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HomeMy Public PortalAboutStreet Opening Rules and RegulationsTown of Watertown Street Opening Rules and Regulations Watertown Street Opening Rules and Regulations Approved and Adopted by Town Manager Michael J. Driscoll,"Natertown Town Manager Date Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 1 of 19 Approved and Adopted Town of Watertown Department of Public Works Rules and Regulations Governing Street Opening Permits In the Town of Watertown 1.0 INTRODUCTION The purpose of this document is to set forth the Town of Watertown's rules and regulations governing street opening permits, permits for work in the public right-of-way, and related permitting requirements. Permits are required in the following situations: excavation within the public way or Town utility easement; moving a building over a public way; crossing a curb line, grass plot or sidewalk with construction equipment; placing materials or equipment upon or obstructing a public way; resurfacing a driveway; and construction, reconstruction, or enlargement of a driveway. Applications for street opening permits are to be filed at the Department of Public Works (DPW) with accompanying user fee, insurance certificate, project description, and project plan. Further information can be obtained by contacting the Town of Watertown DPW. Barricade: A device or structure used to prevent physical access to a specific area. Critical work areas: street intersections, arterial routes and streets within the Town shopping areas. Streets considered as ARTERIAL ROUTES are: Arlington Street Mt. Auburn Street Arsenal Street Nichols Avenue Belmont Street N. Beacon Street Bigelow Avenue Orchard Street California Street Pleasant Street Church Street School Street Common Street Spring Street Coolidge Avenue Sycamore Street Dexter Avenue Walnut Street Galen Street Waltham Street Grove Street Watertown Street Lexington Street Waverley Avenue Main Street Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 2 of 19 Approved and Adopted Curb line: The boundary line or either side of a roadway or paved portion of a street. Encroach: To intrude upon, above or beneath any public ways. Excavation: A cutting into the existing paved or grassed surface by any means whatsoever. Grass Plot: That unpaved portion (normally grassed) of a street between the curb lines or the lateral lines of a roadway, and the sidewalk. Some streets have sidewalk to the curb line. Person: Any person, firm, partnership, association, society, corporation, company, governmental agency or organization of any kind. Public Way: A street under any designation either maintained by the Town of Watertown or accepted and laid out as a public way by the Town, including without limitation the roadway and sidewalks. Roadway: That portion of a street improved, designed, or ordinarily used for vehicular traffic. Sidewalk: The paved portion of a street between the curb grass plots or the lateral lines of a roadway, and the adjacent property lines intended for pedestrian use. Street: The entire width between the boundary lines of every public way publicly maintained. Street line: The boundary line on either side of a street. Superintendent: The Superintendent of Public Works of the Town of Watertown, or his or her designee. Town Construction Contract: A Town project being constructed under direction of the Superintendent of Public Works. 3.0 STREET OPENING PERMIT POLICY AND PROCEDURES 3.1. Permit Required 3.1.1. No person shall cut into, disturb the pavement or finish of, or make any excavation in, any public way or portion thereof without first obtaining a permit from the Department of Public Works, except as otherwise provided in these regulations. 3.1.2. Permits are required for any type of excavation, including, but not limited to: installing, repairing or replacing conduit, pipes, laterals and underground utilities; resurfacing the street; resurfacing, widening, or repairing any sidewalk or curb cut in the public right-of-way; installing, replacing or removing street Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 3 of 19 Approved and Adopted curbing; and storing materials, dumpsters, or equipment in the public right-of- way. 3.1.3. No person shall cut into, disturb the pavement or finish of, or make any excavation over, any Town -owned easement or private road wherein the Town maintains water, sewer, or drainage infrastructure without first obtaining a permit from the Department of Public Works. 3.1.4. No person shall move a building over the public way without first obtaining a permit from the Department of Public Works. 3.1.5. No person shall drive any construction vehicle over a curb, grass plot or sidewalk for the purpose of creating an access way across such a curb, grass plot, or sidewalk, or shall resurface a driveway without first obtaining a permit from the Department of Public Works. 3.1.6. No person shall lower any curb or change the grade of any grass plot or sidewalk for the purpose of providing access, and no person shall construct, reconstruct, or enlarge a driveway apron without first obtaining a permit from the Department of Public Works. 3.1.7. No person shall use any portion of a public way for the purpose of placing building materials or rubbish, or storing equipment without first obtaining a permit from the Department of Public Works. 3.1.8. Permits must be kept at the job site during the progress of the excavation and must be shown, upon request, to any authorized Town personnel. 3.1.9. No person shall cut into, disturb, or excavate any public way or portion thereof except in accordance with the conditions of said permit and in compliance with these regulations. 3.1.10. Permits issued by the Department of Public Works shall pertain only to allowing work within the Town owned rights -of -way and do not authorize or permit entry onto private property adjacent to such right-of-way or alteration or disturbance to any facilities or installations existing within rights -of -way which may have been installed and are owned by the Commonwealth of Massachusetts, the Town, or others. 3.1.11. A building permit issued by the Inspectional Services Division of the Department of Community Development and Planning does not constitute a Street Opening Permit. 3.1.12. Excavations may also require a Trench Permit, in accordance with M.G.L. Ch. 82A, and 520 CIVIR 7.00. 3.2. Application and Location Plan Required Standard application forms for street opening permits can be obtained from the DPW at 124 Orchard Street, Watertown, MA, during normal business hours. A sample application is attached to this document as Appendix A. Application forms are subject to change without notice. Each application form shall be filled out completely, signed, and submitted to the DPW for review. The application shall be accompanied by the appropriate plans, permit fees, certifications, certificates of insurance, or other items specified in the application, in these Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 4 of 19 Approved and Adopted Rules and Regulations, or as reasonably requested by the Town. All plans shall be at the scale of 1" = 40' or less (i.e., 1" = 10', 1" = 20', or 1" = 30'), and shall, at a minimum, contain the following information: • Name, address, and telephone number of applicant; • Name, address, and telephone number of plan preparer (if different) and emergency contact number; • Location of the proposed street opening, resurfacing, or similar work; • Existing pavement, driveways, and buildings, including street addresses at or adjacent to the work area; • Existing property lines, mailboxes, signs, trees, fences, walls, guard rails, curbing, berms, and rock outcrops at or adjacent to the work area; • Existing utility poles and other above -ground utilities at or adjacent to the work area; • Existing underground utilities within the proposed construction area, including house connections; and • Existing wetlands, floodplains, rivers, ponds, and streams at or adjacent to the work area. • An application to move a building shall be accompanied by a written certification from the Town Manager granting permission to move the building within a public way, in accordance with Massachusetts General Law 85, Section 18; and a permit from the Tree Warden and approval of the Town Manager to cut, trim, or remove any public shade tree, in accordance with Massachusetts General Law 87, Section 13. • Each request for a street opening permit to construct, reconstruct or enlarge a driveway apron shall be accompanied by a detailed plan showing the width and location of the driveway apron and curb cut, along with written certification and approval of the Zoning Enforcement Officer. • Stormwater controls must be provided for all proposed structures and other impervious surfaces. Stormwater shall be retained on -site to the maximum extent practicable. Discharge of stormwater to the street or Town drainage system must be approved by DPW. The DPW reserves the right to consult with the Police Department, Fire Department, Town Manager, and other municipal departments as may be helpful to diligently review the application. If the application is approved, a Street Opening Permit containing reasonable conditions, as the DPW deems appropriate, shall be issued promptly. If the application is denied, the DPW shall communicate in writing to the applicant the reason(s) for denial. Such denial shall be subject to the appeal process as outlined herein. 3.3. Insurance At the time the street opening permit application is filed, the Applicant shall present a policy of insurance, with the Town of Watertown named as additionally insured, issued by a company licensed to write such insurance in the Commonwealth of Massachusetts, acceptable to said Department of Public Works, and containing the following minimum requirements, unless other amounts are prescribed by law: Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 5 of 19 Approved and Adopted A. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY Applicant's policy must meet or exceed the statutory minimums as required by General Laws of the State of Massachusetts. B. GENERAL LIABILITY Limits of Liability Bodily Injury and property damage Combined Single Limit of $1,000,000 Aggregate - $2,000,000 Arrangement of Coverage a. Premises Operation b. Products - Completed Operations c. Owners & Contractors Protective d. Explosion, Collapse, and Underground e. Broad Form Comprehensive General liability endorsement or equivalent (to include Broad Form Contractual, Personal Injury, Broad Form Property Damage, Incidental Malpractice, etc.) f. Cross Liability C. AUTOMOBILE LIABILITY 1. Limits of Liability Bodily Injury and property damage Combined Single Limit of $1,000,000 2. Arrangement of Coverage a. Employer Non -Owned b. Hired Car c. All Owned or Leased Vehicles D. UMBRELLA LIABILITY Limit of Liability: $1,000,000 (minimum) as excess over General Liability, and Workers' Compensation Coverage B All policies shall provide the Town of Watertown 30 days written notice of cancellation, non - renewal, or material change. Certificates of Insurance are to evidence the duty to notify the Town. Certificate wording to the effect that carriers will "endeavor to" provide notice and failure to provide notice "shall not impose liability or obligation" are not acceptable for the purposes of street excavation permits. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 6 of 19 Approved and Adopted Exemptions to filing insurance endorsement are made only to other governmental agencies of State and Federal level, and public utility companies in good standing with the Town. 3.4. Bond Requirements 3.4.1. Before an excavation permit is issued, the Applicant shall file with the Department of Public Works a license bond or permit bond in the amount of $10,000 which shall bind the surety and the Applicant for the duration of the work and a period of 2 years after the completion of the work as determined by the Superintendent of Public Works. 3.4.2. The Superintendent of Public Works shall be authorized to draw upon the license or permit bond to cover the costs to the Town, including administrative costs, to perform work which a permit applicant has not satisfactorily performed and or maintained. 3.4.3. No new street permits shall be issued to the same permit applicant until the Town is fully compensated for remedial work accomplished by the Town as a result of non-compliance with excavation permit requirements. 3.4.4. The Superintendent may at his discretion require a Bond for a higher amount than ten thousand dollars ($10,000) for reasons such as previous failures to comply with Town Rules and Regulations, specifications, permit requirements or for large scale projects, or projects that have potential substantive liabilities. 3.4.5. Exemptions to the bond requirement may be made only for other governmental agencies and public utility companies in good standing with the Town. 3.5. Additional Requirements Permits shall be subject to review and approval of the Superintendent of Public Works. The Superintendent of Public Works may determine the qualification of applicants based upon compliance with the application requirements, and may require additional evidence of qualification based upon experience and demonstration of past performance to undertake the scope of work covered by the permit. If required, the Applicant shall submit a completed "Application for Prequalification," as published by MassDOT, to DPW to demonstrate experience, expertise, and skill. 3.6. Indemnification The Permittee shall, as a condition of obtaining a permit, indemnify, defend, and hold harmless the Town of Watertown, its departments and officials, including the DPW Superintendent and his/her agents and employees, from any and all claims , demands, suits, actions, costs, judgments, whatsoever, including reasonable attorney's fees, arising from the acts or omissions of the Permittee, its agents, employees, and contractors, in connection with work performed pursuant to said permit, any failure on the part of the Permittee, its agents, employees, and contractors, to comply with any provision of the permit or these Rules and Regulations, or for any death, injury or Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 7 of 19 Approved and Adopted property damage suffered by any person on account of or based upon the act, omission, fault, negligence or misconduct of the Permittee, its agents, employees, and contractors. The Applicant's signature on the permit application shall constitute acknowledgement and agreement with the above condition. 3.7. Duration of Permit All street opening permits are valid for 30 days from the date of issuance unless a longer or shorter duration is expressly specified in the permit. Permittees requiring a longer duration may apply to renew their permit in 30-day increments. Permittees shall exercise best efforts to complete work in any time frame approved or specified by the Town. 3.8. Revocation of Permits The Superintendent of Public Works may at any time revoke or suspend permits for cause. Cancellation or expiration of insurance endorsement shall result in automatic revocation of permit. A Permittee who fails to comply with any provision of a permit or these Rules and Regulations may be served by the DPW with a violation notice and provided reasonable time for necessary corrective actions. The Permittee shall cease all work during the period as provided in said notice other than corrective work as required pursuant to such notice. Work allowed pursuant to the permit may only resume upon correction of all failures or violations. 3.9. Corrective Actions In order to ensure public safety, the DPW and/or Police and/or Fire shall have the right to verbally notify and require immediate corrective actions of any Permittee whose failure to comply with the provisions of a permit or these Rules and Regulations may cause safety hazards. Any Permittee who shall continue any failure or violation beyond the time limit required for compliance in any notice given will not be issued any further permits until all outstanding items are resolved. Further, any Permittee violating any provisions of a permit or these Rules and Regulations shall be liable to the Town for any expenses, losses, or damages incurred by the Town by reason of such violations, including the costs of any temporary or permanent repairs effectuated by the Town as a result of such violations. The Town may seek injunctive relief for the purposes of enforcing these Rules and Regulations. Any Permittee who continues to violate any provision of these Rules and Regulations and fails to correct violations in a timely manner shall receive NO FURTHER PERMITS or be subject to additional work restrictions until such time as the Town is satisfied that the Permittee shall have corrected all violations in compliance with the provisions of the issued Permit or these Rules and Regulations. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 8 of 19 Approved and Adopted 3.10. Emergency Action Nothing in these Rules and Regulations shall be construed to prevent the making of excavations as may be necessary in the event of emergency conditions for the preservation of life or property or for the location and repair of damage or defects in conduit, drain, culvert, or pipe, provided that the person making such emergency excavation shall apply to the Superintendent of Public Works for such a permit as soon as practicable but in no event later than 9:00 a.m. on the first business day after such emergency work is commenced. Failure to apply for a permit by the specified time shall constitute a violation of these Rules and Regulations and shall subject the individual undertaking such excavation to enforcement action. The person engaged in emergency action shall notify the Department of Public Works, the Police Department and the Fire Department at the start of emergency work. 4.0 STREET OPENING MORATORIUMS 4.1. The Town of Watertown maintains a moratorium on street opening activities between November 15 and April 15. Any exceptions must be approved by and at the discretion of the Superintendent of Public Works. 4.2. Roads paved within the past five years shall be subject to a street opening moratorium, except in emergency conditions as determined by the Superintendent of Public Works. In such circumstances, the DPW may require that the permanent patch be treated by a process (i.e. infra -red, microwave, or curb -to -curb) that will ensure that the patch is integrated into the existing bituminous surface in a seamless manner. The DPW will consider petitions to waive the five-year moratorium on a case -by -case basis balancing the perceived hardship to the applicant against the Town's'interests in protecting recently laid infrastructure. 5.0 STREET OPENINGS —GENERAL CONDITIONS 5.1. Notification to Public Utility Companies 5.1.1. The Permittee shall in accordance with the General Laws of the Commonwealth of the Massachusetts give notice to public utility companies before making an excavation. 5.1.2. Pursuant to Massachusetts General Laws, Ch. 82, Section 40A as amended, no one may excavate in the Commonwealth of Massachusetts except in an emergency without giving 72-hours' notice, exclusive of Saturdays, Sundays, and legal holidays, to natural gas pipeline companies, public utility companies, cable television companies and municipal departments that supply gas, electricity, telephone or cable television service in or to the Town. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 9 of 19 Approved and Adopted 5.1.3. The utility companies have established a public utility underground plant damage prevention system called "Dig Safe" to receive the above mentioned, notices of excavation which are then transmitted to member utilities. There is no cost to the excavator. The calls are received over toll free lines. Telephone number 1-800-322-4844. Permittees must utilize Dig Safe to ensure compliance with Massachusetts General Laws, Ch. 82, Sections 40-4OE. 5.1.4. The Town of Watertown is not a member of the Dig Safe program. Separate notification of the DPW is required. Failure to notify the Town shall be considered a violation of the permit and these Rules and Regulations. 5.1.5. All street opening permits are subject to the state's Excavation and Trench Safety Law (MGL Ch. 82a, Sections 1— 5). Compliance shall be a condition of any permit. Workers subject to licensing requirements applicable to excavation and related work must maintain current and proper licensure, including, but not limited to licensure for operation of hoisting equipment as required by MGL Ch. 146. Compliance with applicable engineering and other codes shall be a condition of any permit granted hereunder. 5.2. Traffic Control Devices: It shall be the duty of every person cutting or making an excavation in a street to place and maintain all required signs and traffic devices. All signs and devices shall be in accordance with the Massachusetts Manual on Uniform Traffic Control Devices. The number and location of all signs and devices shall be as deemed necessary by the Superintendent for the safe and efficient performance of the work and the safety of the traveling public. All traffic control devices shall be installed prior to commencement of work. Any detour signage shall be covered when not in use. 5.3. Boundary Lines: Permittees shall retain their own land surveyors to establish the line or otherwise inform themselves of the demarcation between public lands and private holdings. 5.4. Vital Structures: The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, catch basins, and all other vital structures and equipment as designated by the Superintendent. 5.5. Start of Work: Work shall start as near to the starting date specified in the permit as possible. In any case, a seventy-two hour notice to the Department of Public Works prior to starting work is required. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 10 of 19 Approved and Adopted 5.6. Excavated Material: All material excavated from trenches or excavations shall be removed from the site of the work except in such cases where the material is suitable, and permission has been granted by the Superintendent, for use as backfill. 5.7. Construction Materials: Construction materials on the site shall be limited in quantity and occupied space so as to not unduly hinder and block the use of the way. 5.8. Dust and Clean-up: As the excavation work progresses, all ways shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. The Permittee shall take necessary precautions to prevent and avoid dust and to keep the way clean each day. All clean-up operations shall be accomplished at the expense of the Permittee and shall be carried out to the satisfaction of the Superintendent. 5.9. Noise: Each Permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. During the hours from 10:00 p.m. to 7:00 a.m., he shall not use, except with the express written permission of the Superintendent, or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. The Permittee is also bound to obey any noise ordinance of the Town or applicable state regulation thereof. 5.10. Prompt Completion of Work: After an excavation is commenced, the Permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the way to its original condition or as near as may be possible, so as not to obstruct the way or travel thereon more than is reasonably necessary. 5.11. Trenches: The maximum length of open trench permissible at any time may be specified by the Superintendent and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and other operations without the written permission of the Superintendent. 5.12. Inspections: The Permittee shall contact the DPW to inspect all work. Inspection notification, at least twenty-four (24) hours in advance, is required for each of the following stages of work: start of work; prior to or during any backfilling operations; prior to pouring concrete; prior to any paving operations; and final inspection. The Permittee shall comply with any corrective work requested by the DPW prior to proceeding further on the project. The determination as to the acceptability of all work shall be at the sole discretion of the Superintendent of Public Works. 5.13. Testing of Work: The Superintendent may order a test on any street restoration, at the Permittee's expense to determine if the work has been completed in accordance with Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 11 of 19 Approved and Adopted Town specifications. The Permittee shall employ a laboratory or testing facility deemed acceptable to the Superintendent of Public Works, at the Permittee's expense. If the test shows the street restoration to be unacceptable, the Permittee shall be responsible for the costs of any additional testing and the work necessary to make the proper restoration. 6.0 STREET OPENINGS —TRAFFIC CONTROL Every opening in the road rights -of -way hinders the true function of the road, whether in the traveled way or off the road proper, to serve as a thoroughfare for traffic or pedestrians. Control and regulation of utility installations is also motivated, to a large extent, by the need to protect the safety of utility workmen and equipment. 6.1. Logistical planning must be coordinated with the Department of Public Works in conjunction with the Police Department. All non -municipal work in the public way shall require police detail(s) as directed by the Police Department. Planning will determine requirements for advance warning signs, directional signs, detail officers, lighting, and all such standard traffic control devices deemed necessary. Upon approval of the logistics plans and construction plans, implementation of logistics plans must be strictly undertaken by the contractor performing the work. 6.2. The Permittee shall take appropriate measures to assure that normal traffic conditions are maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The Permittee shall maintain safe crossings for two lanes of vehicle traffic at all road intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across a public way, it shall be made in sections to assure maximum safe crossing for vehicles and pedestrians. If the way is not wide enough to hold the excavated material for part time storage, the material shall be immediately removed from location. 6.3. At no time will closing of a roadway be permitted without prior written approval from the Superintendent of Public Works. When the Superintendent deems it necessary, the Permittee shall engage a police officer or officers at the Permittee's expense. The use of Police at the Permittee's cost to maintain traffic control and public safety of a project does not eliminate the need for warning signs and traffic control devices. 6.4. The covering of open trenches shall be required when work is not underway in areas where pedestrian traffic is likely to occur or where such open trench is a hazard to vehicular traffic. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 12 of 19 Approved and Adopted 6.5. The storing of construction material in the public right-of-way in connection with utility projects will be limited and will not be permitted without prior written approval from the Superintendent of Public Works. Failure to obtain such approval may result in assessment of a fine. 6.6. Utility construction/maintenance activities which must occur on heavily traveled roadways will be prohibited during the peak traffic volume periods. Work hours will be established by the Town. The closing of any lane to traffic must have written approval from the Superintendent of Public Works. 6.7. The utility companies must recognize the need and use of driveways to adjacent properties and their closure must be limited and every effort must be expended to open and make serviceable those driveways that are closed, in the shortest time possible. If closure of driveways is anticipated, the contractor performing the work must notify the owners of such driveways in advance of closure, and must notify the owners of anticipated length of time of closure. 6.8. Warning signs shall be placed a sufficient distance back of the construction operation to alert all traffic within the way and cones or other approved devices shall be placed to channel traffic, all in accordance with the requirements of the Police Department or the Superintendent of Public Works. 6.9. Warning signs, lights, and such other precautions as may be necessary for those purposes, unless specified by the Superintendent, shall conform to the requirements and practices of the Massachusetts Department of Public Works for their use in the performance of work upon streets and highways, and as provided in the "Manual on Uniform Traffic Control Devices for Streets and Highways". 6.10. Notice to Permittees: Costs of placing barricades and/or interim repairs required due to the failure of the Permittee to maintain safe conditions shall be borne by the Permittee. These costs may also include the cost to the Town of personnel (including police details) on overtime rates due to emergency repairs performed on off -hours, or holidays. 7.0 PROTECTIVE MEASURES 7.1. Work Zone Safety: The Permittee shall take all reasonable precautions for safety and shall provide all reasonable protection to prevent damage, injury or loss to all employees in the work zone and other persons who may be affected thereby. 7.2. Adjoining Property: The Permittee shall at all times and at its own expense preserve and protect from injury any adjoining property by providing proper support, and by taking such other precautions as may be necessary for these purposes. The Permittee shall, at its own expense, shore up and protect all buildings, walls, fences, foundations, Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 13 of 19 Approved and Adopted pavement, landscaping or other property that may be subject to damage during the progress of the excavation work and shall be responsible for all damage to public or private property resulting from its failure to properly protect and carry out said work. The Permittee shall not remove, even temporarily, any trees or shrubs which exist in planting strip areas without first obtaining the consent of the Superintendent. 7.3. Utilities: The Permittee shall not interfere with any existing utility without the written consent of the Superintendent and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner and the cost of such work shall be borne by the Permittee. The Permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage in accordance with Massachusetts General Laws, Ch. 82, Sections 40-40E. The Permittee shall adequately support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work area. In the event any of said pipes, conduits, poles, wires or apparatus are damaged, and for this purpose pipe coating and other encasement or devices are to be considered as part of a substructure, such damage shall be repaired by the agency or person owning them and the expense of such repairs shall be borne by the Permittee. The Permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, storm drain, gas pipe, electric conduit or other utility. 7.4. Gutters and Basins: The Permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Catch basins shall be kept clear and serviceable. The Permittee shall make provisions to properly address all surplus water, muck, silt, or other run-off pumped or removed from excavations and shall be responsible for any damage or additional maintenance work resulting from its failure to so provide. 7.5. Monuments: Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey benchmark within the Town, shall not be removed or disturbed without first obtaining permission, in writing, from the Town to do so. Insofar as the Town has the right to do so, permission to remove or disturb such monuments, reference points or benchmarks shall be granted only when no alternate route for the proposed substructure or conduit is available. If the Town is satisfied that no alternate route is available, permission shall be granted only upon condition, by an agreement in writing, that the Permittee shall pay all expenses incidental to the proper replacement of the monument by the Town. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 14 of 19 Approved and Adopted 8.0 STREET OPENINGS -TECHNICAL REQUIREMENTS 8.1. Breaking Through Pavement 8.1.1. The use of air/hydraulic pavement breaker for cutting/breaking pavement is approved. The Superintendent after due consideration of the location, the condition and depth of the pavement may order that the limit edges of the proposed cutting of pavement shall be made with a cutting saw or cutting wheel. In the case of Portland cement concrete pavement, the cutting saw shall be used. A cutting saw or cutting wheel shall be used when excavation/trench length is 50 feet or greater. 8.1.2. Approved cutting of Portland cement, concrete and bituminous pavement surface ahead of excavations is required to confine pavement damage to the limits of the trench. 8.1.3. Sections of sidewalks shall be removed to the nearest score line or approved saw cut edge. 8.1.4. Unstable pavement shall be removed over cave cuts and over breaks and the subgrade shall be treated as the main trench. 8.1.5. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench. 8.1.6. Cut-outs outside of the trench lines must be perpendicular or parallel to the trench line. 8.1.7. Excavations shall be made in open cut and no tunneling will be allowed except by special permission of the Superintendent. Trenches and excavations shall be braced and sheathed when necessary. 8.2. Backfilling 8.2.1. Excavated material shall not be used for backfill unless it consists of clean sand or gravel and with permission of the Superintendent or his designee. Broken pavement, large stones, clay, roots and other debris shall not be used in the backfill. 8.2.2. At the discretion of the Superintendent of Public Works, flowable fill may be required as backfill material, based on characteristics such as vehicle load and traffic volume, underground utilities, soil suitability, and time of year. 8.2.3. Backfill material shall consist of sand, bank -run gravel or two-inch size processed gravel as approved by the Superintendent. 8.2.4. Sand or bank -run gravel may be used from the bottom of the trench to a point twelve inches below the surface of the pavement. Only gravel borrow is to be used in the top twelve inches of the excavation, maximum size of stone in gravel shall be 2 inches in largest dimension - State Spec. M1.03.0, type C. 8.2.5. Backfill material shall be placed in ten -inch layers, power tamped and moistened when required to secure maximum compaction of the backfill and to reduce settlement. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 15 of 19 Approved and Adopted 8.2.6. A temporary hot patch ("Sylvex" or equal when hot top is not available) must be placed on the surface of the fill and thoroughly compacted. Temporary paving shall closely follow backfilling operation. 8.2.7. Temporary pavement shall be Class I Bituminous Concrete Type 1-1, two inches (2") thick as directed, conforming to Section 460 of the Massachusetts Standard Specifications for Highways and Bridges. The temporary pavement shall be maintained in a satisfactory condition until the permanent pavement is placed. 8.3. Road Plates 8.3.1. Road plates shall not be used without prior authorization by the Superintendent of Public Works. 8.3.2. Excavations must be backfilled prior to use of road plates; road plates may not be used to cover open excavations. 8.3.3. The Permittee shall use the proper size steel plates. The plates must extend at least one foot beyond the pavement opening onto firm ground. 8.3.4. Steel plates shall be recessed into the pavement and fixed in place to avoid movement. 8.3.5. When multiple steel plates are used and butt up to each other, they shall be welded together at the longitudinal seams. 8.3.6. Plates shall be countersunk when necessary due to uneven roadways. 8.3.7. Plates shall be coated with an anti-skid coating. 8.3.8. Appropriate signage, such as "STEEL PLATE AHEAD" and "STEEL PLATE" shall be installed to provide advanced warning to motorists and particularly motorcyclists. The edges of steel plates shall be marked/painted to improve visibility. 8.3.9. Roadway and trench wall conditions shall be reevaluated throughout and at the end of the day and to ensure safety. 8.4. Policies, Construction Specifications and Details: The DPW may adopt additional policies, construction specifications and details to supplement these Rules and Regulations. The purpose of such documents shall be to clarify and standardize technical requirements, procedures, and typical construction methods within the Town. 9.0 TRENCH RESTORATION All trenches shall be restored by or under the direction of the Department of Public Works of the Town of Watertown at the expense of the Permittee. 9.1. Permanent Pavement —Specifications 9.1.1. All permanent pavement shall be performed by and at the expense of the Permittee in accordance with the specifications of the Department of Public Works. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 16 of 19 Approved and Adopted 9.1.2. Bituminous concrete pavement shall have a minimum depth of 5-inches; if the existing pavement thickness is greater than 5-inches, then the existing pavement thickness shall be matched. The pavement shall be laid in a minimum of two courses. 9.1.3. Immediately prior to placing the base and/or binder course, the existing pavement edges shall be cut back a minimum of 12-inches to provide a stable and unyielding edge, free of loose or broken pieces. All edges shall be cut perpendicular or aligned parallel to the centerline of the trench. 9.1.4. Immediately after placement of the top course, all joints between the existing and new top course shall be sealed with hot poured rubberized asphalt joint sealant. 9.1.5. All berms, curbing, driveways, sidewalks, and pavement markings shall be restored to preconstruction conditions in accordance with the specifications of the Department of Public Works. 9.2. Restoration Guaranty 9.2.1. Any person making excavations in streets must guarantee their permanent restoration work for a period of three years from the date of acceptance of the permanent restoration by the Superintendent. The permit holder may be required to completely re -excavate, refill, and repave any permanent restoration that fails within the three-year guarantee period. 9.2.2. If, at anytime, whether during or after the three-year guarantee period, it is discovered that the permanent restoration was not made in accordance with Town specifications, the permit holder shall be responsible for making a proper restoration. 9.3. Notice to Permittee: Road repairs may be made by the Town upon failure of the Permittee to properly prosecute the work of resurfacing. The Town can perform the work or have the work done by contract. The Permittee's cash bond will be used to pay for this work. 10.0 PERMIT FEES 10.1. Applications for permits shall be made in writing to the Superintendent, shall contain such information as — may be required, and shall be accompanied by the permit fees, as specified in Appendix A. 10.2. Permit fees shall be waived for work being done by a contractor performing or accommodating a Town construction contract. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 17 of 19 Approved and Adopted 11.0 ENFORCEMENT 11.1. Fines and Penalties 11.1.1. Any person who violates these Rules and Regulations may be subject to a fine in the amount of $250.00 for each offense. Each day such violation continues shall constitute a separate offense. 11.1.2. Any person opening the public way without a permit is subject to the cancellation and refusal of existing and future permits. Any person who continues to violate any Rule or Regulation shall receive no further permits until such time as the Town is satisfied that the person is in compliance with these Rules and Regulations. 11.1.3. Notice of a violation shall be provided by the Town in writing, via certified mail, return receipt requested, which shall set forth the nature of the violation and the penalty to be imposed therefor. 11.1.4. These regulations may be enforced by application for criminal complaint, by non- criminal disposition (G.L. c40, s21D), and by a petition in superior court for injunctive relief and for an award to the town of its costs. 11.2. Hearings 11.2.1. Any person accused of violating these Rules or Regulations may request a hearing before the Superintendent or his designee in order to afford the person an opportunity to be heard in regard to the alleged violation, with or without counsel, as the person may choose. 11.2.2. Any hearing scheduled under this section shall be held not sooner than 15 days nor later than 30 days (unless waived by the person requesting the hearing), after the date of the violation notice. The rules of evidence observed by the courts shall not apply to such hearing. The proceedings may be recorded, and the recording shall be kept in the DPWs custody. Any person who desires a transcript of the hearing may obtain one from the DPW, upon payment to the DPW of the transcription charges reasonably incurred by the DPW. 11.2.3. At any hearing scheduled under these provisions, the documents and other evidence offered shall constitute the hearing record. The hearing decision shall be based solely on the hearing record and shall be made within 30 days (unless waved by person requesting the hearing) after the conclusion of the hearing. The decision shall be issued in writing summarizing the matter(s) considered and the reasons for the determination made on such matter(s). The written decision shall be signed and dated by the DPW or his designed representative and shall be mailed to the person who requested the hearing. Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 18 of 19 Approved and Adopted APPENDIX A PERMIT FEES Non Refundable Application Fee (All Permits): $100.00 Excavation Permit: Up to 150 sq. ft. $140.00 Each additional 150 sq. ft. $25.00 Obstruction of a Public Way: Per Day $15.00 Per Month $150.00 Moving a Building: $2,000.00 The Superintendent shall fix the fee dependent on the amount of work required as determined by review of the move route. The minimum fee will be $2000.00 Driveway Openings: Resurface Existing Driveway Residential Driveway: New, Reconstruction or Enlargement Commercial Driveway: New, Reconstruction or Enlargement Crossing a Public Way or Sidewalk with Construction Equipment: 529392/WATR/0001 $5.00 $5.00 $140.00 $5.00 Rules and Regulations Governing Street Opening Permits in the Town of Watertown Page 19 of 19 Approved and Adopted