Canton, Massachusetts · Saved source text
Town By-Laws
Saved text from 241 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 81
REVISED General By-Laws (2022 edition)
The permit and application required by this by-law shall not apply to emergency
projects necessary for the protection of the health or safety of the public,
provided that the work is to be performed by or has been ordered to be
performed by an agency of the Commonwealth or a political subdivision thereof,
provided that advance notice, oral or written, has been given to the Commission
prior to commencement of work or within 24 hours after commencement,
provided that the Conservation Commission or it's agent certifies the work as an
emergency project, provided that the work is performed only for the time & place
certified by the Conservation Commission for the limited purposes necessary to
abate the emergency, and provided that within 21 days of commencement of an
emergency project a permit application shall be filed with the commission for
review as provided in this by-law. Upon failure to meet these and other
requirements of the Commission, the Commission may, after notice and a public
hearing, revoke or modify an emergency project approval and order restoration
and mitigation measures.
Other than stated in this section, the exceptions provided in the Wetlands
Protection Act shall not apply.
Section 4. Application for Permits and Requests for Determination 15-4
Written applications shall be filed with the Commission to perform activities
regulated by this by-law affecting the resource areas protected by this bylaw.
The application shall include such information and plans as are deemed
necessary by the Commission to describe proposed activities and their effects on
the environment. No activities shall commence without receiving and complying
with a permit issued pursuant to this by-law.
The Commission in an appropriate case may accept as the application and plans
under this by-law the Notice of Intent and plans filed under the Wetlands
Protection Act, M.G.L. Chapter 131, Section 40, or as it may be amended from
time to time.
Any person desiring to know whether or not a proposed activity or an area is
subject to this by-law may in writing request a determination from the
Commission. Such a request for determination shall contain data and plans
specified by the regulations of the Commission. In the absence of regulations,
the same notice, plans and specifications required to be filed by an applicant
under M.G.L., Chapter 131, Section 40, or as it may be amended from time to
time, will be accepted as fulfilling the filing requirements of this by-law.
15-4
As amended under article 38, ATM May 19, 1997.
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REVISED General By-Laws (2022 edition)
At the time of an application or request the applicant shall pay a filing fee
specified in regulations of the Commission. This fee is in addition to that required
by the Wetlands Protection Act, M.G.L., Chapter 131, Section 40. In addition, the
Commission is authorized to require the applicant to pay the costs and expenses
of any expert consultant deemed necessary by the Commission to review the
application or request up to a maximum of $5,000.00. The Commission may
waive the filing fee and costs and expenses for an application or request filed by
a government agency and shall waive them for a request for determination filed
by a person having no financial connection with the property which is the subject
of the request.
Section 5. Notice and Hearings 15-5
Any person filing a application or request for determination with the Commission
at the same time shall give written notice thereof, by certified mail, certificates of
mailing, or hand delivery (if by hand delivery, the applicant shall provide
notarized proof of delivery to the Commission) to all abutters according to the
most recent records of the Assessors, including those across a traveled way or
body of water. The Assessors shall certify to the Commission the names and
addresses of all abutters and such certification shall be conclusive for all
purposes. The notice to abutters shall enclose a copy of the application or
request, with plans, or shall state where copies may be examined and obtained
by abutters free of charge. When a person requesting a determination is other
than the owner, the request, the notice of the meeting and the determination itself
shall be sent by the Commission to the owner as well as to the person making
the request.
The Commission shall conduct a public hearing on any applications or request
for determination, with written notice given at the expense of the applicant, five
working days prior to the hearing, in a newspaper of general circulation in the
municipality.
The Commission shall commence the public hearing within 21 days from receipt
of a completed application or request for determination. The Commission shall
issue its permit or determination in writing within 31 days of the close of the
public hearing thereon. The Commission in an appropriate case and its
discretion, may combine its hearing under this by-law with any hearing required
to be conducted under the Wetlands Protection Act, M.G.L., Chapter 131,
Section 40, or as amended from time to time.
15-5
As amended under Article 24, ATM 1991. As amended under article 34, ATM May 10, 2017.
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REVISED General By-Laws (2022 edition)
The Commission shall have authority to continue the hearing to a date certain
announced at the hearing, for reasons stated at the hearing, which may include
receipt of additional information offered by the applicant or others, information
and plans required of the applicant, deemed necessary by the Commission in its
discretion, or comments and recommendations of boards and officials listed in
Section 6. In the event the applicant objects to a continuance or postponement,
the hearing shall be closed and the Commission shall take action on such
information as is available.
Section 6. Coordination With Other Boards 15-6
Any person filing a permit application shall provide a copy thereof at the same
time, by certified mail or hand delivery (if by hand delivery, notarized proof of
delivery shall be provided to the Commission), to the Select Board, Planning
Board, Zoning Board of Appeals, Board of Health, Town Engineer, Fire Chief,
and Building Inspector. The Commission shall not take final action until such
boards and officials have had 14 days from receipt of notice to file written
comments and recommendations with the Commission, which the Commission
shall take into account but which shall not be binding on the Commission. The
applicant shall have the right to receive any such comments and
recommendations, and respond to them at a hearing of the Commission, prior to
final action.
Section 7. Permits, Determinations, and Conditions
If the Commission after a public hearing determines that the activities which are
the subject of the application are likely to have a significant or cumulative effect
upon the wetland values protected by this by-law, the Commission, within 31
days of the close of the hearing, shall issue or deny a permit for the activities
requested. If it issues a permit, the Commission shall impose conditions which
the Commission deems necessary or desirable to protect those values, and all
activities shall be done in accordance with those conditions. The Commission is
empowered to deny a permit for failure to meet the requirements of this by-law;
for failure to submit necessary information and plans requested by the
Commission; for failure to avoid or prevent unacceptable significant or cumulative
effects upon the wetlands values protected by this by-law; and where conditions
are not adequate to protect those values, or if in the commission's judgment such
denial is necessary to preserve environmental quality of both the subject lands
and contiguous lands. Due consideration shall be given to any demonstrated
hardship on the applicant by reason of denial, as presented at the public hearing.
A permit shall expire three years from the date of issuance. Notwithstanding the
above, the Commission in its discretion may issue a permit expiring five years
from the date of issuance for recurring or continuous maintenance work,
provided that annual notification of time and location of work is given to the
Commission. Any permit may be renewed once for an additional one year
period, provided that a request for a renewal is received in writing by the
Commission prior to expiration.
15-6
As amended under article 24, ATM 1991.
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REVISED General By-Laws (2022 edition)
For good cause the commission may revoke or modify a permit issued under this
by-law after public notice and public hearing, and notice to the holder of the
permit.
The Commission in an appropriate case may combine the permit or other action
on an applications issued under this by-law with the Order of Conditions issued
under the Wetlands Protection Act.
Section 8. Regulations
After public notice and public hearing the Commission may promulgate rules and
regulations to effectuate the purposes of this by-law. Failure by the Commission
to promulgate such rules and regulations or a legal declaration of their invalidity
by a court of law shall not act to suspend or invalidate the effect of this by-law.
Section 9. Definitions
The following definitions shall apply in the interpretation and implementation of
this by-law.
(a) The term "person" shall include any individual, group of individuals,
association, partnership, corporation, company, business organization,
trust, estate, the Commonwealth or political subdivision thereof to the
extent subject to town by-laws, administrative agency, public or quasi-
public corporation or body, this municipality, and any other legal entity, its
legal representatives, agents, or assigns.
(b) The term "alter" shall include, without limitation, the following activities
when undertaken to, upon, within or affecting resource areas protected by
this by-law:
(a) Removal, excavation or dredging of soil, sand, gravel, or aggregate
materials of any kind;
(b) Changing of pre-existing drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow
patterns, or flood retention characteristics;
(c) Drainage or other disturbance of water level or water table;
(d) Dumping, discharging or filling with any material which may degrade
water quality;
(e) Placing of fill, or removal of material, which would alter elevation;
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REVISED General By-Laws (2022 edition)
(f) Driving of piles, erection or repair of buildings, or structures of any
kind;
(g) Placing of obstructions or objects in water;
(h) Destruction of plant life including the cutting of trees;
(i) Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water;
(j) Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater;
(c) The term "Commission" means the Canton Conservation Commission.
(d) All other definitions as set forth in M.G.L., Chapter 131, Section 40 and
Massachusetts Regulation 310 CMR issued by the Department of
Environmental Quality Engineering are hereby made a part of this by-law.
Section 10. Security
As part of a permit issued under this by-law, in addition to any security required
by any other municipal or state board, agency or official, the Commission may
require that the performance and observance of the conditions imposed
hereunder be secured wholly or in part by one or more of the methods described
below:
(a) By a proper bond or deposit of money or negotiable securities or other
undertaking of financial responsibility sufficient in the opinion of the
Commission;
(b) By a conservation restriction, easement or other covenant enforceable in a
court of law, executed and duly recorded by the owner of record, running
with the land to the benefit of this municipality whereby the permit
conditions shall be performed and observed before any lot may be
conveyed other than by mortgage deed.
Section 11. Enforcement
The Commission, its agents, officers, and employees shall have authority to
enter upon privately owned land for the purpose of performing their duties under
this by-law, or in response to a request for a prior determination, and may make
or cause to be made such examinations, surveys or sampling as the Commission
deems necessary.
The Commission shall have authority to enforce this by-law, its regulations and
permits issued thereunder by violation notices, administrative orders, and civil
and criminal court actions.
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REVISED General By-Laws (2022 edition)
Upon request of the Commission, the Select Board and the Town Counsel shall
take legal action for enforcement under civil law. Upon request of the
Commission the chief of police shall take legal action for enforcement under
criminal law.
Municipal boards and officers, including any police officer or other officer having
police powers, shall have authority to assist the Commission in enforcement.
Any person who violates any provision of this by-law, regulations thereunder, or
permits issued thereunder, shall be punished by a fine of not more that $300.00.
Each day or portion thereof during which a violation continues shall constitute a
separate offense, and each provision of the by-law, regulations, or permit
violated shall constitute a separate offense.
In the alternative to criminal prosecution the Commission may elect to utilize the
non-criminal disposition procedure set forth in M.G.L. Chapter, 40, Section 21D,
or as it may be amended from time to time.
Section 12. Burden of Proof
The applicant for a permit shall have the burden of proving by a preponderance
of the credible evidence that the work proposed in the application will not have
unacceptable significant or cumulative effect upon the wetland values protected
by this by-law. Failure to provide adequate evidence to the Commission
supporting this burden shall be sufficient cause for the Commission to deny a
permit or grant a permit with conditions.
Section 13. Relation to the Wetlands Protection Act
This by-law is adopted under the Home Rule Amendment to the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetlands
Protection Act, M.G.L. Chapter 131, Section 40, and regulations thereunder.
Section 14. Severability
The invalidity of any section or provision of this by-law shall not invalidate any
other section or provision thereof, nor shall it invalidate any permit or
determination which previously has been issued.
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REVISED General By-Laws (2022 edition)
ARTICLE XVI
MISCELLANEOUS
Section 1. Filling Vacancies in Non-Elective Positions 16-1
Section 2. Building By-Law Board of Appeals
This by-law was rendered inapt due to the adoption of the state building code
superseding all local codes, It was "disallowed" by the Attorney-General when
submitted following the ATM 1992 recodification vote.
Section 3. Soil Removal 16-3
Pursuant to the provisions of M.G.L., Chapter 40, Section 21 (17), as amended,
no soil, loam, sand, or gravel shall be removed from any land not in public use in
the Town of Canton, except as otherwise provided in Section X of the Canton
Zoning By-Law.
Section 4. Trailer By-Law 16-4
For the prevention of fire and the preservation of life, health and morals, the
location, use, parking, storage, and occupancy of trailers in the Town of Canton
is hereby regulated pursuant to the provisions of M.G.L., Chapter 143, as
amended.
Definition:
In this By-Law, the term "trailer" shall mean any of the various types of vehicles
which depend for mobility on an attached vehicle or other propelling apparatus,
and which are used, or may be used for human habitation or for business
purposes, but excluding vehicles used only for the transportation of materials,
products, or animals. Any trailer which, by removal of wheels, by anchoring to a
foundation, by incorporation into a fixed structure, or otherwise has it s mobility
reduced, shall, nevertheless, be considered as a "trailer" within the scope of this
By-Law.
16-1
Inserted under article 40, ATM 1964. Section 1 deleted in its entirety under article 24, ATM May 8, 2002.
16-3
Inserted under article 11, STM May 23, 1966.
16-4
Inserted under article 17, ATM 1957.
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Special Regulation:
No person shall park, store, occupy or use a trailer for living or business
purposes except:
1. In an approved trailer park.
2. In a garage or other accessory building, or in the real half of a lot owned or
occupied by the owner of the trailer (if placed so as to conform to the yard
requirements of the Zoning By-Laws for main buildings in the same
district), but its use for business and/or living purposes is prohibited,
except that the Board of Appeals may subject to reasonable conditions
and safeguards, authorize:
a. The use of a trailer as a temporary office incidental to construction on
or development of the premises on which located.
b. The temporary use of a trailer for living purposes owner of the lot on
which located for a period not exceeding three (3) months, provided
that such authorization shall not be renewed or extended to exceed a
total of twelve (12) months in any case.
3. The owner of a lot may permit occupancy of such lot by non paying guests
using a trailer for living purposes for a period not exceeding one (1) month
in any calendar year. A permit for this purpose must be obtained from the
Building Inspector before the land can be so occupied.
Zoning and Other By-Laws:
No provision of the Zoning By-Laws or any other legal statutes, by-laws, or
regulations pertaining to the location, use or construction of, buildings shall be
nullified by the provisions hereof.
Section 5. Disposition of Tax Title Property
(a) Prior to disposition of any property held by the Town under tax title, either
by assignment of such tax title or sale, (except to allow redemption as
provided by law), the Town Treasurer or Tax Collector, as the case may
be, shall submit a written report to the Finance Committee, Conservation
Commission and the Planning Board, indicating the land area, location
and general description of the property in question, the amount of back
taxes owing, the name and address of the record owner, and the
proposed disposition.
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REVISED General By-Laws (2022 edition)
(b) Within forty-five days after receipt of said report, the Finance Committee,
Conservation Commission and Planning Board shall determine whether
the best interests of the Town will be served by (a) Assignment of the
Town's tax title; (b) Sale of the property at public auction; or (c) Retention
of the property by the Town, through foreclosure of its tax title. The
Finance Committee, Conservation Commission and Planning Board shall
make their recommendations in writing to the Town Treasurer.
(c) Upon receipt of said reports, or at the expiration of said 45 days, the
Treasurer or Tax Collector may dispose of such property in accordance
with the provisions of M.G.L., Chapter 60, as amended.
Section 6. Council on Aging 16-6
(a) Appointment, Powers - The Select Board shall appoint a Council on
Aging for the purpose of coordinating or carrying out programs designed
to meet the problems of the aging in cooperation with programs of the
Commission on Aging established under Chapter 6, Section 73 of the
General Laws.
(b) Composition - The Select Board shall appoint the Council on Aging
consisting of seven (7) members. Upon acceptance of this by law, the
Board shall appoint three (3) members for three (3) year terms, two (2)
members for two (2) year terms and two (2) members for one (1) year
terms. Members can be re-appointed for concurrent terms. The members
of the Council shall serve without pay.
(c) Vacancies - Whenever a vacancy shall occur in the membership of the
Council, by reason of death, resignation, inability to act or for any other
reason, the vacancy shall be filled by appointment by the Select Board for
the remainder of the term.
(d) Organization - The Council on Aging at its first annual meeting and
thereafter, annually in April of each year, shall elect from its membership a
President, 1st Vice President, 2nd Vice President, Secretary and
Treasurer. Each officer shall hold office until the next annual election. In
the event a vacancy occurs in any of the offices above, the Council shall
hold a special meeting for the purpose of electing one of its members to fill
such vacancy.
(e) Annual Report - The Council shall prepare and submit an annual report
of its activities to the Town and shall send a copy thereof to the
Commission on Aging.
Section 6A. Beautification Committee 16-6A
There shall be a Beautification Committee consisting of five members appointed
by the Select Board for overlapping terms of three years. Preference in
16-6
Inserted under article 2, STM October 19, 1970.
16-6A
Inserted under article 23, ATM 1974.
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REVISED General By-Laws (2022 edition)
appointments shall be given to persons having interest in the fields of landscape
architecture, horticulture, engineering, architecture, planning and art or other
fields germane to the function of the Committee.
The committee shall serve as advisors to the Select Board and other Boards,
departments and commissions of the Town in matters relating to aesthetics,
recommend plans for public buildings and other public areas and may undertake
direction of projects as authorized by the Select Board.
The Committee shall be authorized to accept and use donations from private
sources for said projects and that a detailed accounting of the fund be presented
to the Finance Committee on a semi annual basis and furthermore shall be
published in the Town Report.
Section 7. Private and Public Dumping Grounds
Inserted under article 46, ATM 1979. This section was "disallowed" by the
Attorney-General when submitted following the ATM 1992 recodification vote.
Section 7A. Capital Planning Committee 16-7A
(a) Establishment, Scope - There shall be a Capital Planning Committee (also
referred to as the “CPC”, or hereinafter referred to as the “Committee”) which shall
consider requests for Capital Expenditures as herein defined to be made by the
Town, and which shall be responsible for Capital Planning on a continuing basis.
(b) Composition - The Committee shall consist of seven (7) members who shall be
registered voters of this Town.
(c) Mode of Appointment, Term of Office, Vacancies – Members of the Committee
shall be appointed by the Town Moderator for a term of three (3) years so arranged
that the terms of office of no more than three (3) members should expire each year.
The Town Moderator for the balance of the unexpired term shall fill vacancies in
membership.
16-7A
Inserted under article 18, ATM 1977. Section 16-7A was deleted in its entirety and a new section 7A inserted under
article 22, ATM April 28, 2003 and amended under article 32, ATM 2011.
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(d) Restrictions on Appointments - No person shall be eligible for appointment to
the Committee; (1) who is a full-time employee of the Town; (2) where such
appointment would cause two (2) persons to serve simultaneously who are
members, or representatives of the same Town agency; (3) for a fourth
consecutive three year term, or having been appointed to fill an unexpired term,
for a third consecutive three year term where such appointment would result in
consecutive service of more than ten (10) years. A member of the Committee who
removes from the Town, or, who accepts a full-time Town position, which would
render them ineligible to serve, shall cease to be a member of said Committee.
(e) Submissions by Town Agencies and Citizen Petitioners – Annually, every Town
agency and citizen petitioners shall file with the Committee, not later than
December 31, a compilation of proposed Capital Expenditures which it anticipates
will be made by or for it during the five (5) fiscal years next following said filing. The
submitted report shall be made on forms provided by the Committee. The
provisions of this section shall include the School Committee but shall not be
construed to conflict with or supersede the provisions of M.G.L., Chapter 71,
Section 34.
For each town meeting, the Committee shall receive a list of citizen-initiated
petitions that will require the expenditure of capital funds in order to fulfill the intent
of the petition.
(f) Definition of Capital Expenditures - For the purpose of this By-Law the term
"Capital Expenditure" shall include Cash Capital or Debt Capital-related
expenditures for purchases of items, programs, services or projects which may
include salaries and benefit costs and which:
CASH CAPITAL:
1. Have a total cost of at least Five Thousand Dollars ($5,000) for: (1) a
single-item purchase or service; (2) multiple common-item purchases
that are bundled under an umbrella contract with a single vendor; (3)
bundled purchases that are based on need; or, (4) bundled components
of a project, program or service; or,
2. Have a total cost of at least Five Thousand Dollars ($5,000) for individual
vehicles and/or equipment, when it is determined that this is the most
appropriate method of funding the acquisition.
3. The foregoing 1 or 2 shall, when practicable, have a useful life of at least
three (3) years.
DEBT CAPITAL:
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1. Have a total cost of at least Fifty Thousand Dollars ($50,000) for: (1) a
single-item purchase or service; (2) multiple common-item purchases
that are bundled under an umbrella contract with a single vendor; (3)
bundled purchases that are based on need; or, (4) bundled components
of a project, program or service; or,
2. Have a total cost of at least Fifty Thousand Dollars ($50,000) for
individual vehicles and/or equipment, when it is determined that this is
the most appropriate method of funding the acquisition.
3. The foregoing 1 and 2 must have a useful life of at least five (5) years.
4. Must comply with laws and/or regulations governing borrowing of funds.
(g) Responsibilities - The Committee shall consider the relative need, timing and
cost of each Capital Expenditure, which is proposed, including methods of
financing, any Federal or State aid, the cost of maintaining any facility or
equipment, and the effect each Capital Expenditure may have on the financial
condition of the Town. The Committee shall conduct due diligence reviews of major
building, land improvement and/or infrastructure-related capital requests in order
to fulfill its review responsibility.
The Committee shall review and evaluate citizen-initiated petitions that involve the
proposed expenditure of capital-related funds.
The Committee may make such examinations, hold public hearings, and may, with
the approval of the sponsoring agency, call upon any Town agency for assistance
as it may deem to be necessary or desirable in the furtherance of it responsibilities.
The Committee shall ensure that any Debt Capital Expenditure recommendations
it makes comply with Finance Director-issued bond management program
requirements.
The Committee, working in conjunction with the sponsoring agencies, shall
prepare and issue Capital Expenditure Classification Guidelines, which can be
amended from time-to-time, to facilitate selection of Cash Capital and/or Debt
Capital Expenditures that could fall under the bundled purchases Capital
Expenditure criterion.
The Committee shall work with the sponsoring agencies, Finance Director and
others as part of a continuous improvement effort to ensure that Capital Planning
within the Town stays abreast with the changing needs of the community.
(h) Report and Recommendations – Annually, the Committee shall prepare a
balanced five-year capital plan, which shall be submitted to the annual town
meeting for the purpose of information and guidance. Annually, the Committee
shall also prepare a balanced one-year capital plan, which will be acted upon at
the annual town meeting, as part of the Warrant deliberation.
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Annually, the Committee shall submit balanced one-year and five-year plans to
the Finance Committee not later than March 1st. The one-year balanced plan will
recommend to the Finance Committee those Capital Expenditure proposals that
the Committee believes should be approved by the ensuing annual town meeting
and the method (Cash Capital or Debt Capital) of financing same.
Both the balanced one-year and five-year Capital Expenditure plans, as prepared
by the Committee shall be included as an appendix, in the report of the Finance
Committee to be distributed as provided in Article VII, Section 8, Town of Canton
By-Laws.
The Committee prepared capital plan shall include: (1) a concise summary of its
contents; (2) a listing of Capital Expenditures proposed to be undertaken in the five
fiscal years next ensuing; (3) cost estimates and (4) method of financing (Cash
Capital or Debt Capital).
(i) Transition Provision – Adoption of this By-Law revision by the annual town
meeting will immediately govern the operation of the Committee.
Section 8. Poll Hours 16-8
The polls for all federal, state and town elections shall be opened at seven
o'clock AM and shall not be closed before eight o'clock PM.
Section 9. Regulating Smoking 16-9
This by-law amendment is promulgated under the authority granted to the Town
pursuant to the provisions of Section six of Article 89 of the amendments to the
Constitution of the Commonwealth and every other enabling authority as may be.
“Smoking is prohibited in all workplaces, restaurants, bars, and all enclosed or
public places within the Town of Canton except as may be authorized in section F
of this by-law.
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer,
respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes,
nose, and throat; and whereas the harmful effects of tobacco smoke are not
confined to smokers but also cause severe discomfort and illness to nonsmokers;
and whereas environmental tobacco smoke [hereinafter ETS], which includes both
exhaled smoke and the side stream smoke from burning cigarettes and cigars,
causes the death of 53,000 Americans each year; and whereas in 2000, the Public
Health Service's National Toxicology Program listed environmental tobacco smoke
as a known human carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997), now,
16-8
Inserted under article 102, ATM 1980.
16-9
Inserted under article 16, ATM 1994 and amended under article 39, ATM May 1, 2002. Section 9 replaced in its
entirety under article 35, ATM May 5, 2004.
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therefore, the voters of the Town of Canton in town meeting assembled, recognize
the fight of those who wish to breathe smoke free air and establishes this bylaw to
protect and improve the public health and welfare by prohibiting smoking in public
places.
B. Authority:
This bylaw amendment is promulgated under the authority granted to the town
pursuant to the provisions of Section six of Article 89 of the amendments to the
State Constitution and every other enabling authority as may be.
C. Definitions:
For the purposes of this bylaw, the following words shall have the meanings
respectively ascribed to them by this paragraph:
Board: The Board of Health of the Town of Canton
Bar: An establishment whose business is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the serving of
food is only incidental to the consumption of such beverages.
Employee: Any person who performs services for an employer with or without
compensation.
Employer: A person, business agent, partnership, association, corporation, trust,
or other organized group of individuals, including the Town of Canton, or any
agency thereof, which utilizes the services of one (1) or more employees.
Enclosed Space: A space bounded by walls (with or without windows) and
enclosed by doors, including, but not limited to, offices, rooms and halls. The term
is intended to also include more than just rooms within a building or any other fully
enclosed space and includes any area which has one or more sides or a roof or
the exterior portion of a building which is covered by a roof (e.g, an entry or egress
to the building) or places which provide screening from the wind by having one or
more walls (e.g. a bus stop); the term is further intended to include vehicles owned
by the Town and vehicles used in public transportation and the waiting areas
adjacent to or in places where public transportation is provided.
Person: Any individual, firm, partnership, association, corporation, company or
organization of any kind including, but not limited to an owner, operator, manager,
proprietor or person in charge of any building, establishment, business, or
restaurant or retail store, or the business agents or designees of any of the
foregoing.
Public Place: Any building or facility owned, leased, operated or occupied by the
municipality, including school buildings or grounds; any area open to the general
public including, but not limited to, libraries, museums, theaters, auditoriums,
indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies,
educational facilities, stores, shopping malls, public restrooms, lobbies,
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staircases, halls, exits, entrances, elevators accessible to the public, licensed
child-care locations and bars.
Public Transportation: Buses, taxis, and other means of transportation available
to the general public while such means of transportation is operating within the
boundaries of the Town of Canton including indoor platforms by which such
means of transportation may be accessed.
Retail Tobacco Store: Any establishment whose primary purpose is to sell or offer
for sale tobacco products and tobacco paraphernalia, in which the sale of other
products is clearly incidental and neither possesses nor is required to possess a
retail food permit.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or
other tobacco product in any form.
Town: The Town of Canton
D. Smoking Prohibited:
Smoking is prohibited in all workplaces, restaurants, bars, and all enclosed or
public places within the Town of Canton except as may be authorized in section F
of this bylaw.
E. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and
under the authority of this bylaw shall conspicuously display upon the premises
"No Smoking" signs using a clearly readable font with at least 2-inch highly
contrasted lettering, or the international "No Smoking" symbol (consisting of a
pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it at least 6 inches in diameter).
F. Exceptions:
• Notwithstanding the provisions of Paragraph D of this bylaw, smoking may be
permitted in the following places and/or circumstances:
1. Private residences, except those portions used as a childcare or health care
office when operating as such,
2. Retail tobacco stores where the owner or manager ensures that persons under
the age of eighteen (18) may never enter the premises at any time, and where the
owner or manager conspicuously posts signs, acceptable to the Board, at the
entrance(s) stating that persons under the age of eighteen (18) are prohibited from
entering the premises and stating further that environmental tobacco smoke is
hazardous to health;
G. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph F of this regulation,
nothing in this regulation shall be deemed to amend, repeal or override applicable
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REVISED General By-Laws (2022 edition)
fire, health or other regulations or statutes so as to permit smoking in areas where
it is prohibited by such fire, health or other regulations or statutes.
H. Violations:
Any person, employer, and/or their employee or business agent, who violates any
provision of this bylaw, the violation of which is subject to a specific penalty, may
be penalized by the non-criminal method of disposition as provided in MGL c 40,
§ 21D or by filing a criminal complaint at the appropriate venue. It shall be the
responsibility of an employer, or their employee or business agent, to ensure
compliance with all sections of this bylaw.
I. Penalties:
Any person who violates any provision of this bylaw shall be subject to a fine of
one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a
second offense within one year of the date of the first offense and three hundred
dollars ($300) for a third or subsequent offense within one year of the date of the
first offense. Violations of this bylaw may be enforced in the manner provided in
MGL c 40, § 21D.
J. Waivers:
No waivers or exemptions shall be granted to this bylaw, except as provided under
section F of this bylaw.
K. Enforcing Persons:
Enforcement of this bylaw shall be conducted by the Canton Police Department,
Canton Board of Health and its designees.
L. Severability:
This bylaw is severable. If any paragraph or provision of this bylaw is found to be
illegal, unenforceable, contrary to other superceding laws or unconstitutional, it
shall not affect the legality of any remaining paragraphs or provisions.
M. Replacement:
This bylaw shall replace, in its entirety, Canton By-law Article 16, section 9 as
inserted in Article 39, the anti-smoking bylaw, approved by the 2002 Annual Town
Meeting.
Section 10. Fire Alarm and Fire Protection Systems: Secured Key Access 16-10
Any building other than a residential building of less than six (6) units which has a
fire alarm system or other fire protection system shall provide a secure key box
installed in a location accessible to the Fire Department in case of emergency.
This key box shall contain keys to fire alarm control panels and other keys
necessary to operate or service fire protection systems. The key box shall be of
a type approved by the Chief of the Fire Department and shall be located and
installed as approved by said Chief. Any building owner in violation of this by-law
after receiving due notice from the Fire Chief shall be subject to a fine of Fifty
16-10
Inserted under article 21, ATM 1989.
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Dollars ($50.00) per violation. This section may be enforced by the Fire Chief in
the manner provided in section 21D of Chapter 40.
Section 11. Fees for the Sealing of Weighing and Measuring Devices 16-11
The fees for sealing weighing and measuring devices shall be as set by the
Select Board pursuant to Chapter 40, Section 22F of the Massachusetts General
Laws.
In case of metric system the nearest English equivalent shall apply.
16-11
Inserted under article 34, ATM 1986. Amended under article 25, ATM April 26, 2004.
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Section 12. Street Openings 16-12
Subsection 1. Introduction
From time to time, it is necessary to excavate in a Public Way in order, for
example, to install, repair, or remove utilities or install or realign a driveway
including the possible removal or re-alignment of curing and/or fencing.
Excluded from the operation of this By-Law is the general reconstruction or repair
of Public Ways by the municipal or state agency responsible for the maintenance
and repair of such Public Ways. This Street Opening By-Law is necessary to
protect the health and safety of all persons traveling on public ways and is
adopted in accordance with the authority granted, inter alia, by Art. 89, section 6
of the Amendments to the Massachusetts Constitution, MGL Chapter 40, section
21, MGL Chapter 165 section 20, MGL Chapter 166 section 25 and MGL
Chapter 166A.
Subsection 2. Definitions 1
ADA – The Americans with Disabilities Act of 1990, as amended (42 USC
12101-12213), and the Accessibility Guidelines for Buildings and Facilities
(Appendix to Part 1191) of the U.S. Architectural and Transportation Barriers
Compliance Board, as amended.
Applicant – Any Public Utility, municipal department, person or entity who owns
or exercises general responsibility and control over: (i) utility or other pipes,
ducts, lines or other thing buried in or under a Public Way, or (ii) real property
abutting a Public Way, or (iii) real property served by the Public Way or by items
of the type specified in (i) above and who wishes to perform Street Opening
Work.
Application Fee – A non-refundable processing fee, as provided in the Fee
Schedule which is appended hereto, shall accompany each application for a
Street Opening Permit.
Architectural Access Board Regulations – The Rules and Regulations of the
Architectural Access Board, Mass. Executive Office of Public Safety (521 CMR),
as amended.
Awarding Authority – The Select Board of the Town of Canton is hereby
granted the authority to exercise the powers granted by this By-Law.
Awarding Authority Representative – That municipal officer or employee to
whom the Awarding Authority in a writing has delegated some of its powers
hereunder so that the process of permit-granting, inspection, and administration
will proceed expeditiously.
Cold Patch – A dense graded or open graded mix with cutback asphalt as the
binder with 1% of the mix being hydrated lime based on the total weight of the
16-12
Inserted under article 38, ATM April 27, 1998.
1
Amended under article 19, ATM May 12, 2014.
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aggregate. The mineral aggregates and bitumen shall be proportioned and
combined to meet the limits specified in Table A, Subsection M 3.11.03 and M
3.11.04 of The Standard Specifications. Bituminous material shall be either
cutback asphalt, Grade MC-250 or MC800 conforming to Section M3.02.0 of the
Standard Specifications.
Compaction – Compressing of suitable material and gravel that has been used
to backfill a trench by means of mechanical tamping to within 95% of maximum
dry density as determined by the modified Proctor Test in accordance with ASTM
1557 method D.
Contractor – All officers or employees of Applicant performing Street Opening
Work or any person or entity engaged by or on behalf of Applicant to perform
Street Opening Work. The Contractor for purposes of this By-Law and for all
questions of liability in connection with any Street Opening work shall be
conclusively deemed agents of Applicant for whom Applicant is fully responsible.
Controlled Density Fill – Also called flowable fill, CDF is a mixture of portland
cement, flyash, sand and water. It shall contain a minimum of 250 pounds of
class F flyash or high air (25%) and will be self-leveling. It is hand-tool
excavatable.
Default – The failure of the Permit Holder (including all Contractors or other
agents of Permit Holder) to (i) comply fully with provisions of applicable laws and
regulations, (ii) comply fully with all of the applicable provisions of this By-Law
and the Street Opening Permit including written supplemental instructions, the
municipality’s General By-Laws or other applicable law, and (ii) keep its
Certificate of Insurance in full force and effect.
Department of Public Works – The municipal agency generally responsible for
the repair and maintenance of Public Ways within the municipality.
Emergency Repair Work – Street Opening Work which must be commenced
immediately to correct (i) a hazardous condition which could reasonably be
expected to result in injury, loss of life, property damage or (ii) a condition which
has resulted in the catastrophic failure of a utility transmission trunk line.
Gas Company – A Public Utility to which C. 164 section 70 of the MGL applies.
Infra-Red Process – That restorative procedure whereby an infra-red heater
softens existing pavement to a depth of one and one half inches, the softened
area is treated with a penetrating asphalt emulsion, uniformly scarified and raked
to a workable condition, and the treated surface then compacted by use of a
steel-wheeled roller for the purpose of creating a smooth driving surface
consistent with adjacent pavement.
Licensed Contractor – A contractor who holds a current and valid Public Works
Contractors Construction License issued by the Awarding Authority.
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Newly Paved Road – A road that has been re-paved within the past five years.
Normal Working Hours – 7:30 am to 3:30 pm Monday through Friday excluding
holidays.
Permit Holder – An applicant to whom a Street Opening Permit has been
granted.
Permanent Patch – A final repair of Street Opening Work to be performed in
accordance with this By-Law.
Permanent Patch Window – That period of time commencing twelve months
after and up to eighteen months from the date of installation of the Temporary
Patch.
Processed Gravel – Inert material that consists of hard, durable stone and
coarse sand, free from loam and clay, surface coatings and deleterious materials
and which meets MI 03.1 of The Standard Specifications.
Public Utility – Includes a Gas and Electric company as defined in MGL C. 164
section 1, telephone and telegraph company subject to Chapter 159 section 12,
and cable TV companies or other telecommunication providers regulated by the
Dept. of Telecommunications and Energy.
Public Way – Any road, including such appurtenances as berms, curbs, drains,
sewers, water mains, sidewalks and paved and unpaved shoulders within the
public right-of-way lay-out to which the public has access and the Town is
responsible for maintaining. Also referred to as a street.
Public Works Contractors Construction License – A license required of all
Contractors who are not officers or employees of a Public Utility or municipal
department who wish to perform work including Street Opening Work on Public
Ways.
Refundable Deposit – That amount of cash or money represented by a certified
bank check deposited by Applicant with its Application to secure Applicant’s
performance of Street Opening Work in accordance with this By-Law.
Standard Specifications – The Mass. Department of Public Work’s Standard
Specifications for Highways and Bridges, latest edition.
Street Opening Permit – A permit granted by the Awarding Authority to an
Applicant for permission to do Street Opening Work in a Public Way.
Street Opening Work – Any cutting, excavating, compacting, construction,
repair or other disturbance in or under a Public way together with restoration of
the Public Way in accordance with this By-law following such disturbance but
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excluding the location or relocation of utility poles for which a grant of location
has been obtained pursuant to MGL Chapter 166 section 27.
Temporary Patch – The application of either Cold Patch or two separate
gradations of bituminous concrete consisting of binder and top layers and
compaction to achieve a density equal to that of the surrounding pavement
following excavation and compaction.
Winter Preparation Patch – The application of (a) a leveling course of hot mix
asphalt applied by a paving machine not less than 2 feet on each side and ends
of any Street Opening Work, or 8 feet wide, whichever is greater in width, along
the entire length of the Street Opening Work, including but not limited to any
trenches parallel to the street and any lateral trenches that cross the street as
part of that project in preparation of a Spring curb-to-curb cold planing and
paving job; (b) any of the patch styles listed in the second paragraph of
Subsection 11.4 - Permanent Patches along all sides and each end of the Street
Opening Work for the entire length of the of the Street Opening Work, including
but not limited to any trenches parallel to the street and any and all lateral
trenches that cross the street as part of that project; or (c) a combination of (a)
and (b) above, as may be approved in advance by the Awarding Authority
Representative.
Subsection 3. General
No work (except the commencement of Emergency Repair Work in accordance
with paragraph 7 hereof) in or under a Public Way shall commence until the
Applicant shall have applied for in accordance with Paragraph 4, and obtained
from the Awarding Authority, a Street Opening Permit. All work contemplated by
this By-Law shall be done in a good and workmanlike manner using best
engineering and construction practices and shall be done in accordance with (i)
all applicable laws and regulations, (ii) all of the provisions of this By-Law, (iii)
any conditions contained in the Street Opening Permit, and (iv) such reasonable
supplemental instructions not inconsistent with the foregoing as the Awarding
Authority or its Representative may from time to time issue. A Permit Holder
shall cause to be restored those portions of a Public Way disturbed by the Permit
Holder to as good a permanent condition, in the reasonable judgment of
Awarding Authority or its Representative, as they were in when Permit Holder
made application thereunder.
No person or entity may perform any work (including Street Opening Work or
Emergency Repair Work) in or under a Public Way unless it is a Permit Holder
and (i) is a municipal department or Public Utility or their respective officers or
employees (ii) is the holder of a current and valid Public Works Contractors
Construction License, or (iii) has engaged such a holder and such holder
performs all such Street Opening Work or Emergency Repair Work as agent of
Permit Holder.
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Subsection 4. Application Procedure
The applicant shall file on forms designated by the Awarding Authority a
completed and signed application at the office of the Awarding Authority (with a
copy delivered simultaneously to the Department of Public Works) each time it
desires to perform Street Opening Work. The application shall be accompanied
by any and all plans, certifications, certificates of insurance and other items
specified in the Application or reasonable requested by the Awarding Authority.
If the Applicant does not intend to perform the Street Opening Work itself it must
in the Application designate a Licensed Contractor to perform the work as its
agent. The Application shall also be accompanies by the Application Fee and
the Refundable Deposit.
The Department of Public Works shall promptly review the Application and make
written recommendations concerning approval to the Awarding Authority and, if
appropriate, shall include recommendations concerning permit conditions and
supplemental instructions.
The Awarding Authority shall make a prompt determination on the Application
taking into account the following and such other facts as it may reasonably
consider:
1) the recommendation of the Department of Public Works
2) the reason for the Street Opening Work
3) whether the street is recently constructed or repaved
4) whether there are other reasonable means adequate to accomplish
the purpose for which the Street Opening Permit is sought.
If the application is considered favorably, a Street Opening Permit containing
such conditions and supplemental instructions as the Awarding Authority
reasonable deems appropriate shall promptly issue. If the Application is not
favorably considered, the Awarding Authority shall communicate in writing to
Applicant the reasons its application was not favorably considered.
Subsection 5. Refundable Deposit and Account
The Amount of the Refundable Deposit to secure proper restoration of a Public
Way after Street Opening Work is determined in the reasonable judgment of the
Awarding Authority based on the extent of the Work. (A current schedule of
deposits for standard work is attached.)
Following notice given by Permit Holder that final permanent repairs to the Public
Way have been completed, the Awarding Authority or Representative will make a
final inspection. Once the Awarding Authority or Representative has concluded
that permanent repair work has been satisfactorily completed and that Applicant
has no other uncured defaults under Street Opening Permits, it shall release the
unexpended balance of the deposit serving as security for the Street Opening
Permit related to the inspected work.
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All Refundable Deposits that an Applicant submits for Street Opening Permits
shall beheld by the Awarding Authority in one Account which shall be designated
as the Applicant’s Refundable Deposit Accounts. Applicants upon request may
receive periodic reports as to the balance standing within this account. Should a
deposit associated with a specific permit be insufficient to secure the proper
repair of a Public Way following a Default by the Permit Holder, the Awarding
Authority without limitation to other remedies available to it can deduct the cost of
the proper repair from Applicant’s Refundable Deposit Account for the purpose of
funding the proper repairs. To the extent required by C. 164 of the General Laws
applicable to Gas Companies, the provisions of this section and Section 6
hereafter shall not be applied to Gas Companies which in their application for
Street Opening Permits claim the exemption set out herein.
Subsection 6. Fee and Deposit Changes; Municipal Exemption
From time to time hereafter the Awarding Authority, after public notice and
hearing, may amend the schedule of deposits, the application fee, the hourly
after-hours inspection charges or any other amounts due under this By-law. A
reasonable hourly charge for inspectional services which must be performed
outside of Normal Working Hours in accordance with a posted schedule
established by the Awarding Authority will be billed to Permit Holder and due and
payable fifteen days after billing. In extraordinary situations where extensive
installation or renewal of utility lines overburden the normal capacity of the
municipal departments to conduct inspections, the Awarding Authority can, after
notice to Permit Holder, or as a condition of the Permit, elect to treat all
inspections as after-hours inspections and bill Permit Holder accordingly.
Applicants which are municipal departments are exempt from payment of all fees
and deposits hereunder. Public Utilities to the extent exempted as provided in
Paragraph 5 above are exempt from payment of all fees except the Application
Fee.
Subsection 7. Emergency Repair Procedure
If the conditions for Emergency Repair Work exist, then an applicant after given
oral, faxed or electronic notice to the Police and Department of Public Works may
commence Street Opening Work. All such Emergency Repair Work shall be
done in strict compliance with this By-Law except for compliance with any notice
provision inconsistent with such emergency action.
On the business day following the commencement of Emergency Repair Work,
the Applicant shall file with the Awarding Authority (i) a written statement setting
forth in detail the facts and circumstances constituting the conditions for
Emergency Repair Work, (ii) an Application for a Street Opening Permit covering
the Street Opening Work already commenced in accordance with Paragraph IV,
(iii) the filing fee and required Refundable Deposit. If all of the materials such as
plans, etc, are not then available to Applicant, Applicant will supply them as soon
as available. Awarding Authority will promptly process the Application and grant
the Street Opening Permit with such conditions and supplemental instructions as
it may reasonable require.
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Subsection 8. Insurance 16-12-8
The Permit Holder and/or each Licenses Contractor shall acquire and
continuously maintain while it possesses any Street Opening Permits liability
insurance coverage on all personnel and equipment to be used in the Street
Opening Work which insurance is to be with companies licensed to do business
in this commonwealth and shall contain the following coverages in such amounts
as may from time to time may be promulgated for such purposes by the Select
Board:
Commercial General Liability Insurance - including operation, independent
contractors, complete operations for a period of one year from completing the
street opening work, XCU hazards, broad form property damage and personal
injury.
Automobile Liability Insurance - covering owned, non-owned and leased or
otherwise hired vehicles.
Worker’s Compensation and Employer’s Liability Insurance
Subsection 9. Licensed Contractors
Any Contractor or other person or entity that wishes to perform work on a Public
Way and which is not either a municipality or a Public Utility (including their
respective officers or employees) must be licensed by the Awarding Authority.
Application for a Public Works Contractors Construction License must be made
on a yearly basis. (See appropriate sections of the General By-Laws.)
Subsection 10. Terms of the Street Opening Permit
10.1 Term of Permit – All Street Opening Permits shall be valid for thirty
days and, upon written request to the Awarding Authority, renewable
for an additional thirty days. Permits must be present at the work
site. Permits can be revoked by the Awarding Authority if the
Applicant is in Default.
10.2 Inspections – Inspections may take place at the following events:
a. prior to backfilling the trench
b. following completion of Temporary Patch placement
c. during the Permanent Patch Window
d. following completion of Permanent Patch placement
Permit Holder or Contractor will notify Awarding Authority
Representative when an inspection is desired and co-ordinate the
timing of such inspection.
10.3 Working Hours – Except in emergency situations, Street Opening
Work will occur during Normal Working Hours. The Permit Holder
must give notice of the intended Street Opening Work seventy-two
16-12-8
As amended under article 47, ATM May 5, 1999 and amended under article 37, ATM May 1, 2002.
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hours in advance to the Superintendent of Public Works, and, unless
the requirement for a police detail is waived by the Police Chief of
the municipality, must arrange for any pay for a police detail to be
present throughout the period of time that Street Opening Work is
being conducted.
10.4 Dig-Safe – The Permit Holder shall, in accordance with all current
laws of the Commonwealth of Massachusetts, notify all Public
Utilities seventy-two hours in advance of making any excavation in a
street. Such notification shall be made by means of obtaining a DIG-
SAFE number. Said number shall be provided on the Street
Opening Permit application. The Permit shall not be issued until this
information is provided.
10.5 Existing Utilities – Before starting any excavation, the Permit
Holder or Contractor must confer with all Public Utilities to obtain
information from each as to the horizontal and vertical locations of
existing utilities and other conditions that may affect the excavation.
The Permit Holder or Contractor shall not interfere with any existing
utility without the written consent of the Awarding Authority
Representative 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 done by the Permit Holder. The Permit
Holder or Contractor shall inform itself as to the existence and
location of all underground utilities and protect the same against
damage.
10.6 Protection of Existing Lines and Structures – The Permit Holder
or Contractor shall adequately support and protect by timbers,
sheeting, etc. all pipes, conduits, poles, wires, cables or other
appurtenances which may be in any way affected by the excavation
work and shall do everything necessary to support, sustain and
protect them under, over, along or across such work area. The
excavation work shall be performed and conducted in such a manner
that it shall not interfere with access to fire stations, fire hydrants,
water gates, underground vaults, catch basins or any other public
structure.
10.7 Adjoining Property – The Permit Holder or Contractor shall, at all
times and at its own expense, preserve and protect from injury any
adjoining property by providing proper foundations and shall take
such other precautions as may be necessary for this purpose. The
Permit Holder or contractor shall at all times and at its own expense
shore up and protect all buildings, walls, fences, trees and other
property likely to be damaged during the progress of the Street
Opening Work and shall be responsible for all damages to public or
private property or streets resulting from its failure to properly protect
and carry out said work. The Permit Holder or Contractor shall not
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remove, even temporarily, any trees or shrubs which exist in planting
strip areas without first obtaining the consent of the Superintendent
of Public Works.
10.8 Damaged Trees – In the event a tree is either accidentally
destroyed by the Permit Holder or Contractor or is authorized for
removal by the Awarding Authority Representative, the Permit
Holder or Contractor shall remove the tree, stump and debris from
the work site, and replace the tree with an identical species with a
minimum caliper of two inches in the identical location.
10.9 Pedestrian Crossings, Open Trenches – The Permit Holder or
Contractor shall, where possible, maintain safe crossings for two
lanes of vehicle traffic at all public intersections as well as safe
crossings for pedestrians at intervals of not more than three hundred
(300) 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. An open trench may not exceed three hundred (300)
feet unless specifically permitted by the Awarding Authority or its
Representative. If the Public Way is not wide enough to hold the
excavated material for temporary storage, the material shall be
immediately removed from the location.
10.10 Traffic – The Permit Holder or Contractor shall take appropriate
measures to assure that during the performance of the Street
Opening Work, so far as practicable, normal traffic conditions shall
be maintained at all times so as to cause as little inconvenience as
possible to the occupants of the adjoining property and to the
general public. The Awarding Authority Representative may permit
the closing of streets and walks to all traffic for a period of time.
Unless the requirement for a police detail is waived by the Police
Chief of the municipality, the Permit Holder shall engage a police
detail to maintain traffic control and public safety at the project site
while Street Opening Work is in progress. Warning signs shall be
placed a sufficient distance from the project site in order to alert all
traffic coming from both directions. Cones or other approved
devices shall be placed to channel traffic. Warning signs, lights and
such other precautions shall conform to the Manual on Uniform
Traffic Control Devices. Construction materials and equipment on
the site shall be limited in quantity and in the space they occupy so
that they do not unduly hinder and block traffic.
10.11 Gutters and Basins – The Permit Holder or Contractor shall keep
all gutters free and unobstructed for the full depth of the adjacent
curb and for at least one (1) foot in width from the face of such curb
at the gutter line. Catch basins shall be kept clear and serviceable.
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10.12 Excavated Material – The Permit Holder or Contractor shall
remove all excess excavated material, surplus water, muck, silt,
residue or other ran-off pumped or removed from excavations from
the site.
10.13 Temporary Repairs – At the end of each day, all trenches must be
plated if repair work is not completed and/or back-filled, compacted
and temporarily patched on the day repair work is completed. No
open un-plated trenches are permitted overnight and work in plated
trenches must be continually prosecuted to completion to minimize
the time trenches are plated.
10.14 Noise – The Permit Holder or Contractor shall perform the work in
such a 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. the Permit
Holder or Contractor shall not use, unless otherwise specifically
permitted, in writing, by the Awarding Authority or Awarding Authority
Representative any tool, appliance or equipment producing noise of
sufficient volume to disturb the sleep or repose of occupants of the
neighboring property.
10.15 Debris and Litter – All debris and litter remaining from the Street
Opening Work site shall be removed by the Permit Holder or
Contractor in a timely manner.
10.16 Restoration of Pavement Markings – All permanent pavement
Markings (crosswalks, center lines, fog lines) which are damaged
during Street Opening Work shall be restored in kind by and at the
expense of the Permit Holder.
10.17 Lawn Surfaces and Plantings – All lawn surfaces which are
disturbed during Street Opening work shall be replaced with sod or
six (6) inches of screened loam, lime, fertilized and re-seeded with
good quality lawn seed. Any areas containing plantings shall be
restored to their original condition with the same or similar plantings.
10.18 Erosion Control – The Permit Holder shall be responsible for all
erosion control and for obtaining any necessary permits from the
Conservation Commission. The Permit Holder or Contractor shall
protect drainage structures from siltation by whatever means
required including but not limited to the installation of hay bales
and/or filter fabric. In the event that a drainage structure becomes
damaged from siltation as a result of the Street Opening Work, the
Permit Holder or Contractor shall clean the structure before
completing the Temporary Patch.
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Subsection 11. Required Construction Techniques
All Street Opening Work and materials used therein must conform to the most
recently published edition of the Massachusetts Highway Department’s Standard
Specifications for Highways and Bridges, with the federal OSHA requirements
and with the American with Disabilities Act and the Architectural Access Board
Regulations as then currently in effect. In addition, the following specific
requirements also apply. Exceptions to these requirements may be made at the
discretion of the Awarding Authority or Awarding Authority Representative at the
time the Street Opening Work is in progress.
11.1 Excavation – Existing pavement shall be cut in neat, true lines
along the area of the proposed excavation. Unstable pavement
shall be removed over cave-outs and breaks and the sub grade
treated as the main trench. Pavement edges shall be trimmed to a
vertical face and neatly aligned with the center line of the trench.
Cut-outs beyond the limits of the trench lines must be normal or
aligned parallel to the center line of the trench. Excavations shall
be made in open cut. Trenches and excavations shall be braced
and sheathed in accordance with the requirements of the
Occupational Safety and Health Act (OSHA). Sections of
bituminous or cement concrete sidewalks shall be removed to the
nearest scoreline or approved cut edge.
11.2 Back-Filling and Compaction – Excavations shall be filled with
approved backfill. Approved backfill consists of either Controlled
Density Fill, suitable excavated material or gravel meeting M 1.03.0
or M 1.03.1 of The Standard Specifications. The Permit Holder
may select which of these three to use in the excavation. Suitable
excavated material shall mean previously excavated granular
material but which does not include blacktop, clay, silt, organic
material, concrete, roots, boulders, or stones larger than four
inches in diameter. If the hole is to be filled with suitable excavated
material, a backfill course shall be placed in approximately twelve
(12) inch lifts of maximum compaction to four inches below asphalt
grade (See Diagrams 1, 2, and 3). A base course consisting of four
inches of processed gravel or equivalent (i.e. suitable excavated
material containing no stones larger than one and one half inch in
diameter) shall then be placed on top of the backfill course. The
backfill and base course shall be compacted to not less than ninety-
five (95) percent of maximum dry density as determined by the
modified Proctor Test in accordance with ASTM 1557 Method D.
The Permit Holder if directed by the Awarding Authority or its
Representative will retain at its expense, a professionally qualified
geotechnical consultant to perform this test. The results of this test
shall be given to the Superintendent of Public Works.
If Controlled Density Fill is used as back-fill material it must contain
a minimum of 250 pounds of class F flyash or high air (25% plus)
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and be self-leveling. It must be Type 1E or 2E (very flowable).
Flowable fill is to be batched at a ready mix plant and is to be used
at a high or very high slump (1-“-12”). In lieu of the slump test, a 6”
long, 3” diameter tube may be filled to the top and then slowly
raised. The diameter of the resulting “pancake” may be measured
and the range of the diameter shall be 9” to 14”. It shall be
flowable, require no vibration and after it is placed excavatable by
hand tools and/or small machines. The ingredients shall comply
with the following:
Portland cement AASHTO M85
Fly Ash AASHTO M 295 Class F
Sand M 4.02.02 – ASTM C33
Air M 4.02.05
Type 1E and 2E must meet the following requirements:
Compressive 28 days 90 days
Strength 30-80 psi 100psi ma.
Slump 10-12 inches
Air 1-30%
If Controlled Density Fill is used as back-fill material, it must fill the
excavation to immediately below asphalt grade. The Contractor
must then place the excavation with a heavy duty steel plate
adequate to carry heavy traffic and wait twenty-four hours for the
CDF to cure prior to applying the Permanent Patch.
If an excavation is back-filled with Controlled Density Fill in
accordance with this By-Law, then a Temporary Patch need not be
installed but a Permanent Patch may be installed immediately.
Permanent Patches installed over Controlled Density Fill shall
consist of four (4) inches of bituminous concrete applied in a two
and one-half inch base course and a one and one-half inch top
course of bituminous concrete all installed in accordance with this
By-Law. If an excavation in a cement concrete Public Way is filled
with Controlled Density Fill, then the provisions of paragraph 5(a) of
this By-Law may be omitted, but the provisions of paragraph 5(b)
and 5(c) must be complied with.
11.3 Temporary Patches 2
(a.) Bituminous Concrete Following proper compaction, a
temporary Patch which shall be the thickness of the
existing asphalt pavement or a minimum of four inches
whichever is greater shall be applied. It shall consist of
either Cold Patch or bituminous concrete plant-mixed hot
asphalt aggregate. (See Diagrams)
2
Amended under article 19, ATM May 12, 2014.
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(b.) Temporary Patch to be maintained for one year. A
Temporary Patch that has been back-filled and
Compacted shall be maintained by the Permit Holder or
Contractor so that the patched surface and the
surrounding area remain a single smooth unbroken plane
for a period of time no shorter than one year after
placement of the Temporary Patch.
(c.) If any Street Opening Work, including but not limited to
any trench that runs parallel to the roadway, that exceeds
30 feet in length cannot be fully completed with a
Permanent Patch or curb-to-curb cold planing and paving
before December 1st of that year because of scheduling
or any other reason, including but not limited to a
determination by the Awarding Authority or Awarding
Authority Representative, then the Applicant/Permit
Holder shall cause a Winter Preparation Patch, as defined
by this By-Law, to be completed on such Street Opening
Work prior to December 1st of that year. Any failure to so
complete such Permanent Patch before December 1st of
that year shall be a Default.
If said Winter Preparation Patch remains in good
condition, and curb-to-curb cold planing and paving is not
required as part of the project as determined by the
Awarding Authority Representative, then the Applicant or
Contractor may request the Awarding Authority
Representative in writing that the Winter Patch be
inspected and approved as the Permanent Patch and for
a refund of the Refundable Deposit for the Street Opening
Work. If the Street Opening Work does not pass
Permanent Patch inspection, which the Awarding
Authority Representative may inspect and may determine
in such Awarding Authority Representative’s sole
discretion, then the Permit Holder/Applicant must cause a
Permanent Patch to be installed pursuant to Subsection
11 of this By-Law. If the Awarding Authority
Representative, in the Awarding Authority
Representative’s sole discretion, determines that the
Street Opening Work passes the Awarding Authority
Representative’s inspection of the Permanent Patch, then
the Permit Holder/Applicant or Contractor may submit to
the Awarding Authority Representative a written request
for the return of the Refundable Deposit, which may be
returned to the Applicant on the Finance Department’s
regular schedule, provided that the Applicant/Permit
Holder and Contractor are not in Default.
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11.4 Permanent Patches – Except when installed over Controlled
Density Fill as described in paragraph 2 above, Permanent Patches
shall be installed not less than twelve nor more than eighteen
months from the date of installation of the Temporary Patch. Upon
request by the Permit Holder or Contractor, the Awarding Authority
Representative will inspect the Temporary Patch and determine if
final settlement of the trench has occurred. The Awarding Authority
Representative will notify the Permit Holder or Contractor within
seven days of the inspection whether the Permanent Patch can be
installed. Public Utilities or municipal departments may schedule
Permanent Patches to replace all Temporary Patches then within
the Permanent Patch Window without receiving prior approval from
the Awarding Authority but must give the Awarding Authority and its
Representative not less than seventy-two hours prior notice.
A Permanent Patch shall consist of one of the following: (a) cold
planing the Temporary Patch to a depth of one and one-half inches
and then installing a minimum of one and one-half inches of top
course of bituminous concrete, or (b) the excavation of the
Temporary Patch in a bituminous concrete Public Way and
replacement of this material with any additional processed gravel
needed and two and one half inches of base course and one and
one-half inches of top course of bituminous concrete (See
Diagrams 1 and 2) or (c) application of the Infra-Red Process to the
Temporary Patch, or (d) the certification by the Awarding Authority
Representative made during the Permanent Patch Window that the
Temporary Patch in their reasonable judgment meets fully the
standard of a Permanent Patch and thus requires no further work.
(a) Cold Planing – If the cold planing method is used, the area
to be cold planed must extend at least twelve (12) inches
beyond all sides of the existing Temporary Patch. (See
Diagram 2) This area must be cold planed to a depth of one
and one-half inches. Any broken or irregular edges of
existing pavement shall be cut away in straight lines leaving
a sound vertical face at least twelve (12) inches back from all
edges of the existing pavement. The Permit Holder must
provide a dust control system capable of complying with
environmental air quality standards during cold planing and
sweep the Public Way following completion of the cold
planing work. All abutting edges of the existing pavement
will be painted with an asphalt emulsion immediately prior to
the placement of the Permanent Patch. The Permanent
Patch will consist of the application of a top course of a
minimum of one and one-half inches of bituminous concrete
plant-mixed hot asphalt aggregate. After raking and rolling,
the grade of the Permanent Patch shall match the existing
bituminous surface of adjacent pavement. The finished
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Permanent Patch shall be level having no depressions
retaining water on any of the surface. All seams of the
finished perimeter shall be sealed with penetrating asphalt
emulsion.
(b) Excavation – Any Temporary Patch that has been patched with
Cold patch must be excavated and replaced with a
bituminous concrete base in accordance with this paragraph.
If the excavation method is chosen and if additional cutting
of the existing pavement is required, it shall be done in neat
straight lines. Any broken or irregular edges of existing
pavement shall be cut away in straight lines leaving a sound
vertical face at least twelve (12) inches back from all edges
of the existing pavement. (See Diagram 1 and 3). All
abutting edges of the existing pavement shall be painted
with an asphalt emulsion immediately prior to the placement
of the Permanent Patch. The Permit Holder or Contractor
shall remove and dispose of all excavated material and
thoroughly compact the surface of the sub-base.
Following excavation the Permanent Patch shall consist of
a bituminous concrete base and top laid and rolled in two
(2) courses. The binder (base course) shall be a
minimum of two and one half (2½) inches in depth and
the top course shall be one and one half (1½) inches in
depth.
The minimum total thickness of both courses, measured
after rolling, shall be four (4) inches or equal to the
material that was previously excavated. If after
compaction, more than four inches of Permanent Patch is
needed in order to restore the excavated area to finish
grade, additional bituminous concrete shall be used in the
base course. The base course shall be placed and
carefully raked and thoroughly rolled to the required
thickness. The top course shall be placed to a grade that
will match the existing bituminous surface after rolling. All
seams of the finished perimeter shall be sealed with
penetrating asphalt emulsion. The finished Permanent
Patch shall be level having no depressions retaining water
on any of the surface.
(c) Infra-Red Process – If the Infra-Red Process is utilized to
install the Permanent Patch, the area to be repaired shall
be thoroughly cleaned to eliminate all potential
contaminants. An infra-red heater shall be positioned
over the area to be repaired for a period of time required
to plasticize the existing pavement to a depth of one and
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one half inches. Oxidation of the pavement caused by
improper heating techniques must be avoided. If this
condition occurs, all oxidized material must be removed
and replaced with Class I bituminous concrete meeting
the Standard Specifications of the Mass. Highway Dept.
The softened area shall be inwardly reworked from
approximately one foot beyond all sides of the original
Temporary Patch. This designated area shall be treated
with a penetrating asphalt emulsion, uniformly scarified
and raked to a workable condition. For street crossings
and/or trenches with jogs, the reworked area will be
extended beyond the outermost jog in a straight line
parallel with the opposite outermost jog. Under no
circumstances may the infra-red heat treatable patching
mix that is used register a temperature under 200 degrees
F.
After the paving mixture has been properly admixed and
raked to grade, compacting shall be obtained by use of a
steel-wheeled roller of sufficient weight to establish a
uniform density comparable to that of the surrounding
pavement surface within the work area. The finished
Permanent Patch shall be level having no depressions
retaining water on any of the surface. All seams of the
finished perimeter shall be sealed with penetrating asphalt
emulsion.
A petroleum resin sealant shall be applied consistently to
the entire heated area by mechanical means or hand
application at an approximate rate between .1 and .25
gallons per square yard. Actual rate will be determined on
site by an approved absorption test method. A mineral
filler will then be broadcast over the newly sealed area to
absorb any excess liquid and prevent tracking and the
area immediately opened to traffic.
(d) Certification – If a Permit Holder seeks to qualify a Temporary
Patch as a Permanent Patch, it must make the application
for inspection set out above and specify in it its request for
certification. The Awarding Authority Representative will
notify the Permit Holder within thirty days of the request
whether the Temporary Patch has been certified as a
Permanent Patch. If it is not so certified, the Permit
Holder shall forthwith cause a Permanent Patch utilizing
one of the three remaining methods set out above to be
utilized.
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(e) Newly Paved Roads – On Newly Paved Roads, the Awarding
Authority Representative may require in addition to the
placement of the Permanent Patch, that the Permanent
Patch shall be treated by a process (infra-red, microwave
or equivalent) that will ensure that the Permanent Patch is
integrated into the existing bituminous surface in a
seamless manner.
(f) Final Inspection of Permanent Patch – Following completion
of the Permanent Patch, the Permit Holder or Contractor
shall give notice thereof to the Awarding Authority
Representative who shall inspect the Permanent Patch. If
the Awarding Authority Representative is satisfied that the
road has been restored to as good a condition as existed
prior to the Street Opening Work, he shall so note on the
Street Opening Permit and any Refundable Deposit
securing that Street Opening Work shall be refunded
promptly to Applicant. If the Awarding Authority
Representative determines that the Permit Holder is in
Default, the Awarding Authority may proceed in
accordance with Paragraph XIII, Remedies, of this By-
Law.
11.5 Special Rules for Cement Concrete Roadways – Any excavation
in a cement concrete Public Way or Public Way with a cement
concrete base with a bituminous concrete surface shall be
backfilled as described in paragraph 2 and Temporarily Patched as
described in paragraph 3. Immediately prior to the installation of a
Permanent Patch, the following shall be done:
(a) the Temporary Patch and sufficient back-filled material shall be
removed.
(b) a six-inch reinforced concrete slab shall be Laid over the back-
filled trench extending one (1) foot beyond all edges of the
trench surface and allowing for four (4) inches of bituminous
concrete to be installed above the slab. The slab shall have
steel reinforcing for tensile strength in accordance with good
engineering practices. The Permit Holder or Contractor shall
install a temporary heavy duty steel place adequate to carry
heavy traffic over the trench until the concrete slab shall, have
adequately cured.
(c) once the concrete slab shall have cured, there shall be installed
four (4) inch layer of bituminous concrete applied in a two and
one-half inch base course and a one and one-half inch top
course all in accordance with Diagram 3 and generally in
accordance with this By-Law.
11.6 Shoulders – Suitable excavated material shall be placed in layers
not to exceed six (6) inches in depth and Compacted. Shoulders
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shall be re-constructed to their existing condition and either loamed
with six (6) inches of loam, limed, fertilized and seeded with
roadside grass mix or covered with four (4) inches of wood chips as
directed by the Awarding Authority Representative.
11.7 Sidewalks – Any excavation in a concrete or bituminous concrete
sidewalk shall require that the entire sidewalk area containing the
trench be replaced. Any concrete sidewalk section that is
excavated or damaged by the excavation must be replaced in its
entirety. Suitable excavated material or gravel shall be placed in
layers not to exceed six (6) inches in depth and Compacted. All
sidewalk areas will be installed by the Permit Holder or Contractor
in conformance with the ADA and the Architectural Access Board
Regulations currently in effect. Bituminous concrete sidewalks
shall have two courses (two inches of binder and one inch of top) of
bituminous concrete plant-mixed hot asphalt aggregate applied to
an rolled to create a pavement surface consistent with the adjacent
bituminous concrete surface. Concrete sidewalks shall have four
inches of poured concrete applied to finish grade. The concrete
shall be placed in alternate slabs 9 meters in length except as
otherwise ordered. The slabs shall be separated by transverse pre-
formed expansion joint filler 13 millimeters in thickness. Concrete
driveway openings shall have six inches of poured concrete applied
to finish grade. Pre-formed expansion joints will be installed
against buildings, walls, steps, foundations or existing concrete
block.
11.8 Curb and Berm – Any curbing or berm which is damaged or
removed as part of the Street Opening Work shall be properly
replaced in kind. The use of cast-in-place concrete curbing is
prohibited. All salvageable granite curb that is removed from the
Public Way and is excess is the property of the town and shall be
delivered to the Department of Public Works by the Permit Holder
or Contractor.
11.9 Wheelchair Ramps – Existing wheelchair ramps which are
damaged or removed under Street Opening Work shall be
reconstructed in kind and in conformance with the ADA and the
Architectural Access Board Regulations that are currently in effect.
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11.10 Curb Cuts – Any curb cut within a Public Way cannot exceed the
following dimensions unless specifically approved by the Awarding
Authority Representative:
Single Family Dwelling 16 feet
Multi-Family Dwelling 18 feet
Two Family Dwelling 18 feet
Commercial Property 24 feet
Driveway entrances into Public Ways must butt into and not overlap
the edge of the existing roadway hardened surface. The driveway
must be graded in such a manner that no ponding of water occurs
within the Public way and in accordance with the Architectural
Access Board Regulations. Driveways shall not be located on
small radius curves and shall be positioned as to provide maximum
sight distance and safety.
Subsection 12. Suspension and Revocation
The Awarding Authority or Awarding Authority Representative, if it believes a
Default has occurred, can suspend immediately for up to 21 days a Street
Opening Permit by communicating such suspension to any of the Permit Holder,
Licensed Contractor, or any of their respective representatives at the job site.
The Awarding Authority may revoke a Street Opening Permit granted hereunder
after notice and hearing if it shall reasonable determine that a Default has
occurred. Permit Holder shall be given not less than five days prior written notice
of the time and place of the hearing and shall have the opportunity at the hearing
to present evidence. Any person aggrieved by the decision of the Awarding
Authority may appeal such decision to the appropriate court of competent
jurisdiction or to the extend applicable law provides, to the Department of
Telecommunications and Energy.
Subsection 13. Remedies
If a Permit Holder or Licensed Contractor shall be in Default as defined herein,
the Awarding Authority may:
1. Suspend or revoke the Street Opening Permit as provided in
Subsection 12 above. If the Street Opening Work has commenced
but is not completed at the time of a suspension or revocation, the
Awarding Authority can order the Street Opening work to be
completed by another Licensed Contractor the cost of which is paid
for from the Permit Holders Refundable Deposit Account or by
Permit Holder if the Refundable Deposit is insufficient or does not
exist.
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2. Suspend or revoke the Licensed Contractor’s Public Works
Construction License pursuant to the Public Works Construction
By-Law.
3. Assert the Town’s legal remedies.
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STREET OPENING BY-LAW
FEE SCHEDULE
Application Fee – $50.00
Inspectional services after Normal Working Hours - $50.00 per hour
Nominal Schedule of Refundable Deposits for Street Opening Work in Public
Ways:
To open to center of Public Way $300.00 each opening
To open across the Public Way $600.00 each opening
To open to center of state highway $1,500.00 each opening
To open across a state highway $2,000.00 each opening
To open trench in unpaved shoulder $10.00 per linear foot (parallel to street)
To open trench in paved Public Way $25.00 per linear foot (parallel to street)
Curb cut for a private driveway $200.00
Curb cut for a subdivision street $500.00
Newly Pave Roads (Infra-Red or equivalent)
To center of Public Way $700.00
Across the Public Way $1,400.00
To open a sidewalk (includes 3 sq. yds.)
Bituminous concrete sidewalk $300.00
Concrete sidewalk $600.00
To excavate a sidewalk (over 3 sq. yds.)
Bituminous concrete sidewalk $15.00 per sq. yd.
Concrete sidewalk $25.00 per sq. yd.
Note: The actual amount of each Refundable Deposit shall be reasonably
determined by the Awarding Authority to be sufficient to secure Applicant’s
performance under this By Law.
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