuing the street opening permit that the excavator has complied with the law.

D.    The permittee shall, at all times during the performance of the work of said operation, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures, and in the case of injury or damage, shall restore the same at his own cost and expense to the same conditions they were in prior to commencement of the work on said operation. In the event that permittee fails to comply with provisions of this subsection, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees and the cost thereof and of all damage sustained shall be paid by the permittee.

(Prior code § 154-10)

4-04-110 Maintenance of traffic; safety measures

A.    Unless otherwise authorized by the Superintendent of Highways, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:

(1)    Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and arrange the same in such a manner as to cause a minimum of inconvenience, hazard or delay to any and all traffic.

(2)    Place, install and maintain suitable adequate warnings or signs and/or flares or other suitable safety devices as approved by the Superintendent of Highways.

(3)    Provide a watchman if deemed necessary by the Superintendent of Highways and if so ordered by the Superintendent of Highways.

(4)    Designate, if necessary, and furnish competent persons to direct and expedite traffic. "Competent persons," for the purpose of this chapter, shall be duly authorized police officers assigned and approved by the Chief of Police of Northborough.

B.    Failure to maintain safety measures as required by this section shall be sufficient cause for the Superintendent of Highways to forthwith withdraw the permit for street opening and apply proceeds of the bond posted to restoration of the pavement if such is needed.

(Prior code § 154-11)

4-04-120 Exceptions

No permit, surety or bond or cash deposit or liability insurance shall be required in the following instances:

A.    For the erection of posts to hold mailboxes on the grass plot adjoining a used or paved portion of any street or highway, provided that they are properly set back from the used or paved portions thereof at least three (3) feet.

B.    For the planting of shade trees, shrubs and the like in any grass plot adjoining the paved or used portion of any street or highway, provided that they are properly set back from the used or paved portion thereof so as not to obstruct a corner view or endanger the use of such highway.

C.    For the performance of any public work by the employees for the Town of Northborough pursuant to a contract or other agreement entered into by the Town of Northborough.

D.    For the performance of any public work by a private contractor pursuant to a contract or other agreement entered into by the Town of Northborough where the terms of the contract require surety or bond or cash deposits or liability insurance greater than the amounts set forth herein.

(Prior code § 154-12)