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 Westfield
 Code of Ordinances
 Chapter 16. STREETS AND SIDEWALKS
 Article I. IN GENERAL

  § 16-20. Trenching.  

Latest version.

  • (a)

    Pursuant to the provisions of M.G.L. c. 82A, the city hereby adopts and incorporates by reference the regulations of the Division of Occupational Safety as promulgated under 520 CMR 14.00 as same may be from time to time amended. The building inspector, for private property, and the director of public works, for work within the public right-of-way or public lands, shall serve as the permitting authorities and may promulgate additional regulations consistent with such state enactments.

    (b)

    If either the building inspector or the director of public works is notified of an unattended trench during a time in which a permit holder is unavailable, and the inspector or director determines that a police detail is required to make a trench safe for the protection of the general public, the permit holder shall be assessed and be responsible to the city for the cost of providing the police detail.

    (c)

    In the event that the city determines that a trench is unsafe, the building inspector or director of public works may take such action to backfill, barricade or cover the trench and the permit holder shall be assessed the costs associated with the action, including any overtime costs associated with the action, including any overtime costs for the building or department of public works employees or the city-authorized contractors.

    (d)

    Whenever the permit holder is making multiple trenches over the course of a single project, the city may choose to issue a blanket permit allowing the permit holder to add to the list of trench locations as the permit holder becomes aware that a trench is required. The permit holder shall advise the inspector and/or director of the addition of each new trench.

    (e)

    The city shall charge a fee of $50.00 to recover the city's administrative costs incurred in permit processing; but a gas company, as defined in section 1 of chapter 164 or any corporation that is subject to the provisions of chapter 165, 166 or 166A which has already paid a fee in order to attain a permit to excavate a public way in the City of Westfield shall not be responsible for paying an additional fee for the same excavation.

    (f)

    If any of the foregoing provisions are held to be invalid such invalidity shall not affect the validity of any remaining provision.

(Ord. No. 1496, 3-19-09)