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Chapter 9.3 Street Opening Permits

Adopted February 24, 1975

I.      Authority :

These rules and regulations are adopted and promulgated in accordance with the requirements of the Town of Holden By-Laws, Section 8, and the authority granted by Massachusetts General Laws, Chapter 83, Section 8, as amended, Chapter 84, Section 15, as amended and others.

II.     General Requirements

A.      Permit:         A permit must be acquired, as herein required, prior to commencement, governed by these rules.

B.      Fees:   A fee of $5.00 shall be required of each applicant

C.      Insurance:      The applicant shall be required to post with the Town Manager a certificate of insurance from an insurance company licensed to do business within the Commonwealth of Massachusetts showing that he carries public liability insurance in an amount of not less than $100,000 for injury or death of one person and $300,000 for injury or death of more than one person and for damage to property in an amount of not less than $25,000.  The representative signing the certificate shall furnish evidence that he is authorized to sign as well as his address and the name and address of the agency or agencies through which the insurance is obtained.  The certificate shall also indicate that the required insurance is in force and stating that the policies will not be materially changed or canceled without ten days advance notice by registered mail to the Town Manager.

D.      Inspections:    Upon completion of work performed under this permit, the permittee shall call the Town of Holden Department of Public Works for an inspection.  Inspections shall normally only be performed during the course of the normal Town work week.

E.      Closing of Public Ways: No public way shall be closed in the exercise of a permit granted in accordance with these rules and regulations until permission is granted by the  Town Manager, or his designee, and after notice of such closing has been given and approved by the Chief of  Police, Chief of the Fire Department, Director of Public Works, or their designees, and the public has been afforded adequate public notice as shall be determined necessary by the Town Manager.

F.      Restoration of Public Ways:     Any public way, disturbed in the pursuance of activities permitted by these rules and regulations, shall be restored at the cost of the permittee, to a condition of original state and in accordance with the requirements of the Department of Public Works or any of the Department's divisions.

III.    New Streets

A.      Subdivisions

1.      Subdivision Regulations:        All streets permitted under this section shall meet all the requirements of the Subdivision Control Regulations prerequisite to acceptance as a public street.

2.      Zoning By-Law:  All streets permitted under this section shall conform to Town of Holden Zoning By-Laws in effect on the date of issuance of the permit.

3.      Permit Requirement:     Prior to commencement of work on a street approved under the Subdivision Control Regulations, a permit must be obtained to enter such proposed street into an existing public street.  In addition to other requirements contained in this section, the applicant must agree to apply for approval, without charge, for each driveway to be entered into said "new street" in accordance with the provisions contained in Section IV as this section relates to entrance of driveways onto Town streets.

4.      Town Engineer Approval/Relation to Existing Streets:    The location of the street entrance shall in the opinion of the Town Engineer meet adequate sight distance that will ensure safe and convenient travel and will enter directly opposite another street or shall have a minimum offset of 125 feet between their center lines.

5.      Insurance:      The permittee shall provide insurance in the amounts and kinds required by Section II of these Rules and Regulations.

IV.     Driveways

A.      Definition:

A passage along which vehicles or animals may be driven designed primarily to serve the needs of the owner or occupant of the property on which the passage is located.

B.      Subdivision and Zoning Regulations or By-Laws :

1.      The Driveway shall meet all requirements of the Subdivision Control Regulations in force at the time of issuance of a permit provided by these rules and regulations.

2.      The petitioned driveway must also conform to the Zoning By-Law of the Town of Holden in effect at the  time of issuance of the permit allowed by these rules and regulations.

C.      General Requirements for Driveways  

1.      Dwellings:      Each dwelling building lot shall be provided with a driveway to a public street.

2.      Sight Distance: The location of the driveway entrance shall be in the opinion of the Town Engineer meet adequate sight distance that will ensure safe and convenient travel.

3.      Intersection At Curve: The driveway opening shall be located at least 30 feet from the point of curve of an intersection measured along the front lot line.

4.      Existing or Proposed Public Utility Structures: The driveway opening shall be at least 10 feet from any  existing or proposed structures located within the street right of way, re: drainage and utilities such as transformers, poles, hydrants, catchbasins, street lights, etc.

5.      Width of Driveway:      The driveway shall be at least 12 feet in width and not to exceed 24 feet in width.

6.      Street Signs Prohibited:        Standard street signs will not be permitted to designate driveways.

7.      Driveways for Other Than Single Family Dwellings: Specifications for a driveway entrance for all other uses other than for single family dwellings may be modified by the Board of Selectmen, after review and report by the Department of Public Works.

D.      Insurance:      The permittee shall provide insurance in the amounts and kinds required by Section II of these rules and regulations.

V.      Excavations Within Street Layout

A.      Permit: A permit is required, prior to commencement of work, for purpose of breaking up the ground or pavement in any public street, or erect thereon any staging for any building or to occupy any portion of the way for the purpose of erecting or repairing any building.

B.      Safety: The permittee shall take all necessary precautions to warn the public of any hazardous conditions and may at the discretion of the Town Manager be required to erect barriers, maintain lights and take other precautions for the security of travelers and other persons.  In addition, the permittee must provide, at the permittee's expense such police supervision as is deemed necessary by the Chief of Police for the purpose of protecting the public safety.

C.      Notice to Utilities:    No permit for excavation shall be issued under these rules and regulations until proof is provided that Public Utility companies have been provided notice as required by Massachusetts General Laws Chapter 82, Section 40, as amended.

D.      Performance Bond: The Permittee shall file a performance bond with a surety company as surety, or, at the election of the applicant, a deposit of money or negotiable securities, or a bank account, property assigned to the Town of Holden, in an amount determined by the Town Manager to be sufficient to cover the cost of all or any part of the construction of such street excavation, or the erection, repairing of any building thereon.

E.      Insurance:      The permittee shall provide insurance in the amounts and kinds required by Section II of these rules and regulations.  

Adopted         February 24, 1975  
Amended         November 21, 1983

Town of Holden 1204 Main Street, MA 01520
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