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
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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
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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
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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:
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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.
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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
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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.
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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.
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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.
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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
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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
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Approved and Adopted