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Town By-Laws
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Source page 121
REVISED General By-Laws (2022 edition)
121Source page 122
REVISED General By-Laws (2022 edition)
TOWN OF CANTON, MASSACHUSETTS
APPLICATION FOR STREET OPENING PERMIT
APPLICANT:
Name: _____________________________________________________________
Address: _____________________________________________________________
Telephone: _____________________________________________________________
Contact Person: _____________________________________________________________
LICENSED PUBLIC WORKS CONTRACTOR
Name: ________________________________ License Number _______________
Address: _____________________________________________________________
Telephone: _____________________________________________________________
Normal business hours 24 hour emergency numbers
LOCATION
OF THE WORK: _____________________________________________________________
Expected Size of Trench: _________________________________________________________
Deposit Required: _____________________________________________________________
Expected Date of Work: _________________________________________________________
EMERGENCY
CONDITIONS _____________________________________________________________
Applicant by its signature in the space below acknowledging the benefit conveyed to applicant by
the receipt of the Street Opening Permit, hereby covenants and agrees with the Town of Canton
to defend, indemnify and hold harmless the Town of Canton and all of its officers, employees and
agents from any and all claims, demands, suits or other proceedings and from any and all
liabilities arising or claimed to have arisen out of, or to be in any way related to: (i) this
application, (ii) any street opening work as defined in the Street Opening By-Law, (iii) any action
or failure to act by applicant, its officers, employees, agents or contractors in connection with any
work performed or failed to be performed by or on behalf of applicant in or under any public way
in the Town of Canton.
Signature of Applicant
___________ Applicant Fee received _____________ Refundable Deposit received
___________ Emergency Inspection fee Exemption Claimed? Yes _____ No _____
Date ______________
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REVISED General By-Laws (2022 edition)
TOWN OF CANTON, MASSACHUSETTS
CERTIFICATION OF APPLICANT’S AGENT
APPENDIX TO APPLICATION FOR STREET OPENING PERMIT
I, _______________________________________________, ___________________________,
Name Title
of ___________________________________________________________________________
Name of Company
Certify under the penalties of perjury that:
1. I have authority to file this Application for a Street Opening Permit on behalf of the Applicant.
2. Applicant’s federal tax I.D. Number is _____________________.
3. If an out-of-state Applicant, a resident agent in the Commonwealth of Massachusetts must be
appointed for service of process. The name and address of the Applicant’s resident agent is:
__________________________
Date
___________________________
Agent’s Signature
___________________________
Address of Agent
___________________________
Telephone Number
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REVISED General By-Laws (2022 edition)
Section 13. Public Works Construction 16-13
Subsection 1. Introduction
From time to time, it is necessary to excavate a Public Way in order to install,
repair, or remove utilities or install or realign a driveway with the possibility of
removing curbing and/or fencing. It is desirable that persons working in or under
a Public Way have the necessary skills to perform this work in a competent
manner so that Public Ways are maintained to protect the health and safety of all
persons traveling on them. This By-Law is adopted under authority granted by
MGL Chapter 40 section 21.
Subsection 2. Definitions
Awarding Authority – The Select Board of the Town of Canton has authority to
exercise the powers granted by this By-Law.
Awarding Authority Representative – That municipal officer or employee, if
any, to whom the Awarding Authority has, in writing, delegated some of its
powers hereunder so that the process of license granting and administration will
proceed expeditiously.
Department of Public Works – The municipal agency generally responsible for
the repair and maintenance of Public ways with the municipality.
License Applicant – Any person or entity in the general contracting business,
qualified to do business in the Commonwealth of Massachusetts who wishes to
perform Street Opening work in a Public Way either as a Permit Holder or as
agent for one or more Permit Holders.
License Application Fee – An annual $50.00 non-refundable fee payable in
cash or by check made payable to the Awarding Authority each time a License
Application or renewal is filed.
Licensed Contractor – A contractor who holds a current and valid Public Works
Construction License issued by the Awarding Authority.
Permit Holder - An “Applicant” as defined in the Street Opening By-Law to
whom a Street Opening Permit has been granted.
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 to which the public has access and the Town is responsible
for maintaining. Also referred to as a Street.
16-13
Inserted under article 38, ATM April 27, 1998.
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Public Works Contractors Construction License – That license required of
certain persons or entities who wish to perform Street Opening Work in Public
Ways.
Street Opening Permit – A permit granted pursuant to the Street Opening By-
Law conferring 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 the Street Opening By-Law following such
disturbance, but excluding the location or relocation of utility poles for which a
grant of location has been obtained pursuant to MGL Chapter 166 section 27.
Violation – The failure of the Licensed Contractor, its employees, agents and
subcontractors to (I) comply fully with any or all provisions of this By-Law, the
Street Opening By-Law, and any Street Opening Permits or supplemental
instructions, the Town’s General By-Laws or other applicable law, or (ii) to keep
its Certificate of Insurance in full force and effect.
Subsection 3. General
No person or entity may become a Licensed Contractor unless it shall:
(1) be in the general contracting business, and
(2) be qualified to do business in the Commonwealth, and
(3) be qualified, in the reasonable judgment of the Awarding Authority, by
experience, training of personnel, financial resources, and previously
demonstrated, satisfactory performance of the entity, and/or those
individuals who control it, to perform Street Opening Work in Public Ways in
the municipality, and
(4) have completed the licensing process described below.
A License Applicant may demonstrate its compliance with (3) above by
presenting to the Awarding Authority evidence that it holds a current “Pre-
Qualification Rating” issued by the Massachusetts Department of Public Works
pursuant to 720 CMR 5.00 which, in the reasonable judgment of the Awarding
Authority, is sufficient in terms of Class of Work, Maximum Capacity Rating and
Single Capacity Rating (all as defined in 720 CMR 5.00) to demonstrate sufficient
capacity to perform anticipated Street Opening Work. A License Applicant
whose Public Works Contractors Construction License has been suspended or
revoked in the three year period preceding the date of the current application
may not demonstrate compliance with (3) above using this method.
Public Works Contractors Construction Licenses are valid from the date issued
until December 31 of the year in which issued unless sooner suspended or
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revoked. A Public Works Contractors Construction License must be renewed
each year.
Subsection 4. Application Procedure
The License Applicant shall file on forms designated by the Awarding Authority a
completed and signed application at the offices of the Awarding Authority (with a
copy delivered to the Department of Public Works). The License Application
shall be accompanied by any and all certificates, certificates of insurance
demonstrating compliance with (5) hereafter, and other items specified in the
Application or reasonably requested by the Awarding Authority. It shall also be
accompanied either by evidence that License Applicant is currently and
appropriately “pre-qualified” pursuant to 720 CMR 5.00 or by such evidence of
License Applicant’s compliance with the provisions of (3), above, as Awarding
Authority reasonably may require. The License Application shall also be
accompanied by the License Application Fee.
The Department of Public Works shall promptly review the Application and make
written recommendations thereon.
The awarding Authority shall make a prompt determination on the License
Application in accordance with the standards set out in (3) above.
If the License Application is favorably considered, a Public Works Contractors
Construction License shall be promptly issued. If the License Application is not
favorably considered, the Awarding Authority shall communicate in writing to
License Applicant the reasons its application was not favorably considered. The
Awarding Authority may establish streamlined procedures for renewal
applications.
Subsection 5. Insurance 16-13-5
Each Licensed Contractor shall acquire and continually maintain while licensed
hereunder liability insurance coverage on all personnel and equipment to be
used in the Street Opening Work which insurance is to be with insurance
companies licensed to do business in the Commonwealth of Massachusetts and
shall contain the following coverages and be in the following minimum amounts:
Commercial General Liability Insurance including operators, independent
contractors, complete operations, XCU hazards, broad form property damage
and personal injury.
General aggregate: $2,000,000.00
Products/Complete Operations:
Aggregate $2,000,000.00
Each occurrence $1,000,000.00
Personal & Advertising Injury $1,000,000.00
16-13-5
As amended under article 47, ATM May 5, 1999.
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Automobile Liability Insurance – Covers owned, non-owned and hired vehicles.
Bodily Injury $500,000.00 each person
$1,000,000.00 each accident
Property Damage Liability $250,000.00
Workers Compensation and Employer Liability
Bodily Injury By Accident $100,000.00
Bodily Injury By Disease $500,000.00
Bodily Injury By Disease $100,000.00
Each licensed Contractor agrees to maintain at the Licensee’s expense all
insurance required by law for its employees, including disability, workers
compensation and unemployment compensation.
Certificates of Insurance shall provide for at least thirty (30) days notice to the
Awarding Authority of cancellation or material change. The name of the
Awarding Authority shall be listed as an additional insured on the Certificate of
Insurance to be provided the by the Applicant. The Awarding Authority is not
responsible for any loss or damage whatsoever to the property of the Lincensee.
Evidence of such insurance shall be supplied to the town at least once in each
calendar year and as may be otherwise required by the Awarding Authority.
Subsection 6. Suspension and Revocation
The Awarding Authority or Awarding Authority Representative, if it believes a
Violation has occurred, can suspend immediately for up to 21 days a Public
Works contractors Construction License by communicating such suspension to
Licensed Contractor or any of its representatives at the job site.
The Awarding Authority may revoke a Public Works Contractors Construction
License granted hereunder after notice and hearing if it shall reasonable
determine that a violation of this By-Law has occurred. A Licensed Contractor
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.
No Public Works Contractor whose license has been revoked may re-apply for a
Public Works Contractors Construction License during the twelve month period
following a revocation. Any person aggrieved by the decision of the Awarding
Authority may appeal such decision to the appropriate court of competent
jurisdiction.
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APPLICATION FOR A PUBLIC WORKS CONTRACTORS
CONSTRUCTION LICENSE
Applicant’s Name ___________________________________________________
Applicant’s Address _________________________________________________
Applicant’s Telephone No. ____________________________________________
As part of this Application, Applicant: submits the names of six references, details its prior
experience and lists the equipment that it has available to do Street Opening Work, and submits a
Certificate of Insurance showing liability coverages in the required amounts.
Applicant certifies that it has complied with all laws of the Commonwealth of Massachusetts
relating to the filing of all State tax returns and payment of all state taxes required under said
laws.
Applicant, by its signature in the space provided below, acknowledging the benefit conveyed to
Applicant by the receipt of the Public Works Contractors Construction License, hereby covenants
and agrees with the Town of Canton to defend, indemnify and hold harmless the Town of Canton,
its Select Board (Awarding Authority) and all of its officers, employees and agents of and from
any and all claims, demands, suits or other proceedings and from any and all liabilities arising or
claimed to have arisen out of or to be in any way related to: (i) this Application, (ii) any Street
Opening Work as defined in the Public Works Contractors Construction License By-Law or (iii)
any action or failure to act by Applicant, its officers, employees, agents or contractors in
connection with any work performed or failed to be performed by or on behalf of Applicant in or
under any Public Way in the Town of Canton.
Signature of Applicant
Date: __________________
(for office use)
Date Application Received: ______________________
Application complete? ___________ Missing _______________________________________
Determination of Awarding Authority
Date License Issued _________________ Expiration Date ___________________
First Renewal Issued _________________ Expiration Date ___________________
Second Renewal Issued _________________ Expiration Date ___________________
Third Renewal Issued _________________ Expiration Date ___________________
Signature of Awarding Authority
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EXPERIENCE AND EQUIPMENT SHEET
APPENDIX TO APPLICATION FOR A PUBLIC WORKS CONTRACTORS
CONSTRUCTION LICENSE
REFERENCES:
(Name Address Telephone)
PAST EXPERIENCE:
EQUIPMENT:
Name of Applicant ___________________________________________
Signature of Applicant ___________________________________________
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REVISED General By-Laws (2022 edition)
Section 14. Restrictions On Water Use 16-14
Subsection 1. Authority.
This by-law is adopted under ‘home rule’ powers conferred on
municipal governments by section six of article two of the
amendments to the state constitution and by section thirteen of
chapter forty-three B of the General Laws, and under municipal
powers to protect the public peace, health, safety, general welfare
and convenience of its inhabitants and the public generally, and
including but not limited to, the provisions of General Laws chapter
forty, sections twenty-one, thirty-nine E, forty-one and forty-one A
(MGL c. 40, §§ 21, 2ID, 39E, 41 and 41A).
Subsection 2. Purpose.
This by-law is enacted for the purpose of protecting, preserving and
maintaining the public peace, health, safety, general welfare and
convenience of its inhabitants and of the public generally by
providing a method by which it can be assured there will be, at all
times, an adequate supply of pure, fresh, wholesome water for
human consumption and for bathing, cleaning and other personal
use and an adequate supply of water for fire fighting and fire
suppression purposes.
Subsection 3. Definitions.
For the purpose of this bylaw, the following terms shall have the
meanings indicated:
“STATE OF WATER SUPPLY CONCERN” - A state of water
supply concern exists when the level in the Neponset River drops
to a level predetermined or established by the Select Board as the
threshold for such status, or in a particular circumstance, because
of a then prevailing condition, the Select Board determines there is
a then existing need to protect the water supply and declares the
condition to exist.
“STATE OF WATER SUPPLY EMERGENCY” – A state of water
supply emergency exists when the supply of water provided by the
MWRA drops to a level predetermined or established by the Select
Board as the threshold for such status, or in a particular
circumstance, because of a then prevailing condition, the Select
Board determines there is a then existing need to protect the water
supply and declares the condition to exist.
“WATER TAKERS” – The term water takers includes all persons
(natural or corporate) and every other entity of whatever form as
may be, connected to the public water supply of the Town of
16-14
Inserted under article 30, ATM April 26, 1999.
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Canton, whether or not the use of such water shall be billed in their
or its name.
Subsection 4. Restrictions on the Use of Water.
A. Whenever the Select Board declare that a state of water supply
concern or a state of water supply emergency exists, the Select
Board may issue such restrictions, conditions, requirements,
provisions or regulations restraining the use of water supplied by
the Town as it may determine are necessary to protect the public
water supply.
B. Whenever the Select Board determine to place restrictions,
conditions, requirements, provisions or regulations restraining the
use of water it shall give notice to the water takers, to the public
and to the Massachusetts Department of Environmental Protection
in the manner provided in section 5, below.
Subsection 5. Notification of restraint of water use.
Notification of any provision. restriction, requirement or condition
with which users of water supplied by the Town of Canton are
required to comply shall be deemed to be sufficient if it is published
once in a newspaper of general circulation within the Town of
Canton or by such other notice as is reasonably calculated to reach
and inform all water takers and others who use the water supply of
the Town of Canton.
Subsection 6. Violation of water supply regulations.
A. Following a declaration by the Select Board that a state of water
supply concern or a state of water supply emergency exists in the
Town no person shall violate any water supply provision, condition,
requirement or restriction imposed by the Select Board in a plan
approved by the Department of Environmental Protection.
B. Any person, being a water taker, an inhabitant of the Town, or
otherwise, who violates any water restriction, condition,
requirement, provision or regulation restraining the use of water
imposed by the Select Board pursuant to the provisions of this by-
law shall be punished by a fine of fifty dollars ($50). Each instance
of noncompliance with any restriction, condition, requirement,
provision or regulation restraining the use of water shall constitute a
separate violation. This by-law shall be enforced in accordance with
the provisions of Article 1, Section 2, of the General By-Laws of the
Town of Canton. For the purpose of enforcing the provisions of this
section the Superintendent of Public Works, or the
Superintendent’s designees, shall be deemed to be enforcing
person(s).
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Section 15. Poles And Overhead Wires And Associated Overhead
Structures; Prohibited 16-15
Any person, firm, corporation, partnership, their agents and employees,
who has been granted, or may be granted, any license, permission, or
other authority to construct or to maintain poles and overhead wires and
associated overhead structures upon, along, under or across any public
ways, is forbidden from installing or constructing, and shall remove
immediately any poles, overhead wires and associated overhead
structures which are located on, along, or across the following section
of roadway described below:
Washington Street from Sherman Street to Neponset Street.
Section 16: Consolidated Drainage By-law16-16
Subsection 1. Purpose
The purpose of this by-law is to preserve and maintain the waterways in the
Town of Canton and to protect the Town of Canton’s drinking water supply from
contamination, recognizing that much of the storm water which falls on the
Town’s surface eventually makes its way to one of the many brooks, streams or
rivers that run through the Town.
A corollary purpose of this by-law is to provide for the health, safety, and general
welfare of the citizens of the Town of Canton through the regulation of non-storm
water discharges to the storm drainage system to the maximum extent
practicable as required by federal and state law. This by-law establishes methods
for controlling the introduction of pollutants into the municipal separate storm
drain system [storm sewer system (MS4)] in order to comply with requirements of
the National Pollutant Discharge Elimination System (NPDES) permit process.
The objectives of this by-law are:
(1) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by storm water discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate
storm sewer system
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this by-law
All new construction in the Town shall incorporate systems to encourage the
recharge of storm water back into the groundwater table. Contractors are
directed to the applicable sections of the "Rules and Regulations" of the Planning
Board.
Subsection 2. Definitions
16-15
Inserted under article 39, ATM April 24, 2000.
16-16
Inserted under article 35, ATM May 2, 2001.
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For the purposes of this by-law, the following shall mean:
Authorized Enforcement Agency: The Town of Canton Department of Public
Works (DPW), employees or designees of the Superintendent, designated to
enforce this bylaw.
Best Management Practices (BMPs): schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants directly or indirectly to
storm water, receiving waters, or storm water conveyance systems. BMPs also
include treatment practices, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of 5 acres or more.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Drainage System: The storm water collection system which is made up of the
open water courses, swales, ditches, culverts, canals, streams, and pipes
through which the surface water flows and the town ways over which it flows.
Groundwater: All water found beneath the surface of the ground.
Hazardous Materials. Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm
drain system, except as exempted in Section 8 of this by-law.
Illicit Connections. An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency or,
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Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
Impervious Surfaces: Materials or structures on or above the ground that does
not allow precipitation to infiltrate to the underlying soil.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined in
40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit. Means a permit issued by EPA (or by a State under authority
delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Non-Storm Water Discharge. Any discharge to the storm drain system that is
not composed entirely of storm water.
Person: means any individual, association, organization, partnership, firm,
corporation or other entity recognized by-law and acting as either the owner or as
the owner's agent.
Pollutant. Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non-hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
Recharge Areas: Areas that collect precipitation or surface water and carry it to
an aquifer.
Storm Drainage System. Publicly owned facilities by which storm water is
collected and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made or altered
drainage channels, reservoirs, and other drainage structures.
Storm Water. Rainfall that exceeds the soils capacity to absorb and runs across
the surface to brooks and streams to be collected in the ponds and rivers of the
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Town. Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
Storm Water Pollution Prevention Plan: A document which describes the Best
Management Practices and activities to be implemented by a person or business
to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to storm water, storm water conveyance
systems, and/or receiving waters to the maximum extent practicable.
Toxic or Hazardous Material: Any material or mixture of physical, chemical,
infectious characteristics posing a significant, actual or potential hazard to the
water supply or a hazard to human health if such substance or mixture were
discharged to the land or water of the Town of Canton. Toxic or hazardous
materials include, without limitation, synthetic organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids and alkalis, and
all substances defined as Toxic or Hazardous under Massachusetts General
Laws Chapter 21C and 21E, and 310 CMR 30.00, and also including such
products as solvents and thinners in quantities greater than normal household
use.
Wastewater means any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
Subsection 3. Applicability
This by-law shall apply to all water entering the storm drain system generated on
any developed and undeveloped lands unless explicitly exempted by an
authorized enforcement agency.
Subsection 4. Other Applicable By-Laws
The reader is directed to the following By-laws, which contain regulations
concerning drainage:
Article XIV Police Regulations; Section 38A Grading of Residence Lots and
Section 51. Regulations for New Dwellings.
Article XV Wetlands Protection By-law
Article XVI Miscellaneous, Section 3. Soil Removal
Zoning By-law, Section E, Article 5.2, Groundwater Protection District
Article XVII Hazardous Materials Regulations of the Board of Health
Subsection 5. Responsibility For Administration
The Department of Public Works shall administer, implement, and enforce the
provisions of this by-law. Any powers granted or duties imposed upon the
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authorized enforcement agency may be delegated in writing by the
Superintendent of Public Works to persons or entities acting in the beneficial
interest of or in the employ of the agency.
Subsection 6. Severability
The provisions of this by-law are hereby declared to be severable. If any
provision, clause, sentence, or paragraph of this by-law or the application thereof
to any person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of this by-law.
Subsection 7. Ultimate Responsibility
The standards set forth herein and promulgated pursuant to this by-law are
minimum standards; therefore this by-law does not intend nor imply that
compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants.
Subsection 8. Prohibited Activities
Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any materials, including but not limited to,
pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any non-storm water discharge
to the storm drain system is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by
this by-law: water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air conditioning condensation, springs, non-
commercial washing of vehicles, natural riparian habitat or wet-land flows,
swimming pools (if dechlorinated - typically less than one PPM chlorine), fire
fighting activities, and any other water source not containing Pollutants.
Discharges specified in writing by the authorized enforcement agency as being
necessary to protect public health and safety.
Dye testing is an allowable discharge, but requires a verbal notification to the
authorized enforcement agency prior to the time of the test.
The prohibition shall not apply to any non-storm water discharge permitted under
an NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection
Agency, provided that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations, and
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provided that written approval has been granted by the DPW for any discharge to
the storm drain system.
Prohibition of Illicit Connections.
The construction, use, maintenance or continued existence of illicit connections
to the storm drain system is prohibited.
This prohibition expressly includes, without limitation; illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this by-law if the person connects a
line conveying sewage to the MS4, or allows such a connection to continue.
No person shall block, cause to be filled or in any way obstruct the normal flow of
storm water into or out of the storm water disposal system.
No person shall dump or dispose of yard waste (leaves, grass clippings, etc.) into
the open watercourses (swales, brooks and streams), that make up the storm
water system.
No person shall discharge, or cause to be discharged, water or any other liquid,
on to the streets, sidewalks or ways of the town in such a manner as to cause an
obstruction of traffic or to endanger travel by freezing or otherwise.
No one shall deliberately direct, or cause to be directed, an increase or change to
the flow of storm water from one’s own property onto abutting property.
Subsection 9. Other Prohibited Activities
Drains - No one shall tie any pump, cellar, yard, roof or area drain directly into
the storm water drainage system without a permit from the Department of Public
Works.
Catch basins: - No person shall directly or indirectly dump, discharge or cause
or allow to be discharged into any catchbasin, any solid waste, construction
debris, paint or paint product, antifreeze, hazardous waste, oil, gasoline, grease
and all other automotive and petroleum products, solvents and degreasers, drain
cleaners, commercial and household cleaners, soap, detergent, ammonia, food
and food waste, grass or yard waste, animal feces, dirt, sand gravel or other
pollutant. Any person determined by the DPW to be responsible for the discharge
of any of the above substances to a catchbasin may be held responsible for
cleaning the catchbasin and any other portions of the storm water system
impacted, paying the cost for such cleaning or for paying any penalties assessed
by the Town.
All catch basins constructed shall be equipped with oil interceptors (hoods)
approved by the Department of Public Works.
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Pools: - Residents shall drain their pools in such a way as not to cause a
nuisance to the neighborhood. Pool water shall be dechlorinated by allowing it to
stand for a week prior to draining.
Sanitary Sewer System - It is strictly prohibited by both town and MWRA
regulations to tie any type of drain into the sanitary sewer system. This restriction
applies to all types of drainage, including roof drains and cellar or basement
drains.
Septage - No person shall discharge or cause or allow to be discharged any
septage, or septage tank or cesspool overflow into the Town’s storm water
drainage system.
Storage & Disposal of Hazardous Material - No one shall dispose of anything
other than clear water into the town's storm drainage system. The disposal of
waste, gasoline or any other hazardous material into the storm drainage system
is strictly prohibited and is in violation of various state and federal pollution laws.
Private drainage systems: - It is prohibited for anyone with a private drainage
system from tying into the public storm water disposal system without a permit
from the Department of Public Works. The maintenance of any and all private
drainage systems shall be the responsibility of the owners.
Subsection 10. New Construction
All new drainage construction in the Town of Canton shall be constructed in
accordance with Section 3.6 STORMWATER MANAGEMENT of the Rules and
Regulation of the Planning Board.
Any new construction, which shall render impervious 15% or 2,500 square feet of
any lot, whichever is greater, shall require a drainage permit from the Department
of Public Works.
Subsection 11. Suspension Of MS4 Access
Suspension due to Illicit Discharges in Emergency Situations
The DPW may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or Waters of the
United States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this by-law may have their MS4
access terminated if such termination would abate or reduce an illicit discharge.
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The authorized enforcement agency will notify a violator of the proposed
termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the authorized
enforcement agency.
Subsection 12. Industrial Or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the
Department of Public Works prior to the allowing of discharges to the MS4.
Subsection 13. Monitoring Of Discharges
Applicability.
This section applies to all facilities that have storm water discharges associated
with industrial activity, including construction activity.
Access to Facilities.
The DPW shall be permitted to enter and inspect facilities subject to regulation
under this by-law as often as may be necessary to determine compliance with
this by-law. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives of the
authorized enforcement agency.
Facility operators shall allow the DPW ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records that
must be kept under the conditions of an NPDES permit to discharge storm water,
and the performance of any additional duties as defined by state and federal law.
The DPW shall have the right to set up on any permitted facility such devices as
are necessary in the opinion of the authorized enforcement agency to conduct
monitoring and/or sampling of the facility's storm water discharge.
The DPW has the right to require the discharger to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure storm water flow and quality
shall be calibrated to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the operator at the
written or oral request of the DPW and shall not be replaced. The costs of
clearing such access shall be borne by the operator.
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Unreasonable delays in allowing the DPW access to a permitted facility is a
violation of a storm water discharge permit and of this by-law. A person who is
the operator of a facility with a NPDES permit to discharge storm water
associated with industrial activity commits an offense if the person denies the
authorized enforcement agency reasonable access to the permitted facility for
the purpose of conducting any activity authorized or required by this by-law.
If the DPW has been refused access to any part of the premises from which
storm water is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this by-law, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this by-law or any order issued hereunder, or
to protect the overall public health, safety, and welfare of the community, then the
authorized enforcement agency may seek issuance of a search warrant from any
court of competent jurisdiction.
Subsection 14. Requirement To Prevent, Control, And Reduce Storm
Water Pollutants By The Use Of Best Management Practices
The DPW will adopt requirements identifying Best Management Practices for any
activity, operation, or facility, which may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the U.S. The
owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or watercourses
through the use of these structural and non-structural BMPs. Further, any person
responsible for a property or premise, which is, or may be, the source of an illicit
discharge, may be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of storm water
associated with industrial activity, to the extent practicable, shall be deemed
compliance with the provisions of this section. These BMPs shall be part of a
storm water pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
Subsection 15. Watercourse Protection
Every person owning property through which a watercourse passes, or such
person's lessee, shall keep and maintain that part of the watercourse within the
property free of trash, debris, excessive vegetation, and other obstacles that
would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the
watercourse.
Subsection 16. Notification Of Spills
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility or
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REVISED General By-Laws (2022 edition)
operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into
storm water, the storm drain system, or water of the U.S. said person shall take
all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the authorized enforcement agency in person
or by phone or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed and mailed to
the DPW within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the
owner or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
Subsection 17. Special Provisions
In General
For commercial and industrial uses, to the extent feasible, run-off from
impervious surfaces shall be recharged on site by diverting runoff toward areas
covered with vegetation for surface infiltration. Such run-off shall not be
discharged directly to rivers, streams or other surface water bodies. Subsurface
infiltration shall be used only where other methods are infeasible and shall be
preceded by oil, grease and sediment traps, to facilitate removal of any
contaminates. All recharge areas shall be permanently maintained in full working
order by the owner(s).
Commercial cleaners:
It is prohibited for commercial home cleaners, rug cleaners, car washes, etc., to
dispose of their wastewater into the storm water system.
Dumpsters:
Areas around dumpsters shall be bermed and drained to a central catchbasin,
which shall be equipped with an oil interceptor approved by the Department of
Public Works.
Fertilizer storage:
The outdoor storage of salt, de-icing material, pesticides or herbicides is
prohibited. The commercial storage of fertilizers and other soil conditioners shall
be within structures designed to prevent the generation and escape of
contaminated run-off or leachate.
Stables, (etc.):
Any stable, feedlot, kennel or resident who houses more than four farm animals
shall provide for the pretreatment of all run-off from the property as approved by
the Select Board. All permanent animal manure storage areas shall be covered
and/or contained to prevent the generation and escape of contaminated run-off
or leachate.
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REVISED General By-Laws (2022 edition)
Vehicular storage:
Any area where more than six (6) vehicles are stored or parked for a period of
more than one week shall be drained to catchbasins equipped with oil
interceptors.
Subsection 18. Enforcement
Notice of Violation.
Whenever the DPW finds that a person has violated a prohibition or failed to
meet a requirement of this by-law, the authorized enforcement agency may order
compliance by written notice of violation to the responsible person. Such notice
may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and
desist;
(d) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property; and
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required; the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by a
designated governmental agency or a contractor and the expense thereof shall
be charged to the violator.
2. Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the
authorized enforcement agency. The notice of appeal must be received within 30
days from the date of the Notice of Violation. Hearing on the appeal before the
appropriate authority or their designee shall take place within 30 days from the
date of receipt of the notice of appeal. The decision of the municipal authority or
their designee shall be final.
3. Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements set forth in
the Notice of Violation, or, in the event of an appeal, within 30 days the decision
of the Department of Public Works upholding the decision of the authorized
enforcement agency, then representatives of the authorized enforcement agency
shall enter upon the subject private property and are authorized to take any and
all measures necessary to abate the violation and/or restore the property. It shall
be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the government agency or designated contractor to
enter upon the premises for the purposes set forth above.
4. Cost of Abatement of the Violation
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Within 30 days after abatement of the violation, the owner of the property will be
notified of the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment within
30 days. If the amount due is not paid within a timely manner as determined by
the decision of the municipal authority or by the expiration of the time in which to
file an appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount of the
assessment.
Any person violating any of the provisions of this article shall become liable to the
city by reason of such violation. The liability shall be paid in not more than 12
equal payments. Interest shall be added to any balance which remains unpaid
after such thirty-first day at the same rate as is provided in Section fifty-seven of
Chapter fifty-nine of the General Laws.
5. Injunctive Relief
It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this by-law. If a person has violated or continues to
violate the provisions of this by-law, the authorized enforcement agency may
petition for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the person to
perform abatement or remediation of the violation.
6. Compensatory Action
In lieu of enforcement proceedings, penalties, and remedies authorized by this
by-law, the authorized enforcement agency may impose upon a violator
alternative compensatory action such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
7. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this by-law is a
threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
8. Criminal Prosecution
Any person that has violated or continues to violate this by-law shall be liable to
criminal prosecution to the fullest extent of the law, and shall be subject to a
criminal penalty of $300.00 dollars per violation per day.
The authorized enforcement agency may recover all attorneys’ fees court costs
and other expenses associated with enforcement of this by-law, including
sampling and monitoring expenses.
9. Remedies Not Exclusive
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The remedies listed in this by-law are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the
discretion of the authorized enforcement agency to seek cumulative remedies.
Subsection 19. Penalties
Any person or entity who violates this by-law shall be liable to the Town in the
amount of $50.00 for the first day, and $50.00 for each day thereafter during
which such violation shall continue. Each separate instance of noncompliance
following the issuance of any warning or citation pursuant to this section shall
constitute a separate violation.
Subsection 20. Transitional Provisions
Implementation of special provisions:
Residents and owners of commercial establishments shall have one year from
the effective date of this by-law for the implementation of the regulations under
the special provisions above.
Section 17. Mapping Commission 16-17
(a) Establishment – There is hereby established a mapping commission for the
purpose of developing or coordinating the development of comprehensive maps
of Canton, including, but not limited to, parcel boundaries, location of utility lines,
pipelines, and other structures, land use or items of geographic or geological
interest.
(b) Composition, Term of Office – The Mapping Commission shall consist of
Town Engineer within the Department of Public Works, the Town Planner, the
GIS Coordinator, and the Information Systems Manager who shall serve by virtue
of their office as members of the Mapping Commission.
(c) Powers and Duties – The Mapping Commission shall: (1) develop and
administer programs relating to mapping of the community; (2) advise, assist and
cooperate with state, regional and federal agencies in developing appropriate
programs and policies relating to such mapping; (3) apply for, receive, expend,
represent and act on behalf of the town in connection with federal grants, grant
programs or reimbursements or private grants; (4) accept gifts, grants, bequests
and devises from any source, whether public or private, for the purpose of
assisting in the discharge of its duties; (5) seek to coordinate the activities of
governmental and private bodies organized for similar purposes. The Mapping
Commission shall seek to coordinate all mapping efforts in Canton in order that
duplicative efforts be minimized. The Mapping Commission may offer for sale
any products of its efforts, including maps, reports or other materials. The
Mapping Commission shall have all of the other powers and duties as are given
to such commissions in Section 8K of Chapter 40 of the General Laws, or
otherwise.
16-17
Inserted under article 47, ATM May13, 2002. Amended under article 22, ATM May 13, 2019.
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Section 18. Title 5 Restrictions16-18
The Town's Board of Health may, in specific cases as the Board of Health deems
necessary, require, approve, accept, file, record and enforce covenants and
restrictions related to real property, arising from the requirements,
implementation or enforcement of Title 5 of the State Environmental Code (310
CMR 15.000, et seq., as the same may be amended), including but not limited to
the siting, construction, grading, installation, upgrade, expansion and/or alteration
of on-site sewage treatment and disposal systems and for the transport and
disposal of septage.
Section 19. Community Preservation Committee16-19
19.1 The Community Preservation Committee is established consisting of
nine voting members pursuant to G. L. Chapter 44 B.
19.2 The Community Preservation Committee shall be appointed by the
Select Board and consist of one member each from the:
19.2.1 Conservation Commission as designated by the Conservation
Commission, Historical Commission as designated by the Historical Commission
and Planning Board as designated by the Planning Board for an initial term of three
years and thereafter for a term of three years;
19.2.2 Recreation Commission as designated by the Recreation
Commission and Housing Authority as designated by the Housing Authority and
the Canton School Committee as designated by the Canton School Committee,
for an initial term of two years and thereafter for a term of three years;
19.2.3 Select Board as designated by the Select Board, Capital Planning
Committee as designated by the Capital Planning Committee and one community
member, appointed for an initial term of one year and thereafter for a term of three
years.
19.3 The Community Preservation Commission shall study the needs,
possibilities, and resources of the Town regarding community preservation. The
Committee shall consult with existing municipal boards and hold one or more
public informational hearings yearly on the needs, possibilities and resources of
the Town regarding community preservation. Notice of these public hearings shall
be posted publicly and published for each of two weeks preceding a hearing in a
newspaper of general circulation in the Town.
19.4 The Community Preservation Committee shall make
recommendations to the Town Meeting for the acquisition, creation and
preservation of open space; for the acquisition, preservation, rehabilitation and
restoration of historic resources; for the acquisition, creation and preservation of
land for recreational use; for the creation, preservation and support of community
16-18
Inserted under article 16, ATM 2006.
16-19
Inserted under article 29, ATM 2006.
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housing; and for the rehabilitation or restoration of open space, land for
recreational use and community housing that is acquired or created as provided
in G.L. Chapter 44 B. With respect to community housing, the Community
Preservation Committee shall recommend, wherever possible, the reuse of
existing buildings or construction of new buildings on previously developed sites.
19.5 The Community Preservation Committee may include in its
recommendation to the Town Meeting a recommendation to set aside for later
spending funds for specific purposes consistent with the Community Preservation
Act.
19.6 The Community Preservation Committee shall not meet or conduct
business without the presence of a quorum. A majority of the members of the
Community Preservation Committee shall constitute a quorum. The Community
Preservation Committee shall approve its actions by majority vote.
Recommendations to the Town Meeting shall include their anticipated costs.
Section 20. Temporary Fire Watch Patrols16-20
A. Purpose: In order to avoid relocating persons from or evacuation of, any
building, structure, place of business, place of habitation or vacant or abandoned
building or structure which in the judgment of the Chief of the Canton Fire
Department or is imminently dangerous or presents the existence of conditions
likely to cause fire or explosion, the Chief of the Canton Fire Department may
order the owner, agent, or manager of such a building, structure, business or
place of habitation to provide a temporary fire watch patrol if the Chief of the
Canton Fire Department determines a reasonable level of fire or life safety may
be obtained by the implementation of such an Order.
B. Rules and Regulations:
(1) The temporary fire watch personnel necessary to comply with any Order
issued pursuant to subpart A of this section of the By-laws shall be specially
trained in fire prevention and in the use of fire extinguishers and occupant hose
lines, in sounding building fire alarms, in understanding the particular fire safety
situation of public education purposes, be able to instantly communicate with fire
alarm office by radio, and remain alert and undistracted during their assigned
hours.
(2) The owner of any building, structure, place of business, place of habitation or
vacant or abandoned building or structure shall be responsible for any and all
costs associated with the temporary fire watch patrol.
C. Appeal: Any person aggrieved by the issuance of an Order pursuant to
subpart A of this section of the By-laws may file with the Select Board with a copy
to the Chief of the Canton Fire Department of a notice of appeal within thirty days
(30) after issuance of such Order. In the event of such an appeal, the Select
Board shall promptly hear such appeal and may affirm or deny the appeal, or
16-20
Inserted under article 29, ATM 2007, as approved by Attorney General
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may remand the appeal back to the Chief of the Canton Fire Department for
further investigation.
D. Enforcement: If the owner fails to comply with the Order issued pursuant to
subpart A of this section of the By-laws, then the Chief of the Canton Fire
Department may deploy Fire Department personnel or make other arrangements
to provide personnel sufficient to perform the requirements of any such Order at
the expense of the property owner, who shall be billed monthly by the Fire
Department for the costs thereof for so long as the property owner continues to
fail to provide their own personnel meeting the training requirements of subpart
B(1) of this section of the By-laws, to perform such requirements of the Order,
until the first to occur of the property owners compliance with the Order or the
Order expiration or termination of the Order. In addition, if such Order issued
pursuant to subpart A of this section of the By-law is not obeyed, the Chief of the
Fire Department may seek a court order requiring compliance with such Order.
E. Penalties: If the billings issued by the Fire Department to the property owner
for costs incurred by the town pursuant to subpart D of this section of the By-law
are not reimbursed to the Town, such nonreimbursed billings shall constitute a
"municipal charges lien" in accordance with G. L. Ch. 40, upon the property upon
which the temporary fire watch patrol was provided.
Section 21. Scenic Road By-Law16-21
1.0 Introduction/Purpose
A. The Town of Canton has designated certain roads in the Town as
scenic roads pursuant to M.G.L. c. 40 Section 15C.
B. The purpose of this Scenic Road By-law is to establish penalties
and enforcement procedures for unauthorized cutting, or removal of
Scenic Road Trees and unauthorized tearing down or destruction of stone
walls, or portions thereof.
2.0 Definitions
As used in this Scenic Road By-law, the following words shall have the following
meanings.
A. Scenic Road Tree: any tree greater than one and one half inches in
diameter one foot from the ground within a scenic road or on the
boundaries thereof.
3.0 Proscribed Activities
A. Any repair, maintenance, reconstruction, or paving work done with
respect to any scenic road in the Town shall not involve or include the
cutting, or removal of any Scenic Road Tree in whole or in part, or the
tearing down or destruction of a stone wall, or portion thereof, except with
the prior written consent of the Planning Board after a public hearing.
16-21
Inserted under article 20, ATM 2007
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4.0 Penalties
A. Any violation of Section 3.A of this Scenic Road By-law shall be
punished by a fine of three hundred dollars ($300.00).
B. Each violation of Section 3.A of this Scenic Road By-law shall
constitute a separate offense.
5.0 Rules and Regulations
A. The Planning Board may adopt rules and regulations after a public
hearing to further implement this By-law.
6.0 Enforcement
A. The Planning Board and its agents, the Tree Warden or the Tree
Wardens deputy and any officer with police powers may issue
enforcement orders directing compliance with this Scenic Road By-law
and may undertake any other enforcement action authorized by law.
B. The Planning Board and its agents and the Tree Warden and the Tree
Wardens deputy may enforce this Scenic Road By-law without limitation
by a civil action for injunctive relief filed in a court of competent jurisdiction.
C. Non-criminal Disposition
1. This Scenic Road By-law may be enforced without limitation
through non-criminal disposition pursuant to M.G.L.c.40 Section
21D.
2. The Planning Board, its agent, the Tree Warden and the Tree
Wardens deputy are hereby designated as the enforcing persons
for such non-criminal disposition.
D. Nothing in this Scenic Road By-law shall preclude its enforcement by
any lawful means not stated herein.
Section 22. Excavation and Trench Safety16-22
Purpose.
The purpose of this chapter is to establish reasonable standards to protect the
safety of the citizens of the Town of Canton from the hazards inherent in
trenches and to provide for penalties for individuals who violate any provision of
this chapter.
(a) Authority, Fee.
Pursuant to the provisions of MGL Ch. 82A, the regulations of the Department of
Public Safety in conjunction with the Division of Occupational Safety as
promulgated under 520 CMR 14.00 regarding excavation and trench safety are
expressly incorporated into this bylaw by reference. A reasonable fee to defray
the cost of administration incurred in the review and processing of permits under
this chapter shall be established pursuant to MGL Ch. 40, s. 22F and Ch. 82A, s.
2.
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Inserted under article 39, ATM April 29, 2009.
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(b) Permitting Authority.
The Director of the Department of Public Works or the Director’s designee shall
serve as the “Permitting Authority” for excavations to take place on both property
that is owned or controlled by a public agency or that a public agency otherwise
has a property interest in, including but not limited to an easement, and for
excavations to take place on privately owned land. The Director of the
Department of Public Works or the Director’s designee, acting as the Permitting
Authority, may delegate some or all of the Directors authority under this chapter
to the Building Inspector and the Fire Chief or the Fire Chief’s designee.
(c) 28-4. Police Detail.
In the event that the Permitting Authority becomes aware or is notified of an
unattended trench during a time when the permit holder is unavailable, it may
require a fire department detail to attend such unattended trench, that is
unprotected by any means provided for in 250 CMR 14.00, to protect the general
public, the cost of which shall be assessed to the permit holder.
(d) 128-5. Application.
The provisions of this chapter shall apply to any excavator in the Town of
Canton.
(e) 128-6. Violations.
Any person violating this section shall be fined three hundred dollars ($300.00)
for each offense, each day constituting a separate offense. The enforcing
persons for this bylaw shall be the Permitting Authority or Permitting Authority’s
designees and any one fire shift commander of the Town of Canton. Non-criminal
disposition of violations shall be available to apply to violations pursuant to Article
I, General Provisions, Section 2 of the By-Laws of the Town of Canton.
Section 23. Right-Of-Way16-23
I. Preamble
In partial fulfillment of the obligation to see to the prudential management of the
Town's affairs and assets and in light of the continuing technological revolution in
telecommunications, the recent passage of the Telecommunications Act of 1996
and the de-regulation of the electric and natural gas industries in the
Commonwealth, the Town hereby establishes a comprehensive and fair system of
regulation for all entities which desire to use the Town's Rights-of-Way.
II. Introduction
The purpose and intent of this By-Law is to:
Provide the Town with accurate and current information concerning all facilities
located in the Town's Rights-of-Way together with current information concerning
entities owning or controlling the Facilities, and
16-23
Inserted under article 28, ATM April 27, 2009.
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a. Permit and manage reasonable access to the public Rights-of-Way on a
competitively neutral basis, and
b. Manage Grants of Location in Public Ways and approve locations to insure that
facilities in Rights-of Way do not incommode the public use of Rights-of-Way or
endanger or interrupt navigation, and
c. Conserve the limited physical capacity of the Rights-of-Way held in public trust
by the Town, and
d. Assure that the Town is appropriately compensated when its Rights-of-Ways
are utilized by non-governmental entities, and
e. Assure that the Town's current and on-going costs of granting and regulating
private access to and use of the public Right-of- Way are fully paid by the persons
seeking such access and causing such costs, and
f. Assure that the Town can continue to fairly and responsibly protect the public
health, safety and welfare.
This by-law is adopted in accordance with the authority granted, inter alia, by
Amendment Article 89 to Article II of the Massachusetts Constitution, M.G.L.
Chapter 43B section 13, M.G.L. Chapter 40 sections 4, 21 and 22F, and Chapter
85.
III. Definitions
Applicant: Any person or entity, including without limitation implied, Public Utility,
Telecommunications Carrier, Local Exchange Carrier or municipal department
which owns or exercises general responsibility and control over any Facility.
Application: The written application on a form prescribed by the Awarding
Authority executed by the Applicant together with a plan showing the location and
details of the Facility in question and the Application Fee by which an Applicant or
Co-Locator requests a Right-of-Way Permit.
Application Fee: A fifty dollar ($50.00) non-refundable processing fee which shall
accompany each application for a Right-of-Way Permit.
Attachment: Any device, apparatus, appliance, equipment, wire or cable or other
thing including any Telecommunication Facility installed or proposed to be installed
on or in any Existing Facility whether by Applicant or Co-Locator or proposed to be
installed on any New Facility by Applicant or Co-Locator.
Awarding Authority: The Select Board of the Town of Canton which has authority
to exercise the powers granted by this By-Law.
Co-Locator: Any person or entity other than Applicant who desires to use an
Existing or New Facility.
Contractor: All officers or employees of Applicant or Co-Locator who perform or
any person or entity engaged by or on behalf of Applicant or Co-Locator to perform
construction, repair or maintenance work on Overhead or Underground Facilities
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owned by Applicant and permitted by the Awarding Authority which are located in
the Right-of-Way. The Contractor for purposes of this By-Law and for all questions
of liability in connection with any construction, repair or maintenance work on
Overhead or Underground Facilities owned by Applicant which are located in the
Right-of-Way shall be conclusively deemed an agent of Applicant or Co-Locator
for whom Applicant or Co-Locator is fully responsible.
Default: The failure of the Permit Holder (including all Contractors or other agents
of Permit Holder) (i) to pay when due any License Rental Payment, if any, (ii) to
perform fully any covenant of the License or otherwise fail to comply with any
provision of the License Agreement, the Right-of-Way Permit or the By-Law
following ten days prior written notice to Licensee from Town (iii) to keep its
Certificate of Insurance in full force and effect, or (iv) to provide the service that is
outlined in its Application (except for interruptions in service due to Emergency
Repair Work) for a period of six consecutive months.
DTE: The Massachusetts Department of Telecommunications and Energy created
by Chapter 25 M.G.L. Effective Date: The date upon which this By-Law becomes
effective.
Emergency Repair Work: Right-of-Way Work which must be commenced
immediately to correct a hazardous condition in which the safety of the public is in
imminent danger, such as a threat to life or health of the public or where immediate
correction is required to maintain or restore essential Public Utility service.
Excess Capacity: The volume or capacity in any Existing Facility that is not being
used or is not proposed to be used as part of a concrete plan for the future at the
time that an Application is made for a Right-of-Way Permit by an Applicant or Co-
Locator.
Existing Facility: An Overhead or Underground Facility which is in existence on
the date of the Application for a Right-of-Way Permit.
Facility: Any Overhead or Underground Facility or Attachment thereto including
without limitation any utility or other pipe, duct, line, pole, wire, cable, transmission
line, conduit, pedestal, wave guide, dish, antenna electronic or other thing located
or proposed to be located in, on, above, along, under or across a Right-of-Way.
FCC: Federal Communications Commission.
Grandfathered Facility: An Overhead or Underground Facility in existence on the
Effective Date.
Grant of Location: Permission granted by the Awarding Authority of the Town to a
Public Utility, in order to conduct its Regulated Activities, to locate poles, piers,
abutments or conduits or attachments thereto or railway routes on, in, above,
along, under or across a Public Way in accordance with the procedures set out in
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M.G.L. Chapter 166 section 22, Chapter 161 section 70, Chapter 162 section 8
and with this By-Law.
Grant of Location Applicant: An Applicant or Co-Locator which is a Public Utility
conducting a business described in section 21 of Chapter 166 of the
Massachusetts General Laws.
Highway Superintendent: That individual, appointed or elected in accordance with
Chapter 41, sections 1, 66 or 69E of the M.G.L.
Inspector of Wires: That individual appointed by the Town to fulfill the
responsibilities set out in M.G.L. Chapter 166 section 32.
License Agreement: An Agreement between the Town and an Applicant owner of
a Facility setting forth detailed contractual terms and obligations of the owner of a
Facility and entered into incident to the grant of a Right-of-Way Permit.
License Rental Payment: The one-time or annual dollar amount to be paid by an
Applicant to the Town, as the Town and an Applicant and/or Co-Locator may agree
upon, if any, for the use of the Right-of-Way for an Overhead Facility or
Underground Facility.
Licensed Contractor: A Contractor who holds a current and valid Public Works
Construction License issued by the Awarding Authority.
Local Exchange Carrier: Every person or entity that directly or indirectly owns,
controls, operates and manages plant, equipment or property within the Town used
or to be used for the purpose of offering telephone service and which is licensed
by the FCC and certified by the DTE under C. 159 M.G.L. as a local exchange
carrier.
Measurable Interference: Interference as defined by FCC Regulations (47 C.FR)
which affects the Telecommunications Services provided by a Permit Holder.
Modification: A material physical change to an Existing Facility such that its use
or capacity is materially altered.
New Facility: An Overhead or Underground Facility or an Attachment that has not
yet been constructed but that is proposed and described in an Application for a
Right-of-Way Permit.
Normal Working Hours: 8:00 A.M. to 3:30 P.M., Monday through Friday, excluding
holidays.
Overhead Facility: Any tower, Telecommunication Facility and Pole including
Poles and Overhead Wires and Associated Overhead Structures including
Attachments located or proposed to be located above the surface of the Right-of-
Way including the underground supports and foundations for such facilities.
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Permit Holder: An Applicant or Co-Locator to whom a Right-of-Way Permit has
been granted.
Permit Term: The period commencing on the date of filing of an Application and
ending upon the revocation of a Right-of-Way Permit.
Planning Board: The Planning Board of the Town of Canton.
Pole or Poles and Overhead Wires and Associated Overhead Structures: poles,
towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cut-outs, switches, communication 'circuits, appliances
attachments, and appurtenances located above ground, upon, along or across any
Public Way or private ways of the Town and used or useful in the transmission of
intelligence by electricity or otherwise, or for the transmission of television signals,
whether by electricity or otherwise, or for the transmission of electricity for lighting,
heating or power, or for the construction or operation of a street railway or an
electric railroad; provided, that said phrase shall not mean or include any of the
following: poles, towers, overhead wires and associated overhead structures used
exclusively in the transmission but not the distribution of electricity; poles used
exclusively for police and fire alarm boxes or any similar municipal equipment
installed under the supervision and to the satisfaction of the engineer of the
municipality; wires (exclusive of supporting structures) crossing any portion of any
underground utility district from which overhead wires have been prohibited, or
connecting to buildings on the perimeter of such portion, when such wires originate
in an area from which poles and overhead wires and associated overhead
structures are not prohibited; overhead. wires attached to the exterior surface of a
building by means of a bracket or other fixture and extending from one location on
the same building or to an adjacent building without crossing any public Right-of-
Way; radio antennas, their associate equipment and supporting structures used by
a utility for furnishing communication services; and service terminals including
transformers in pedestals above ground used to distribute electric or
communication service in underground systems.
Pole Attachment: An Attachment which is a wire or cable for transmission of
intelligence by telegraph, telephone or television, including cable television, or for
the transmission of electricity for light, heat, or power or for the transmission of
Telecommunications Services and any related device, apparatus, appliance or
equipment installed upon any Pole or in any telegraph duct or conduit owned or
controlled in whole or in part by one or more Public Utility.
Public Utility: A gas and electric company subject to M.G.L. Chapter 164,
telephone and telegraph company subject to M.G.L. Chapter 166, cable TV
company subject to M.G.L. Chapter .166A, water and aqueduct company subject
to M.G.L. Chapter 165, or street railway subject to M.G.L. Chapter 161 or electric
railroad subject to M.G.L. Chapter 162.
Public Utility Use: The use of a Facility by a Public Utility during the Permit Term
in conducting its Regulated Activities but not including any non-Public Utility use
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by such Public Utility or any use by a non-regulated affiliate of a I Public Utility or
any other use by any other person or entity.
Public Way: Any road (including such appurtenances as berms, curbs, drains,
sewers, water mains, sidewalks and paved and unpaved shoulders within the
paper layout) to which the public has access and that the Town is responsible for
maintaining.
Public Works Construction License: A license required of all Contractors who are
not officers or employees of a Public Utility or of a municipal department who wish
to perform Street Opening Work in the Public Ways of the Town.
Regulated Activities (of Public Utilities): The transmission of natural gas and
electricity by a gas or electric Company subject to M.G.L. Chapter 164, the
transmission of voice or telegraph messages by a telephone and telegraph
company subject to M.G.L. Chapter 166, the transmission of video broadcasts by
television or cable television (including other, activities deemed incidental thereto
by federal law) subject to M.G.L. Chapter 166A, the provision of street railway I
services subject to M.G.L. Chapter 161 or transportation by electric railroad subject
to M.G.L. Chapter 162.
Right-of-Way: The surface and space on, along, above and below any real
property which is a Public Way or other way in which the Town has an interest in
law or equity, whether held in fee or other estate or interest, or as trustee for the
public, including, but not limited to any public street, boulevard, road, highway,
freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park,
skyway, or skyway bridge.
Right-of-Way Permit: A permit granted by the Awarding Authority to an Applicant
for permission to construct, to repair and maintain, and to use Overhead and
Underground Facilities that it owns and which are located or to be located in the
Right-of-Way. Also a Permit granted by the Awarding Authority to a Co-Locator for
an Attachment to a New or Existing Facility.
Right-of-Way Work: Any construction, repair or maintenance of utility or other
pipes, ducts, lines, poles, wires, cables, conduits, pedestals, antennas, dishes,
electronics or other thing located in, on, above, under or across a Right-of-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 the Town's Street Opening By-Law following such
disturbance but excluding the location or relocation of utility poles for which a Grant
of Location has been obtained pursuant to M.G.L. Chapter 166 section 22.
Telecommunications: The transmission between or among points specified by the
user of information of the user's choosing without change in the form or content of
the information as sent and received.
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Telecommunications Carrier: Every person or entity that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the Town used
or to be used for the purpose of offering Telecommunications Service and which
is licensed by the FCC and certified by the DTE under C. 159 M.G.L. as a
Telecommunications common carrier.
Telecommunications Facility: A Facility other than customer premises equipment
used by a Telecommunications Carrier to provide Telecommunications Service
and includes software integral to such equipment (including upgrades), cables,
wires, lines, wave guides, electronics, dishes and antennas.
Telecommunications Service: The offering of Telecommunications for a fee
directly to the public or to such classes of users as to be effectively available
directly to the public regardless of the Telecommunications Facilities used.
The Telecommunications Act of 1996: Public Law 104-104 - Feb. 8, 1996. 110
Stat. 57.
Town: The Town of Canton.
Transmission Line: Lines and associated structures used for the transmission of
electric energy sold, or to be sold, at wholesale in interstate commerce.
Underground Facility: Any pipe, duct, line and conduit and Telecommunications
Facility or other thing including Attachments located or proposed to be located
under the surface of the ground but excluding the underground foundations or
supports for Overhead Facilities.
Usable Space: The total usable capacity of any Overhead or Underground Facility
located in the Right-of-Way as reasonably determined by the Awarding Authority.
IV. Necessity Of A Permit
No work in, on, under, along, above or across a Right-of-Way or use of a Right-of-
Way shall commence until the Applicant and any Co-Locator each shall have
submitted to the Town an Application for a Right-of-Way Permit and obtained from
the Awarding Authority a Right-of-Way Permit. Applicants with Grandfathered
Facilities and any Co-Locator with Grandfathered Facilities located in the Right-of-
Way shall be deemed to have applied for and been granted a valid Right-of-Way
Permit for the Permit Term for such Facilities and to be subject to all of the
provisions of the License Agreement substantially in the form set forth below.
An Applicant or Co-Locator which wishes to continue to use a Grandfathered
Facility after the expiration of the Permit Term or such Grandfathered Facility’s
useful life (as determined by the Awarding Authority) each must file an Application
and treat such Facility as a New Facility. From and after the Effective Date,
Applicant or Co-Locator must also obtain a Right-of-Way Permit for any
modification of or new Attachment to a Grandfathered Facility.
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Any Applicant or Co-Locator who is using a Grandfathered Facility for any purpose
other than a Public Utility User must notify the Town of such use of each such
facility within 120 days after the Effective Date. Any Applicant or Co-Locator which
after the Effective Date wishes to make a use of its Grandfathered Facility which
is not a Public Utility Use must, prior to commencing such use, apply for and obtain
a Right-of-Way Permit for such non-Public Utility Use.
Traffic lights, fire hydrants, mail boxes and intrusions in the Right-of-Way that are
accessory uses to the primary use of the property such as awnings, balconies,
over-hanging signs and sidewalk cafes are exempted from this By-Law.
Prior to the Town accepting a private way as a Public Way, such Applicant with a
Facility located in, on, under or across the private way and each Co-Locator using
such Facility including a Co-Locator Public Utility shall apply for and obtain a Right-
of-Way Permit from the Awarding Authority.
A Public Utility that is petitioning for a Grant of Location in accordance with Ch.
166 section 22, Ch. 161 section 70 or Ch. 162 section 8 of the M.G.L. as part of its
Application for a Right-of-Way Permit shall so indicate on the Application. A Right-
of-Way Permit granted to a Public Utility for a Facility to the extent of Public Utility
Use shall constitute a Grant of Location as well.
Except for Transmission Lines, in the event that all of the Usable Space of Existing
Overhead Facilities has been used up, the Town may in its reasonable discretion
require that the Applicant construct New Underground Facilities.
All construction 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, and (iii) any conditions contained in the Right-of-Way
Permit. Without limiting this By-law in any manner, work that involves Street
Opening Work must comply with the Town's Street Opening By-Law.
No person or entity may perform any work in or under a Right-of-Way unless it is
a Permit Holder and (i) is a municipal department, Public Utility,
Telecommunications Carrier or Local Exchange Carrier or their respective officers
or employees or (ii) has engaged a Licensed Contractor and such holder performs
all such Right-of-Way Work as agent of Permit-Holder.
V. Requirements Of Application
A. Information Required of All Applicants and Co-Locators
Applicants or Co-Locators seeking a Right-of-Way Permit shall file on forms
designated by the Awarding Authority a completed and signed Application at the
office of the Awarding Authority which shall include the following information:
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1. The identity and legal status of the Applicant or Co-Locator including any parent
or affiliated corporation.
2. The address and telephone number of the corporation and the name of the
officer, agent or employee responsible for the accuracy of the Application.
3. If a Public Utility (or municipal department), the federal identification number of
the entity. All others must in addition specify their FCC license number and submit
evidence of certification by the DTE.
4. A general description of Applicant's Existing Overhead or Underground Facilities
within the Town that it is using to provide service and the service that it is currently
providing.
5. A detailed description of the service that Applicant or Co-Locator intends to offer
or provide to persons, firms, businesses or institutions within the Town and
whether the use of the Facility to provide the service will constitute a Public Utility
Use.
6. A detailed description of the Underground or Overhead Facilities Applicant or
Co-Locator intends to use or construct, their useful life and full dimensions of the
proposed Facility including but not limited to the following: height of Poles, number
of wires and their diameter, height of wires above the Right-of-Way, voltage of
electric transmission lines, diameter of mains and conduits.
7. Maps or plans showing the exact location of the Existing or proposed New
Facility in the Right-of-Way using engineering metes and bounds, street names
and intersecting street names. Show a north arrow.
8. A statement as to whether New Facilities will be built or Existing Facilities will
be used and who is the Applicant with respect to such Facility.
9. In the case of a Co-Locator seeking a Permit for an Attachment to a Facility the
Applicant of which is exempt in whole or part from the obligation to make a License
Rental Payment for the Facility as provided herein, if any, such application shall
be made jointly by Applicant and Co-Locator. Each must sign the application and
Applicant must acknowledge in a writing in form and substance satisfactory to the
Town, its obligation to pay the amount, if any, as a License Rental Payment due
the Town in respect of such Attachment.
10. The names of Co-Locators who share or will share the Facility. Applicants must
provide evidence that Co-Locators have received their own Right-of-Way Permit
and identify all pending Co-Locator Applications.
11. Evidence that Applicant or Co-Locator has obtained all other governmental
approvals and permits needed to use Existing Facilities and to offer or provide
services.
B. Petitions for Grants of Location
Applicants or Co-Locators that are Public Utilities and that are seeking a Grant of
Location as part of the Right-of-Way Permit shall also provide the following
information as part of the application:
1. A statement as to the purpose for constructing the New Facility or make an
Attachment to an Existing Facility.
2. A list of abutters' names and addresses.
3. The kind, size and tested strength of supporting or service wires for Poles.
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4. The maximum voltage that will be transmitted over wires and the maximum cubic
feet of gas that will be transported through mains.
5. The size and pressure of gas mains and what the main is made of.
6. A list of all posts, Poles or other supports of wires included in the Grant of
Location.
7. The number of cross arms in use with each Pole and the number of wires that
are already attached thereto and the number of wires that are proposed.
8. The location of conduits and manholes in relation to the' Existing Underground
Facilities and proposed New Underground Facilities.
C. Applicants for New Facilities Must Submit Additional Information.
If New Facilities are to be constructed, Applicant must submit the following
additional information as part of the Application:
1. Preliminary engineering plans, specifications and a Site Plan of the facilities to
be located within the Right-of-Way at a scale of one inch equals forty (40) feet
which shall show (i) all property lines, (ii) the exact location of the proposed New
Facilities, and (iii) Existing Facilities, streets, landscape features, residential
dwellings, and all buildings located within five hundred feet (500') of the New
Facility prepared by a Registered Professional Engineer or other qualified
professional.
2. A network map showing the location and route of the New Facilities
superimposed on the Public Ways of the Town on a scale of one inch equals one
hundred feet (100') prepared by a Registered Professional Engineer or other
qualified professional.
3. The location of all Existing Facilities of Applicant and any Co-Locator located
along the proposed route.
4. The specific trees, structures, improvements, facilities and obstructions, if any,
that Applicant proposes to temporarily or permanently remove or relocate.
5. Evidence as to what, if any, Excess Capacity is available for Attachments to
Existing Facilities located along the proposed route with a specification of how
much Excess Capacity will exist after the installation of the New Facility. If co-
location is not proposed, an affidavit attesting to the fact that Applicant made
diligent but unsuccessful efforts to obtain permission to install or co-locate New
Facilities on Existing Facilities, the reason for the denial of co-location' and whether
an appeal to the DTE has been adjudicated.
6. If New Facilities are to be constructed, the Excess Capacity that will exist in or
on them after their installation and use by the Applicant and any identified Co-
Locator.
7. The useful life of the Proposed Facility or Attachment
8. Information as to the type and frequency of any Telecommunications Equipment
that will be installed.
9. A preliminary construction schedule and completion date.
10. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating Applicant's financial ability to construct,
operate, maintain, relocate and remove the proposed Facilities.
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11. Information in sufficient detail to establish Applicant's technical qualifications,
experience and expertise regarding the Facilities to be constructed and operated.
12. Evidence that Applicant has obtained all other governmental approvals and
Permits needed to construct the New Facilities, including but not limited to any
necessary Street Opening Permits.
13. The name of the Licensed Contractor who will perform the construction work
or a copy of the Public Works Construction License that Applicant has obtained
from the Town.
14. An Application Fee.
I5. A Certificate of Insurance in coverages as specified in Section VI-J of this By-
Law.
16. Such other and further information related to the construction and use of a
Facility as may be reasonably required by the Awarding Authority in its form
Application.
VI. Application Procedure
Upon receipt of a completed and signed Application, it will be forwarded to the
Highway Superintendent, Planning Board and the Inspector of Wires for review.
The Highway Superintendent, Planning. Board and Inspector of Wires 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.
If the Application involves the construction of New Facilities, the modification of
Existing Facilities or a program of Attachments the total construction cost of any of
the foregoing is estimated to exceed one million dollars, the Town and Applicant
may enter into an agreement for the Applicant to reimburse the Town for the
reasonable cost of engineering review by the Town's consultant of the plans
submitted. In such a case, Applicants shall submit a deposit to secure the cost of
this review which will be held in a segregated account in accordance with C. 44
section 53G of the Mass. General Laws.
If the Right-of-Way Application includes a Petition of the Applicant for a Grant of
Location, the Awarding Authority shall promptly schedule a public hearing and, if
required by statute, publish a public notice of the hearing. Owners of property
abutting the property on which the New Facility is proposed will be notified by the
Town at least fourteen days prior to the public hearing and given the opportunity
to speak at the public hearing and present evidence.
The Awarding Authority shall review the Application, any evidence presented at a
Grant of Location public hearing and the recommendations received from the
Highway Superintendent, Planning Board and Inspector of Wires and make a
prompt determination on the Application taking into account the recommendations
received, testimony and evidence presented if any, and such other facts as it may
reasonably consider such as:
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A. The likelihood that the New Facility will incommode the public use of public ways
or endanger or interrupt navigation.
B. The financial and technical ability of the Applicant or Co-Locator to construct
New Facilities or to use the Right-of-Way.
C. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate the proposed New Facilities, modifications or Attachments.
D. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate additional New Facilities if the Permit is granted.
E. Potential damage or disruption (including Measurable Interference with
Telecommunications Services) to Existing Facilities, or public property if the Permit
is granted.
F. The effect, if any, on public health, safety and welfare if the Permit is granted.
G. The availability of alternate routes and/or locations for the proposed New
Facilities.
H. Applicable federal and state laws and Town by-laws which might prohibit or
affect the Permit if granted.
If the Application is considered favorably, a Right-of-Way Permit containing such
conditions and supplemental instructions regarding the location and installation of
Facilities as the Awarding Authority reasonably deems appropriate shall promptly
be issued upon the satisfaction of any conditions precedent, which the Awarding
Authority may establish. If the Application is not favorably considered, the
Awarding Authority shall communicate in writing to Applicant of Co-Locator the
reasons its Application was not favorably considered.
If a Grant of Location has been requested as part of the Application for a Right-of-
Way Permit and the Application has been considered favorably, the Right-of-Way
Permit shall also constitute an Order Granting the Location. The Grant of Location
will specify where the New Facility or Attachment may be placed, and (with the
exception of Grants of Location for Transmission Lines) the kind of Poles, piers or
abutments which may be used, the number of wires or cables which may be
attached thereto, the height to which the wires or cables may run and the maximum
voltage between conductors to be carried through same. Grants of Locations for
Poles are limited to one Pole per Location. The Grant of Location may contain such
other conditions and supplemental instructions as the Awarding Authority
reasonably deems appropriate.
VII. Terms Of The Right-Of-Way Permit
A. Conditions of Permit.
All Right-of-Way Permits granted are conditioned upon 1) the Applicant having
obtained and submitted to the Awarding Authority, prior to construction and
installation of its New Facilities, a Bond as required in sub-section (K)(2) hereafter,
and 2) the execution and delivery of a Town of Canton Right-of-Way License
Agreement substantially in the form set forth below and otherwise in form and
substance satisfactory to the Awarding Authority.
160