ARTICLE XVI

MISCELLANEOUS

Section 1. Filling Vacancies in Non-Elective Positions 16-1

Section 2. Building By-Law Board of Appeals This by-law was rendered inapt due to the adoption of the state building code superseding all local codes, It was "disallowed" by the Attorney-General when submitted following the ATM 1992 recodification vote.

Section 3. Soil Removal 16-3 Pursuant to the provisions of M.G.L., Chapter 40, Section 21 (17), as amended, no soil, loam, sand, or gravel shall be removed from any land not in public use in the Town of Canton, except as otherwise provided in Section X of the Canton Zoning By-Law.

Section 4. Trailer By-Law 16-4 For the prevention of fire and the preservation of life, health and morals, the location, use, parking, storage, and occupancy of trailers in the Town of Canton is hereby regulated pursuant to the provisions of M.G.L., Chapter 143, as amended.

Definition: In this By-Law, the term "trailer" shall mean any of the various types of vehicles which depend for mobility on an attached vehicle or other propelling apparatus, and which are used, or may be used for human habitation or for business purposes, but excluding vehicles used only for the transportation of materials, products, or animals. Any trailer which, by removal of wheels, by anchoring to a foundation, by incorporation into a fixed structure, or otherwise has it s mobility reduced, shall, nevertheless, be considered as a "trailer" within the scope of this By-Law.

16-1 Inserted under article 40, ATM 1964. Section 1 deleted in its entirety under article 24, ATM May 8, 2002. 16-3 Inserted under article 11, STM May 23, 1966. 16-4 Inserted under article 17, ATM 1957. 87

Special Regulation: No person shall park, store, occupy or use a trailer for living or business purposes except:

1. In an approved trailer park.

2. In a garage or other accessory building, or in the real half of a lot owned or occupied by the owner of the trailer (if placed so as to conform to the yard requirements of the Zoning By-Laws for main buildings in the same district), but its use for business and/or living purposes is prohibited, except that the Board of Appeals may subject to reasonable conditions and safeguards, authorize: a. The use of a trailer as a temporary office incidental to construction on or development of the premises on which located. b. The temporary use of a trailer for living purposes owner of the lot on which located for a period not exceeding three (3) months, provided that such authorization shall not be renewed or extended to exceed a total of twelve (12) months in any case.

3. The owner of a lot may permit occupancy of such lot by non paying guests using a trailer for living purposes for a period not exceeding one (1) month in any calendar year. A permit for this purpose must be obtained from the Building Inspector before the land can be so occupied.

Zoning and Other By-Laws: No provision of the Zoning By-Laws or any other legal statutes, by-laws, or regulations pertaining to the location, use or construction of, buildings shall be nullified by the provisions hereof.

Section 5. Disposition of Tax Title Property (a) Prior to disposition of any property held by the Town under tax title, either by assignment of such tax title or sale, (except to allow redemption as provided by law), the Town Treasurer or Tax Collector, as the case may be, shall submit a written report to the Finance Committee, Conservation Commission and the Planning Board, indicating the land area, location and general description of the property in question, the amount of back taxes owing, the name and address of the record owner, and the proposed disposition.

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(b) Within forty-five days after receipt of said report, the Finance Committee, Conservation Commission and Planning Board shall determine whether the best interests of the Town will be served by (a) Assignment of the Town's tax title; (b) Sale of the property at public auction; or (c) Retention of the property by the Town, through foreclosure of its tax title. The Finance Committee, Conservation Commission and Planning Board shall make their recommendations in writing to the Town Treasurer.

(c) Upon receipt of said reports, or at the expiration of said 45 days, the Treasurer or Tax Collector may dispose of such property in accordance with the provisions of M.G.L., Chapter 60, as amended.

Section 6. Council on Aging 16-6 (a) Appointment, Powers - The Select Board shall appoint a Council on Aging for the purpose of coordinating or carrying out programs designed to meet the problems of the aging in cooperation with programs of the Commission on Aging established under Chapter 6, Section 73 of the General Laws.

(b) Composition - The Select Board shall appoint the Council on Aging consisting of seven (7) members. Upon acceptance of this by law, the Board shall appoint three (3) members for three (3) year terms, two (2) members for two (2) year terms and two (2) members for one (1) year terms. Members can be re-appointed for concurrent terms. The members of the Council shall serve without pay.

(c) Vacancies - Whenever a vacancy shall occur in the membership of the Council, by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Select Board for the remainder of the term.

(d) Organization - The Council on Aging at its first annual meeting and thereafter, annually in April of each year, shall elect from its membership a President, 1st Vice President, 2nd Vice President, Secretary and Treasurer. Each officer shall hold office until the next annual election. In the event a vacancy occurs in any of the offices above, the Council shall hold a special meeting for the purpose of electing one of its members to fill such vacancy.

(e) Annual Report - The Council shall prepare and submit an annual report of its activities to the Town and shall send a copy thereof to the Commission on Aging.

Section 6A. Beautification Committee 16-6A There shall be a Beautification Committee consisting of five members appointed by the Select Board for overlapping terms of three years. Preference in

16-6 Inserted under article 2, STM October 19, 1970. 16-6A Inserted under article 23, ATM 1974. 89

appointments shall be given to persons having interest in the fields of landscape architecture, horticulture, engineering, architecture, planning and art or other fields germane to the function of the Committee.

The committee shall serve as advisors to the Select Board and other Boards, departments and commissions of the Town in matters relating to aesthetics, recommend plans for public buildings and other public areas and may undertake direction of projects as authorized by the Select Board.

The Committee shall be authorized to accept and use donations from private sources for said projects and that a detailed accounting of the fund be presented to the Finance Committee on a semi annual basis and furthermore shall be published in the Town Report.

Section 7. Private and Public Dumping Grounds Inserted under article 46, ATM 1979. This section was "disallowed" by the Attorney-General when submitted following the ATM 1992 recodification vote.

Section 7A. Capital Planning Committee 16-7A (a) Establishment, Scope - There shall be a Capital Planning Committee (also referred to as the “CPC”, or hereinafter referred to as the “Committee”) which shall consider requests for Capital Expenditures as herein defined to be made by the Town, and which shall be responsible for Capital Planning on a continuing basis.

(b) Composition - The Committee shall consist of seven (7) members who shall be registered voters of this Town.

(c) Mode of Appointment, Term of Office, Vacancies – Members of the Committee shall be appointed by the Town Moderator for a term of three (3) years so arranged that the terms of office of no more than three (3) members should expire each year. The Town Moderator for the balance of the unexpired term shall fill vacancies in membership.

16-7A Inserted under article 18, ATM 1977. Section 16-7A was deleted in its entirety and a new section 7A inserted under article 22, ATM April 28, 2003 and amended under article 32, ATM 2011. 90

(d) Restrictions on Appointments - No person shall be eligible for appointment to the Committee; (1) who is a full-time employee of the Town; (2) where such appointment would cause two (2) persons to serve simultaneously who are members, or representatives of the same Town agency; (3) for a fourth consecutive three year term, or having been appointed to fill an unexpired term, for a third consecutive three year term where such appointment would result in consecutive service of more than ten (10) years. A member of the Committee who removes from the Town, or, who accepts a full-time Town position, which would render them ineligible to serve, shall cease to be a member of said Committee.

(e) Submissions by Town Agencies and Citizen Petitioners – Annually, every Town agency and citizen petitioners shall file with the Committee, not later than December 31, a compilation of proposed Capital Expenditures which it anticipates will be made by or for it during the five (5) fiscal years next following said filing. The submitted report shall be made on forms provided by the Committee. The provisions of this section shall include the School Committee but shall not be construed to conflict with or supersede the provisions of M.G.L., Chapter 71,

Section 34.

For each town meeting, the Committee shall receive a list of citizen-initiated petitions that will require the expenditure of capital funds in order to fulfill the intent of the petition.

(f) Definition of Capital Expenditures - For the purpose of this By-Law the term "Capital Expenditure" shall include Cash Capital or Debt Capital-related expenditures for purchases of items, programs, services or projects which may include salaries and benefit costs and which:

CASH CAPITAL:

1. Have a total cost of at least Five Thousand Dollars ($5,000) for: (1) a single-item purchase or service; (2) multiple common-item purchases that are bundled under an umbrella contract with a single vendor; (3) bundled purchases that are based on need; or, (4) bundled components of a project, program or service; or,

2. Have a total cost of at least Five Thousand Dollars ($5,000) for individual vehicles and/or equipment, when it is determined that this is the most appropriate method of funding the acquisition.

3. The foregoing 1 or 2 shall, when practicable, have a useful life of at least three (3) years.

DEBT CAPITAL:

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1. Have a total cost of at least Fifty Thousand Dollars ($50,000) for: (1) a single-item purchase or service; (2) multiple common-item purchases that are bundled under an umbrella contract with a single vendor; (3) bundled purchases that are based on need; or, (4) bundled components of a project, program or service; or,

2. Have a total cost of at least Fifty Thousand Dollars ($50,000) for individual vehicles and/or equipment, when it is determined that this is the most appropriate method of funding the acquisition.

3. The foregoing 1 and 2 must have a useful life of at least five (5) years.

4. Must comply with laws and/or regulations governing borrowing of funds.

(g) Responsibilities - The Committee shall consider the relative need, timing and cost of each Capital Expenditure, which is proposed, including methods of financing, any Federal or State aid, the cost of maintaining any facility or equipment, and the effect each Capital Expenditure may have on the financial condition of the Town. The Committee shall conduct due diligence reviews of major building, land improvement and/or infrastructure-related capital requests in order to fulfill its review responsibility.

The Committee shall review and evaluate citizen-initiated petitions that involve the proposed expenditure of capital-related funds.

The Committee may make such examinations, hold public hearings, and may, with the approval of the sponsoring agency, call upon any Town agency for assistance as it may deem to be necessary or desirable in the furtherance of it responsibilities.

The Committee shall ensure that any Debt Capital Expenditure recommendations it makes comply with Finance Director-issued bond management program requirements.

The Committee, working in conjunction with the sponsoring agencies, shall prepare and issue Capital Expenditure Classification Guidelines, which can be amended from time-to-time, to facilitate selection of Cash Capital and/or Debt Capital Expenditures that could fall under the bundled purchases Capital Expenditure criterion.

The Committee shall work with the sponsoring agencies, Finance Director and others as part of a continuous improvement effort to ensure that Capital Planning within the Town stays abreast with the changing needs of the community.

(h) Report and Recommendations – Annually, the Committee shall prepare a balanced five-year capital plan, which shall be submitted to the annual town meeting for the purpose of information and guidance. Annually, the Committee shall also prepare a balanced one-year capital plan, which will be acted upon at the annual town meeting, as part of the Warrant deliberation. 92

Annually, the Committee shall submit balanced one-year and five-year plans to the Finance Committee not later than March 1st. The one-year balanced plan will recommend to the Finance Committee those Capital Expenditure proposals that the Committee believes should be approved by the ensuing annual town meeting and the method (Cash Capital or Debt Capital) of financing same.

Both the balanced one-year and five-year Capital Expenditure plans, as prepared by the Committee shall be included as an appendix, in the report of the Finance Committee to be distributed as provided in Article VII, Section 8, Town of Canton By-Laws.

The Committee prepared capital plan shall include: (1) a concise summary of its contents; (2) a listing of Capital Expenditures proposed to be undertaken in the five fiscal years next ensuing; (3) cost estimates and (4) method of financing (Cash Capital or Debt Capital).

(i) Transition Provision – Adoption of this By-Law revision by the annual town meeting will immediately govern the operation of the Committee.

Section 8. Poll Hours 16-8 The polls for all federal, state and town elections shall be opened at seven o'clock AM and shall not be closed before eight o'clock PM.

Section 9. Regulating Smoking 16-9

This by-law amendment is promulgated under the authority granted to the Town pursuant to the provisions of Section six of Article 89 of the amendments to the Constitution of the Commonwealth and every other enabling authority as may be. “Smoking is prohibited in all workplaces, restaurants, bars, and all enclosed or public places within the Town of Canton except as may be authorized in section F of this by-law.

A. Statement of Purpose: Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter ETS], which includes both exhaled smoke and the side stream smoke from burning cigarettes and cigars, causes the death of 53,000 Americans each year; and whereas in 2000, the Public Health Service's National Toxicology Program listed environmental tobacco smoke as a known human carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997), now,

16-8 Inserted under article 102, ATM 1980. 16-9 Inserted under article 16, ATM 1994 and amended under article 39, ATM May 1, 2002. Section 9 replaced in its entirety under article 35, ATM May 5, 2004. 93

therefore, the voters of the Town of Canton in town meeting assembled, recognize the fight of those who wish to breathe smoke free air and establishes this bylaw to protect and improve the public health and welfare by prohibiting smoking in public places.

B. Authority: This bylaw amendment is promulgated under the authority granted to the town pursuant to the provisions of Section six of Article 89 of the amendments to the State Constitution and every other enabling authority as may be.

C. Definitions: For the purposes of this bylaw, the following words shall have the meanings respectively ascribed to them by this paragraph:

Board: The Board of Health of the Town of Canton

Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Employee: Any person who performs services for an employer with or without compensation.

Employer: A person, business agent, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Canton, or any agency thereof, which utilizes the services of one (1) or more employees.

Enclosed Space: A space bounded by walls (with or without windows) and enclosed by doors, including, but not limited to, offices, rooms and halls. The term is intended to also include more than just rooms within a building or any other fully enclosed space and includes any area which has one or more sides or a roof or the exterior portion of a building which is covered by a roof (e.g, an entry or egress to the building) or places which provide screening from the wind by having one or more walls (e.g. a bus stop); the term is further intended to include vehicles owned by the Town and vehicles used in public transportation and the waiting areas adjacent to or in places where public transportation is provided.

Person: Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the business agents or designees of any of the foregoing.

Public Place: Any building or facility owned, leased, operated or occupied by the municipality, including school buildings or grounds; any area open to the general public including, but not limited to, libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, stores, shopping malls, public restrooms, lobbies, 94

staircases, halls, exits, entrances, elevators accessible to the public, licensed child-care locations and bars.

Public Transportation: Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the Town of Canton including indoor platforms by which such means of transportation may be accessed.

Retail Tobacco Store: Any establishment whose primary purpose is to sell or offer for sale tobacco products and tobacco paraphernalia, in which the sale of other products is clearly incidental and neither possesses nor is required to possess a retail food permit.

Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.

Town: The Town of Canton

D. Smoking Prohibited: Smoking is prohibited in all workplaces, restaurants, bars, and all enclosed or public places within the Town of Canton except as may be authorized in section F of this bylaw.

E. Posting Notice of Prohibition: Every person having control of premises upon which smoking is prohibited by and under the authority of this bylaw shall conspicuously display upon the premises "No Smoking" signs using a clearly readable font with at least 2-inch highly contrasted lettering, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it at least 6 inches in diameter).

F. Exceptions: • Notwithstanding the provisions of Paragraph D of this bylaw, smoking may be permitted in the following places and/or circumstances:

1. Private residences, except those portions used as a childcare or health care office when operating as such,

2. Retail tobacco stores where the owner or manager ensures that persons under the age of eighteen (18) may never enter the premises at any time, and where the owner or manager conspicuously posts signs, acceptable to the Board, at the entrance(s) stating that persons under the age of eighteen (18) are prohibited from entering the premises and stating further that environmental tobacco smoke is hazardous to health;

G. Conflict with Other Laws or Regulations: Notwithstanding the provisions of the foregoing Paragraph F of this regulation, nothing in this regulation shall be deemed to amend, repeal or override applicable 95

fire, health or other regulations or statutes so as to permit smoking in areas where it is prohibited by such fire, health or other regulations or statutes.

H. Violations: Any person, employer, and/or their employee or business agent, who violates any provision of this bylaw, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in MGL c 40, § 21D or by filing a criminal complaint at the appropriate venue. It shall be the responsibility of an employer, or their employee or business agent, to ensure compliance with all sections of this bylaw.

I. Penalties: Any person who violates any provision of this bylaw shall be subject to a fine of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense within one year of the date of the first offense and three hundred dollars ($300) for a third or subsequent offense within one year of the date of the first offense. Violations of this bylaw may be enforced in the manner provided in MGL c 40, § 21D.

J. Waivers: No waivers or exemptions shall be granted to this bylaw, except as provided under section F of this bylaw.

K. Enforcing Persons: Enforcement of this bylaw shall be conducted by the Canton Police Department, Canton Board of Health and its designees.

L. Severability: This bylaw is severable. If any paragraph or provision of this bylaw is found to be illegal, unenforceable, contrary to other superceding laws or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions.

M. Replacement: This bylaw shall replace, in its entirety, Canton By-law Article 16, section 9 as inserted in Article 39, the anti-smoking bylaw, approved by the 2002 Annual Town Meeting.

Section 10. Fire Alarm and Fire Protection Systems: Secured Key Access 16-10 Any building other than a residential building of less than six (6) units which has a fire alarm system or other fire protection system shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be of a type approved by the Chief of the Fire Department and shall be located and installed as approved by said Chief. Any building owner in violation of this by-law after receiving due notice from the Fire Chief shall be subject to a fine of Fifty 16-10 Inserted under article 21, ATM 1989. 96

Dollars ($50.00) per violation. This section may be enforced by the Fire Chief in the manner provided in section 21D of Chapter 40.

Section 11. Fees for the Sealing of Weighing and Measuring Devices 16-11

The fees for sealing weighing and measuring devices shall be as set by the Select Board pursuant to Chapter 40, Section 22F of the Massachusetts General Laws.

In case of metric system the nearest English equivalent shall apply.

16-11 Inserted under article 34, ATM 1986. Amended under article 25, ATM April 26, 2004. 97

Section 12. Street Openings 16-12

Subsection 1. Introduction From time to time, it is necessary to excavate in a Public Way in order, for example, to install, repair, or remove utilities or install or realign a driveway including the possible removal or re-alignment of curing and/or fencing. Excluded from the operation of this By-Law is the general reconstruction or repair of Public Ways by the municipal or state agency responsible for the maintenance and repair of such Public Ways. This Street Opening By-Law is necessary to protect the health and safety of all persons traveling on public ways and is adopted in accordance with the authority granted, inter alia, by Art. 89, section 6 of the Amendments to the Massachusetts Constitution, MGL Chapter 40, section 21, MGL Chapter 165 section 20, MGL Chapter 166 section 25 and MGL Chapter 166A.

Subsection 2. Definitions 1 ADA – The Americans with Disabilities Act of 1990, as amended (42 USC 12101-12213), and the Accessibility Guidelines for Buildings and Facilities (Appendix to Part 1191) of the U.S. Architectural and Transportation Barriers Compliance Board, as amended.

Applicant – Any Public Utility, municipal department, person or entity who owns or exercises general responsibility and control over: (i) utility or other pipes, ducts, lines or other thing buried in or under a Public Way, or (ii) real property abutting a Public Way, or (iii) real property served by the Public Way or by items of the type specified in (i) above and who wishes to perform Street Opening Work.

Application Fee – A non-refundable processing fee, as provided in the Fee Schedule which is appended hereto, shall accompany each application for a Street Opening Permit.

Architectural Access Board Regulations – The Rules and Regulations of the Architectural Access Board, Mass. Executive Office of Public Safety (521 CMR), as amended.

Awarding Authority – The Select Board of the Town of Canton is hereby granted the authority to exercise the powers granted by this By-Law.

Awarding Authority Representative – That municipal officer or employee to whom the Awarding Authority in a writing has delegated some of its powers hereunder so that the process of permit-granting, inspection, and administration will proceed expeditiously.

Cold Patch – A dense graded or open graded mix with cutback asphalt as the binder with 1% of the mix being hydrated lime based on the total weight of the

16-12 Inserted under article 38, ATM April 27, 1998. 1 Amended under article 19, ATM May 12, 2014. 98

aggregate. The mineral aggregates and bitumen shall be proportioned and combined to meet the limits specified in Table A, Subsection M 3.11.03 and M 3.11.04 of The Standard Specifications. Bituminous material shall be either cutback asphalt, Grade MC-250 or MC800 conforming to Section M3.02.0 of the Standard Specifications.

Compaction – Compressing of suitable material and gravel that has been used to backfill a trench by means of mechanical tamping to within 95% of maximum dry density as determined by the modified Proctor Test in accordance with ASTM 1557 method D.

Contractor – All officers or employees of Applicant performing Street Opening Work or any person or entity engaged by or on behalf of Applicant to perform Street Opening Work. The Contractor for purposes of this By-Law and for all questions of liability in connection with any Street Opening work shall be conclusively deemed agents of Applicant for whom Applicant is fully responsible.

Controlled Density Fill – Also called flowable fill, CDF is a mixture of portland cement, flyash, sand and water. It shall contain a minimum of 250 pounds of class F flyash or high air (25%) and will be self-leveling. It is hand-tool excavatable.

Default – The failure of the Permit Holder (including all Contractors or other agents of Permit Holder) to (i) comply fully with provisions of applicable laws and regulations, (ii) comply fully with all of the applicable provisions of this By-Law and the Street Opening Permit including written supplemental instructions, the municipality’s General By-Laws or other applicable law, and (ii) keep its Certificate of Insurance in full force and effect.

Department of Public Works – The municipal agency generally responsible for the repair and maintenance of Public Ways within the municipality.

Emergency Repair Work – Street Opening Work which must be commenced immediately to correct (i) a hazardous condition which could reasonably be expected to result in injury, loss of life, property damage or (ii) a condition which has resulted in the catastrophic failure of a utility transmission trunk line.

Gas Company – A Public Utility to which C. 164 section 70 of the MGL applies.

Infra-Red Process – That restorative procedure whereby an infra-red heater softens existing pavement to a depth of one and one half inches, the softened area is treated with a penetrating asphalt emulsion, uniformly scarified and raked to a workable condition, and the treated surface then compacted by use of a steel-wheeled roller for the purpose of creating a smooth driving surface consistent with adjacent pavement.

Licensed Contractor – A contractor who holds a current and valid Public Works Contractors Construction License issued by the Awarding Authority. 99

Newly Paved Road – A road that has been re-paved within the past five years.

Normal Working Hours – 7:30 am to 3:30 pm Monday through Friday excluding holidays.

Permit Holder – An applicant to whom a Street Opening Permit has been granted.

Permanent Patch – A final repair of Street Opening Work to be performed in accordance with this By-Law.

Permanent Patch Window – That period of time commencing twelve months after and up to eighteen months from the date of installation of the Temporary Patch.

Processed Gravel – Inert material that consists of hard, durable stone and coarse sand, free from loam and clay, surface coatings and deleterious materials and which meets MI 03.1 of The Standard Specifications.

Public Utility – Includes a Gas and Electric company as defined in MGL C. 164 section 1, telephone and telegraph company subject to Chapter 159 section 12, and cable TV companies or other telecommunication providers regulated by the Dept. of Telecommunications and Energy.

Public Way – Any road, including such appurtenances as berms, curbs, drains, sewers, water mains, sidewalks and paved and unpaved shoulders within the public right-of-way lay-out to which the public has access and the Town is responsible for maintaining. Also referred to as a street.

Public Works Contractors Construction License – A license required of all Contractors who are not officers or employees of a Public Utility or municipal department who wish to perform work including Street Opening Work on Public Ways.

Refundable Deposit – That amount of cash or money represented by a certified bank check deposited by Applicant with its Application to secure Applicant’s performance of Street Opening Work in accordance with this By-Law.

Standard Specifications – The Mass. Department of Public Work’s Standard Specifications for Highways and Bridges, latest edition.

Street Opening Permit – A permit granted by the Awarding Authority to an Applicant for permission to do Street Opening Work in a Public Way.

Street Opening Work – Any cutting, excavating, compacting, construction, repair or other disturbance in or under a Public way together with restoration of the Public Way in accordance with this By-law following such disturbance but 100

excluding the location or relocation of utility poles for which a grant of location has been obtained pursuant to MGL Chapter 166 section 27.

Temporary Patch – The application of either Cold Patch or two separate gradations of bituminous concrete consisting of binder and top layers and compaction to achieve a density equal to that of the surrounding pavement following excavation and compaction.

Winter Preparation Patch – The application of (a) a leveling course of hot mix asphalt applied by a paving machine not less than 2 feet on each side and ends of any Street Opening Work, or 8 feet wide, whichever is greater in width, along the entire length of the Street Opening Work, including but not limited to any trenches parallel to the street and any lateral trenches that cross the street as part of that project in preparation of a Spring curb-to-curb cold planing and paving job; (b) any of the patch styles listed in the second paragraph of Subsection 11.4 - Permanent Patches along all sides and each end of the Street Opening Work for the entire length of the of the Street Opening Work, including but not limited to any trenches parallel to the street and any and all lateral trenches that cross the street as part of that project; or (c) a combination of (a) and (b) above, as may be approved in advance by the Awarding Authority Representative.

Subsection 3. General No work (except the commencement of Emergency Repair Work in accordance with paragraph 7 hereof) in or under a Public Way shall commence until the Applicant shall have applied for in accordance with Paragraph 4, and obtained from the Awarding Authority, a Street Opening Permit. All work contemplated by this By-Law shall be done in a good and workmanlike manner using best engineering and construction practices and shall be done in accordance with (i) all applicable laws and regulations, (ii) all of the provisions of this By-Law, (iii) any conditions contained in the Street Opening Permit, and (iv) such reasonable supplemental instructions not inconsistent with the foregoing as the Awarding Authority or its Representative may from time to time issue. A Permit Holder shall cause to be restored those portions of a Public Way disturbed by the Permit Holder to as good a permanent condition, in the reasonable judgment of Awarding Authority or its Representative, as they were in when Permit Holder made application thereunder.

No person or entity may perform any work (including Street Opening Work or Emergency Repair Work) in or under a Public Way unless it is a Permit Holder and (i) is a municipal department or Public Utility or their respective officers or employees (ii) is the holder of a current and valid Public Works Contractors Construction License, or (iii) has engaged such a holder and such holder performs all such Street Opening Work or Emergency Repair Work as agent of Permit Holder.

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Subsection 4. Application Procedure The applicant shall file on forms designated by the Awarding Authority a completed and signed application at the office of the Awarding Authority (with a copy delivered simultaneously to the Department of Public Works) each time it desires to perform Street Opening Work. The application shall be accompanied by any and all plans, certifications, certificates of insurance and other items specified in the Application or reasonable requested by the Awarding Authority. If the Applicant does not intend to perform the Street Opening Work itself it must in the Application designate a Licensed Contractor to perform the work as its agent. The Application shall also be accompanies by the Application Fee and the Refundable Deposit.

The Department of Public Works shall promptly review the Application and make written recommendations concerning approval to the Awarding Authority and, if appropriate, shall include recommendations concerning permit conditions and supplemental instructions.

The Awarding Authority shall make a prompt determination on the Application taking into account the following and such other facts as it may reasonably consider:

1) the recommendation of the Department of Public Works 2) the reason for the Street Opening Work 3) whether the street is recently constructed or repaved 4) whether there are other reasonable means adequate to accomplish the purpose for which the Street Opening Permit is sought.

If the application is considered favorably, a Street Opening Permit containing such conditions and supplemental instructions as the Awarding Authority reasonable deems appropriate shall promptly issue. If the Application is not favorably considered, the Awarding Authority shall communicate in writing to Applicant the reasons its application was not favorably considered.

Subsection 5. Refundable Deposit and Account The Amount of the Refundable Deposit to secure proper restoration of a Public Way after Street Opening Work is determined in the reasonable judgment of the Awarding Authority based on the extent of the Work. (A current schedule of deposits for standard work is attached.)

Following notice given by Permit Holder that final permanent repairs to the Public Way have been completed, the Awarding Authority or Representative will make a final inspection. Once the Awarding Authority or Representative has concluded that permanent repair work has been satisfactorily completed and that Applicant has no other uncured defaults under Street Opening Permits, it shall release the unexpended balance of the deposit serving as security for the Street Opening Permit related to the inspected work.

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All Refundable Deposits that an Applicant submits for Street Opening Permits shall beheld by the Awarding Authority in one Account which shall be designated as the Applicant’s Refundable Deposit Accounts. Applicants upon request may receive periodic reports as to the balance standing within this account. Should a deposit associated with a specific permit be insufficient to secure the proper repair of a Public Way following a Default by the Permit Holder, the Awarding Authority without limitation to other remedies available to it can deduct the cost of the proper repair from Applicant’s Refundable Deposit Account for the purpose of funding the proper repairs. To the extent required by C. 164 of the General Laws applicable to Gas Companies, the provisions of this section and Section 6 hereafter shall not be applied to Gas Companies which in their application for Street Opening Permits claim the exemption set out herein.

Subsection 6. Fee and Deposit Changes; Municipal Exemption From time to time hereafter the Awarding Authority, after public notice and hearing, may amend the schedule of deposits, the application fee, the hourly after-hours inspection charges or any other amounts due under this By-law. A reasonable hourly charge for inspectional services which must be performed outside of Normal Working Hours in accordance with a posted schedule established by the Awarding Authority will be billed to Permit Holder and due and payable fifteen days after billing. In extraordinary situations where extensive installation or renewal of utility lines overburden the normal capacity of the municipal departments to conduct inspections, the Awarding Authority can, after notice to Permit Holder, or as a condition of the Permit, elect to treat all inspections as after-hours inspections and bill Permit Holder accordingly. Applicants which are municipal departments are exempt from payment of all fees and deposits hereunder. Public Utilities to the extent exempted as provided in Paragraph 5 above are exempt from payment of all fees except the Application Fee.

Subsection 7. Emergency Repair Procedure If the conditions for Emergency Repair Work exist, then an applicant after given oral, faxed or electronic notice to the Police and Department of Public Works may commence Street Opening Work. All such Emergency Repair Work shall be done in strict compliance with this By-Law except for compliance with any notice provision inconsistent with such emergency action.

On the business day following the commencement of Emergency Repair Work, the Applicant shall file with the Awarding Authority (i) a written statement setting forth in detail the facts and circumstances constituting the conditions for Emergency Repair Work, (ii) an Application for a Street Opening Permit covering the Street Opening Work already commenced in accordance with Paragraph IV, (iii) the filing fee and required Refundable Deposit. If all of the materials such as plans, etc, are not then available to Applicant, Applicant will supply them as soon as available. Awarding Authority will promptly process the Application and grant the Street Opening Permit with such conditions and supplemental instructions as it may reasonable require.

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Subsection 8. Insurance 16-12-8 The Permit Holder and/or each Licenses Contractor shall acquire and continuously maintain while it possesses any Street Opening Permits liability insurance coverage on all personnel and equipment to be used in the Street Opening Work which insurance is to be with companies licensed to do business in this commonwealth and shall contain the following coverages in such amounts as may from time to time may be promulgated for such purposes by the Select Board:

Commercial General Liability Insurance - including operation, independent contractors, complete operations for a period of one year from completing the street opening work, XCU hazards, broad form property damage and personal injury.

Automobile Liability Insurance - covering owned, non-owned and leased or otherwise hired vehicles.

Worker’s Compensation and Employer’s Liability Insurance

Subsection 9. Licensed Contractors Any Contractor or other person or entity that wishes to perform work on a Public Way and which is not either a municipality or a Public Utility (including their respective officers or employees) must be licensed by the Awarding Authority. Application for a Public Works Contractors Construction License must be made on a yearly basis. (See appropriate sections of the General By-Laws.)

Subsection 10. Terms of the Street Opening Permit

10.1 Term of Permit – All Street Opening Permits shall be valid for thirty days and, upon written request to the Awarding Authority, renewable for an additional thirty days. Permits must be present at the work site. Permits can be revoked by the Awarding Authority if the Applicant is in Default.

10.2 Inspections – Inspections may take place at the following events: a. prior to backfilling the trench b. following completion of Temporary Patch placement c. during the Permanent Patch Window d. following completion of Permanent Patch placement

Permit Holder or Contractor will notify Awarding Authority Representative when an inspection is desired and co-ordinate the timing of such inspection.

10.3 Working Hours – Except in emergency situations, Street Opening Work will occur during Normal Working Hours. The Permit Holder must give notice of the intended Street Opening Work seventy-two 16-12-8 As amended under article 47, ATM May 5, 1999 and amended under article 37, ATM May 1, 2002. 104

hours in advance to the Superintendent of Public Works, and, unless the requirement for a police detail is waived by the Police Chief of the municipality, must arrange for any pay for a police detail to be present throughout the period of time that Street Opening Work is being conducted.

10.4 Dig-Safe – The Permit Holder shall, in accordance with all current laws of the Commonwealth of Massachusetts, notify all Public Utilities seventy-two hours in advance of making any excavation in a street. Such notification shall be made by means of obtaining a DIG- SAFE number. Said number shall be provided on the Street Opening Permit application. The Permit shall not be issued until this information is provided.

10.5 Existing Utilities – Before starting any excavation, the Permit Holder or Contractor must confer with all Public Utilities to obtain information from each as to the horizontal and vertical locations of existing utilities and other conditions that may affect the excavation. The Permit Holder or Contractor shall not interfere with any existing utility without the written consent of the Awarding Authority Representative and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner and the cost of such work shall be done by the Permit Holder. The Permit Holder or Contractor shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

10.6 Protection of Existing Lines and Structures – The Permit Holder or Contractor shall adequately support and protect by timbers, sheeting, etc. all pipes, conduits, poles, wires, cables or other appurtenances which may be in any way affected by the excavation work and shall do everything necessary to support, sustain and protect them under, over, along or across such work area. The excavation work shall be performed and conducted in such a manner that it shall not interfere with access to fire stations, fire hydrants, water gates, underground vaults, catch basins or any other public structure.

10.7 Adjoining Property – The Permit Holder or Contractor shall, at all times and at its own expense, preserve and protect from injury any adjoining property by providing proper foundations and shall take such other precautions as may be necessary for this purpose. The Permit Holder or contractor shall at all times and at its own expense shore up and protect all buildings, walls, fences, trees and other property likely to be damaged during the progress of the Street Opening Work and shall be responsible for all damages to public or private property or streets resulting from its failure to properly protect and carry out said work. The Permit Holder or Contractor shall not 105

remove, even temporarily, any trees or shrubs which exist in planting strip areas without first obtaining the consent of the Superintendent of Public Works.

10.8 Damaged Trees – In the event a tree is either accidentally destroyed by the Permit Holder or Contractor or is authorized for removal by the Awarding Authority Representative, the Permit Holder or Contractor shall remove the tree, stump and debris from the work site, and replace the tree with an identical species with a minimum caliper of two inches in the identical location.

10.9 Pedestrian Crossings, Open Trenches – The Permit Holder or Contractor shall, where possible, maintain safe crossings for two lanes of vehicle traffic at all public intersections as well as safe crossings for pedestrians at intervals of not more than three hundred (300) feet. If any excavation is made across a Public Way, it shall be made in sections to assure maximum safe crossing for vehicles and pedestrians. An open trench may not exceed three hundred (300) feet unless specifically permitted by the Awarding Authority or its Representative. If the Public Way is not wide enough to hold the excavated material for temporary storage, the material shall be immediately removed from the location.

10.10 Traffic – The Permit Holder or Contractor shall take appropriate measures to assure that during the performance of the Street Opening Work, so far as practicable, normal traffic conditions shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the adjoining property and to the general public. The Awarding Authority Representative may permit the closing of streets and walks to all traffic for a period of time. Unless the requirement for a police detail is waived by the Police Chief of the municipality, the Permit Holder shall engage a police detail to maintain traffic control and public safety at the project site while Street Opening Work is in progress. Warning signs shall be placed a sufficient distance from the project site in order to alert all traffic coming from both directions. Cones or other approved devices shall be placed to channel traffic. Warning signs, lights and such other precautions shall conform to the Manual on Uniform Traffic Control Devices. Construction materials and equipment on the site shall be limited in quantity and in the space they occupy so that they do not unduly hinder and block traffic.

10.11 Gutters and Basins – The Permit Holder or Contractor shall keep all gutters free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. Catch basins shall be kept clear and serviceable.

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10.12 Excavated Material – The Permit Holder or Contractor shall remove all excess excavated material, surplus water, muck, silt, residue or other ran-off pumped or removed from excavations from the site.

10.13 Temporary Repairs – At the end of each day, all trenches must be plated if repair work is not completed and/or back-filled, compacted and temporarily patched on the day repair work is completed. No open un-plated trenches are permitted overnight and work in plated trenches must be continually prosecuted to completion to minimize the time trenches are plated.

10.14 Noise – The Permit Holder or Contractor shall perform the work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. During the hours from 10:00 p.m. to 7:00 a.m. the Permit Holder or Contractor shall not use, unless otherwise specifically permitted, in writing, by the Awarding Authority or Awarding Authority Representative any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

10.15 Debris and Litter – All debris and litter remaining from the Street Opening Work site shall be removed by the Permit Holder or Contractor in a timely manner.

10.16 Restoration of Pavement Markings – All permanent pavement Markings (crosswalks, center lines, fog lines) which are damaged during Street Opening Work shall be restored in kind by and at the expense of the Permit Holder.

10.17 Lawn Surfaces and Plantings – All lawn surfaces which are disturbed during Street Opening work shall be replaced with sod or six (6) inches of screened loam, lime, fertilized and re-seeded with good quality lawn seed. Any areas containing plantings shall be restored to their original condition with the same or similar plantings.

10.18 Erosion Control – The Permit Holder shall be responsible for all erosion control and for obtaining any necessary permits from the Conservation Commission. The Permit Holder or Contractor shall protect drainage structures from siltation by whatever means required including but not limited to the installation of hay bales and/or filter fabric. In the event that a drainage structure becomes damaged from siltation as a result of the Street Opening Work, the Permit Holder or Contractor shall clean the structure before completing the Temporary Patch.

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Subsection 11. Required Construction Techniques All Street Opening Work and materials used therein must conform to the most recently published edition of the Massachusetts Highway Department’s Standard Specifications for Highways and Bridges, with the federal OSHA requirements and with the American with Disabilities Act and the Architectural Access Board Regulations as then currently in effect. In addition, the following specific requirements also apply. Exceptions to these requirements may be made at the discretion of the Awarding Authority or Awarding Authority Representative at the time the Street Opening Work is in progress.

11.1 Excavation – Existing pavement shall be cut in neat, true lines along the area of the proposed excavation. Unstable pavement shall be removed over cave-outs and breaks and the sub grade treated as the main trench. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench. Cut-outs beyond the limits of the trench lines must be normal or aligned parallel to the center line of the trench. Excavations shall be made in open cut. Trenches and excavations shall be braced and sheathed in accordance with the requirements of the Occupational Safety and Health Act (OSHA). Sections of bituminous or cement concrete sidewalks shall be removed to the nearest scoreline or approved cut edge.

11.2 Back-Filling and Compaction – Excavations shall be filled with approved backfill. Approved backfill consists of either Controlled Density Fill, suitable excavated material or gravel meeting M 1.03.0 or M 1.03.1 of The Standard Specifications. The Permit Holder may select which of these three to use in the excavation. Suitable excavated material shall mean previously excavated granular material but which does not include blacktop, clay, silt, organic material, concrete, roots, boulders, or stones larger than four inches in diameter. If the hole is to be filled with suitable excavated material, a backfill course shall be placed in approximately twelve (12) inch lifts of maximum compaction to four inches below asphalt grade (See Diagrams 1, 2, and 3). A base course consisting of four inches of processed gravel or equivalent (i.e. suitable excavated material containing no stones larger than one and one half inch in diameter) shall then be placed on top of the backfill course. The backfill and base course shall be compacted to not less than ninety- five (95) percent of maximum dry density as determined by the modified Proctor Test in accordance with ASTM 1557 Method D. The Permit Holder if directed by the Awarding Authority or its Representative will retain at its expense, a professionally qualified geotechnical consultant to perform this test. The results of this test shall be given to the Superintendent of Public Works.

If Controlled Density Fill is used as back-fill material it must contain a minimum of 250 pounds of class F flyash or high air (25% plus) 108

and be self-leveling. It must be Type 1E or 2E (very flowable). Flowable fill is to be batched at a ready mix plant and is to be used at a high or very high slump (1-“-12”). In lieu of the slump test, a 6” long, 3” diameter tube may be filled to the top and then slowly raised. The diameter of the resulting “pancake” may be measured and the range of the diameter shall be 9” to 14”. It shall be flowable, require no vibration and after it is placed excavatable by hand tools and/or small machines. The ingredients shall comply with the following:

Portland cement AASHTO M85 Fly Ash AASHTO M 295 Class F Sand M 4.02.02 – ASTM C33 Air M 4.02.05

Type 1E and 2E must meet the following requirements:

Compressive 28 days 90 days Strength 30-80 psi 100psi ma. Slump 10-12 inches Air 1-30%

If Controlled Density Fill is used as back-fill material, it must fill the excavation to immediately below asphalt grade. The Contractor must then place the excavation with a heavy duty steel plate adequate to carry heavy traffic and wait twenty-four hours for the CDF to cure prior to applying the Permanent Patch.

If an excavation is back-filled with Controlled Density Fill in accordance with this By-Law, then a Temporary Patch need not be installed but a Permanent Patch may be installed immediately. Permanent Patches installed over Controlled Density Fill shall consist of four (4) inches of bituminous concrete applied in a two and one-half inch base course and a one and one-half inch top course of bituminous concrete all installed in accordance with this By-Law. If an excavation in a cement concrete Public Way is filled with Controlled Density Fill, then the provisions of paragraph 5(a) of this By-Law may be omitted, but the provisions of paragraph 5(b) and 5(c) must be complied with.

11.3 Temporary Patches 2 (a.) Bituminous Concrete Following proper compaction, a temporary Patch which shall be the thickness of the existing asphalt pavement or a minimum of four inches whichever is greater shall be applied. It shall consist of either Cold Patch or bituminous concrete plant-mixed hot asphalt aggregate. (See Diagrams) 2 Amended under article 19, ATM May 12, 2014. 109

(b.) Temporary Patch to be maintained for one year. A Temporary Patch that has been back-filled and Compacted shall be maintained by the Permit Holder or Contractor so that the patched surface and the surrounding area remain a single smooth unbroken plane for a period of time no shorter than one year after placement of the Temporary Patch. (c.) If any Street Opening Work, including but not limited to any trench that runs parallel to the roadway, that exceeds 30 feet in length cannot be fully completed with a Permanent Patch or curb-to-curb cold planing and paving before December 1st of that year because of scheduling or any other reason, including but not limited to a determination by the Awarding Authority or Awarding Authority Representative, then the Applicant/Permit Holder shall cause a Winter Preparation Patch, as defined by this By-Law, to be completed on such Street Opening Work prior to December 1st of that year. Any failure to so complete such Permanent Patch before December 1st of that year shall be a Default.

If said Winter Preparation Patch remains in good condition, and curb-to-curb cold planing and paving is not required as part of the project as determined by the Awarding Authority Representative, then the Applicant or Contractor may request the Awarding Authority Representative in writing that the Winter Patch be inspected and approved as the Permanent Patch and for a refund of the Refundable Deposit for the Street Opening Work. If the Street Opening Work does not pass Permanent Patch inspection, which the Awarding Authority Representative may inspect and may determine in such Awarding Authority Representative’s sole discretion, then the Permit Holder/Applicant must cause a Permanent Patch to be installed pursuant to Subsection 11 of this By-Law. If the Awarding Authority Representative, in the Awarding Authority Representative’s sole discretion, determines that the Street Opening Work passes the Awarding Authority Representative’s inspection of the Permanent Patch, then the Permit Holder/Applicant or Contractor may submit to the Awarding Authority Representative a written request for the return of the Refundable Deposit, which may be returned to the Applicant on the Finance Department’s regular schedule, provided that the Applicant/Permit Holder and Contractor are not in Default.

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11.4 Permanent Patches – Except when installed over Controlled Density Fill as described in paragraph 2 above, Permanent Patches shall be installed not less than twelve nor more than eighteen months from the date of installation of the Temporary Patch. Upon request by the Permit Holder or Contractor, the Awarding Authority Representative will inspect the Temporary Patch and determine if final settlement of the trench has occurred. The Awarding Authority Representative will notify the Permit Holder or Contractor within seven days of the inspection whether the Permanent Patch can be installed. Public Utilities or municipal departments may schedule Permanent Patches to replace all Temporary Patches then within the Permanent Patch Window without receiving prior approval from the Awarding Authority but must give the Awarding Authority and its Representative not less than seventy-two hours prior notice.

A Permanent Patch shall consist of one of the following: (a) cold planing the Temporary Patch to a depth of one and one-half inches and then installing a minimum of one and one-half inches of top course of bituminous concrete, or (b) the excavation of the Temporary Patch in a bituminous concrete Public Way and replacement of this material with any additional processed gravel needed and two and one half inches of base course and one and one-half inches of top course of bituminous concrete (See Diagrams 1 and 2) or (c) application of the Infra-Red Process to the Temporary Patch, or (d) the certification by the Awarding Authority Representative made during the Permanent Patch Window that the Temporary Patch in their reasonable judgment meets fully the standard of a Permanent Patch and thus requires no further work.

(a) Cold Planing – If the cold planing method is used, the area to be cold planed must extend at least twelve (12) inches beyond all sides of the existing Temporary Patch. (See Diagram 2) This area must be cold planed to a depth of one and one-half inches. Any broken or irregular edges of existing pavement shall be cut away in straight lines leaving a sound vertical face at least twelve (12) inches back from all edges of the existing pavement. The Permit Holder must provide a dust control system capable of complying with environmental air quality standards during cold planing and sweep the Public Way following completion of the cold planing work. All abutting edges of the existing pavement will be painted with an asphalt emulsion immediately prior to the placement of the Permanent Patch. The Permanent Patch will consist of the application of a top course of a minimum of one and one-half inches of bituminous concrete plant-mixed hot asphalt aggregate. After raking and rolling, the grade of the Permanent Patch shall match the existing bituminous surface of adjacent pavement. The finished 111

Permanent Patch shall be level having no depressions retaining water on any of the surface. All seams of the finished perimeter shall be sealed with penetrating asphalt emulsion.

(b) Excavation – Any Temporary Patch that has been patched with Cold patch must be excavated and replaced with a bituminous concrete base in accordance with this paragraph. If the excavation method is chosen and if additional cutting of the existing pavement is required, it shall be done in neat straight lines. Any broken or irregular edges of existing pavement shall be cut away in straight lines leaving a sound vertical face at least twelve (12) inches back from all edges of the existing pavement. (See Diagram 1 and 3). All abutting edges of the existing pavement shall be painted with an asphalt emulsion immediately prior to the placement of the Permanent Patch. The Permit Holder or Contractor shall remove and dispose of all excavated material and thoroughly compact the surface of the sub-base.

Following excavation the Permanent Patch shall consist of a bituminous concrete base and top laid and rolled in two (2) courses. The binder (base course) shall be a minimum of two and one half (2½) inches in depth and the top course shall be one and one half (1½) inches in depth.

The minimum total thickness of both courses, measured after rolling, shall be four (4) inches or equal to the material that was previously excavated. If after compaction, more than four inches of Permanent Patch is needed in order to restore the excavated area to finish grade, additional bituminous concrete shall be used in the base course. The base course shall be placed and carefully raked and thoroughly rolled to the required thickness. The top course shall be placed to a grade that will match the existing bituminous surface after rolling. All seams of the finished perimeter shall be sealed with penetrating asphalt emulsion. The finished Permanent Patch shall be level having no depressions retaining water on any of the surface.

(c) Infra-Red Process – If the Infra-Red Process is utilized to install the Permanent Patch, the area to be repaired shall be thoroughly cleaned to eliminate all potential contaminants. An infra-red heater shall be positioned over the area to be repaired for a period of time required to plasticize the existing pavement to a depth of one and 112

one half inches. Oxidation of the pavement caused by improper heating techniques must be avoided. If this condition occurs, all oxidized material must be removed and replaced with Class I bituminous concrete meeting the Standard Specifications of the Mass. Highway Dept.

The softened area shall be inwardly reworked from approximately one foot beyond all sides of the original Temporary Patch. This designated area shall be treated with a penetrating asphalt emulsion, uniformly scarified and raked to a workable condition. For street crossings and/or trenches with jogs, the reworked area will be extended beyond the outermost jog in a straight line parallel with the opposite outermost jog. Under no circumstances may the infra-red heat treatable patching mix that is used register a temperature under 200 degrees F.

After the paving mixture has been properly admixed and raked to grade, compacting shall be obtained by use of a steel-wheeled roller of sufficient weight to establish a uniform density comparable to that of the surrounding pavement surface within the work area. The finished Permanent Patch shall be level having no depressions retaining water on any of the surface. All seams of the finished perimeter shall be sealed with penetrating asphalt emulsion.

A petroleum resin sealant shall be applied consistently to the entire heated area by mechanical means or hand application at an approximate rate between .1 and .25 gallons per square yard. Actual rate will be determined on site by an approved absorption test method. A mineral filler will then be broadcast over the newly sealed area to absorb any excess liquid and prevent tracking and the area immediately opened to traffic.

(d) Certification – If a Permit Holder seeks to qualify a Temporary Patch as a Permanent Patch, it must make the application for inspection set out above and specify in it its request for certification. The Awarding Authority Representative will notify the Permit Holder within thirty days of the request whether the Temporary Patch has been certified as a Permanent Patch. If it is not so certified, the Permit Holder shall forthwith cause a Permanent Patch utilizing one of the three remaining methods set out above to be utilized.

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(e) Newly Paved Roads – On Newly Paved Roads, the Awarding Authority Representative may require in addition to the placement of the Permanent Patch, that the Permanent Patch shall be treated by a process (infra-red, microwave or equivalent) that will ensure that the Permanent Patch is integrated into the existing bituminous surface in a seamless manner.

(f) Final Inspection of Permanent Patch – Following completion of the Permanent Patch, the Permit Holder or Contractor shall give notice thereof to the Awarding Authority Representative who shall inspect the Permanent Patch. If the Awarding Authority Representative is satisfied that the road has been restored to as good a condition as existed prior to the Street Opening Work, he shall so note on the Street Opening Permit and any Refundable Deposit securing that Street Opening Work shall be refunded promptly to Applicant. If the Awarding Authority Representative determines that the Permit Holder is in Default, the Awarding Authority may proceed in accordance with Paragraph XIII, Remedies, of this By- Law.

11.5 Special Rules for Cement Concrete Roadways – Any excavation in a cement concrete Public Way or Public Way with a cement concrete base with a bituminous concrete surface shall be backfilled as described in paragraph 2 and Temporarily Patched as described in paragraph 3. Immediately prior to the installation of a Permanent Patch, the following shall be done: (a) the Temporary Patch and sufficient back-filled material shall be removed. (b) a six-inch reinforced concrete slab shall be Laid over the back- filled trench extending one (1) foot beyond all edges of the trench surface and allowing for four (4) inches of bituminous concrete to be installed above the slab. The slab shall have steel reinforcing for tensile strength in accordance with good engineering practices. The Permit Holder or Contractor shall install a temporary heavy duty steel place adequate to carry heavy traffic over the trench until the concrete slab shall, have adequately cured. (c) once the concrete slab shall have cured, there shall be installed four (4) inch layer of bituminous concrete applied in a two and one-half inch base course and a one and one-half inch top course all in accordance with Diagram 3 and generally in accordance with this By-Law.

11.6 Shoulders – Suitable excavated material shall be placed in layers not to exceed six (6) inches in depth and Compacted. Shoulders 114

shall be re-constructed to their existing condition and either loamed with six (6) inches of loam, limed, fertilized and seeded with roadside grass mix or covered with four (4) inches of wood chips as directed by the Awarding Authority Representative.

11.7 Sidewalks – Any excavation in a concrete or bituminous concrete sidewalk shall require that the entire sidewalk area containing the trench be replaced. Any concrete sidewalk section that is excavated or damaged by the excavation must be replaced in its entirety. Suitable excavated material or gravel shall be placed in layers not to exceed six (6) inches in depth and Compacted. All sidewalk areas will be installed by the Permit Holder or Contractor in conformance with the ADA and the Architectural Access Board Regulations currently in effect. Bituminous concrete sidewalks shall have two courses (two inches of binder and one inch of top) of bituminous concrete plant-mixed hot asphalt aggregate applied to an rolled to create a pavement surface consistent with the adjacent bituminous concrete surface. Concrete sidewalks shall have four inches of poured concrete applied to finish grade. The concrete shall be placed in alternate slabs 9 meters in length except as otherwise ordered. The slabs shall be separated by transverse pre- formed expansion joint filler 13 millimeters in thickness. Concrete driveway openings shall have six inches of poured concrete applied to finish grade. Pre-formed expansion joints will be installed against buildings, walls, steps, foundations or existing concrete block.

11.8 Curb and Berm – Any curbing or berm which is damaged or removed as part of the Street Opening Work shall be properly replaced in kind. The use of cast-in-place concrete curbing is prohibited. All salvageable granite curb that is removed from the Public Way and is excess is the property of the town and shall be delivered to the Department of Public Works by the Permit Holder or Contractor.

11.9 Wheelchair Ramps – Existing wheelchair ramps which are damaged or removed under Street Opening Work shall be reconstructed in kind and in conformance with the ADA and the Architectural Access Board Regulations that are currently in effect.

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11.10 Curb Cuts – Any curb cut within a Public Way cannot exceed the following dimensions unless specifically approved by the Awarding Authority Representative:

Single Family Dwelling 16 feet Multi-Family Dwelling 18 feet Two Family Dwelling 18 feet Commercial Property 24 feet

Driveway entrances into Public Ways must butt into and not overlap the edge of the existing roadway hardened surface. The driveway must be graded in such a manner that no ponding of water occurs within the Public way and in accordance with the Architectural Access Board Regulations. Driveways shall not be located on small radius curves and shall be positioned as to provide maximum sight distance and safety.

Subsection 12. Suspension and Revocation The Awarding Authority or Awarding Authority Representative, if it believes a Default has occurred, can suspend immediately for up to 21 days a Street Opening Permit by communicating such suspension to any of the Permit Holder, Licensed Contractor, or any of their respective representatives at the job site.

The Awarding Authority may revoke a Street Opening Permit granted hereunder after notice and hearing if it shall reasonable determine that a Default has occurred. Permit Holder shall be given not less than five days prior written notice of the time and place of the hearing and shall have the opportunity at the hearing to present evidence. Any person aggrieved by the decision of the Awarding Authority may appeal such decision to the appropriate court of competent jurisdiction or to the extend applicable law provides, to the Department of Telecommunications and Energy.

Subsection 13. Remedies If a Permit Holder or Licensed Contractor shall be in Default as defined herein, the Awarding Authority may:

1. Suspend or revoke the Street Opening Permit as provided in Subsection 12 above. If the Street Opening Work has commenced but is not completed at the time of a suspension or revocation, the Awarding Authority can order the Street Opening work to be completed by another Licensed Contractor the cost of which is paid for from the Permit Holders Refundable Deposit Account or by Permit Holder if the Refundable Deposit is insufficient or does not exist.

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2. Suspend or revoke the Licensed Contractor’s Public Works Construction License pursuant to the Public Works Construction By-Law.

3. Assert the Town’s legal remedies.

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STREET OPENING BY-LAW

FEE SCHEDULE

Application Fee – $50.00

Inspectional services after Normal Working Hours - $50.00 per hour

Nominal Schedule of Refundable Deposits for Street Opening Work in Public Ways:

To open to center of Public Way $300.00 each opening To open across the Public Way $600.00 each opening To open to center of state highway $1,500.00 each opening To open across a state highway $2,000.00 each opening To open trench in unpaved shoulder $10.00 per linear foot (parallel to street) To open trench in paved Public Way $25.00 per linear foot (parallel to street) Curb cut for a private driveway $200.00 Curb cut for a subdivision street $500.00

Newly Pave Roads (Infra-Red or equivalent) To center of Public Way $700.00 Across the Public Way $1,400.00

To open a sidewalk (includes 3 sq. yds.) Bituminous concrete sidewalk $300.00 Concrete sidewalk $600.00

To excavate a sidewalk (over 3 sq. yds.) Bituminous concrete sidewalk $15.00 per sq. yd. Concrete sidewalk $25.00 per sq. yd.

Note: The actual amount of each Refundable Deposit shall be reasonably determined by the Awarding Authority to be sufficient to secure Applicant’s performance under this By Law.

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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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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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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. 124

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. 126

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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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. 130

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. 132

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 135

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. 138

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 140

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. 141

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. 144

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. 145

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 146

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 147

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.

16-22 Inserted under article 39, ATM April 29, 2009. 148

(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. 149

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 150

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 153

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. 155

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. 157

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

B. Permit Term

Rights-of-Way Permits shall be valid for the period commencing on the date of filing of an Application and ending upon the Revocation of a Right-of-Way Permit. A Permit Holder desiring to continue to use the Facility after the expiration of the Permit Term shall not more than 180 days nor less than 90 days before expiration of the current Permit file an Application with the Town for a Permit as though the Existing Facility were a proposed New Facility. Each Co-Locator must also file for a new Permit.

C. Revocation of Permits.

Except to the extent that a Right-of-Way Permit also constitutes a statutory Grant of Location and current law limits the ability of the Awarding Authority to revoke a Grant of Location, the Awarding Authority during the Permit Term may revoke a Right-of-Way Permit granted hereunder after notice and hearing if it shall reasonably determine that (i) Permit Holder is in Default (ii) Permit Holder fails to construct the Facilities for which a Permit was granted within six months of the granting of the Permit (iii) Permit Holder has failed to relocate its Facility or Attachment to a new location within the designated time following an order from the Awarding Authority to relocate such Facility or Attachment or (iv) if the Awarding Authority" determines that public necessity and convenience requires the revocation of a Grant of Location held by a street railway. The Permit-Holder shall be given not less than ten days prior written notice of the time and place of the hearing on revocation and shall have the opportunity at the public hearing to present evidence.

D. Removal of Facilities.

Following revocation of the Permit or the expiration of the Permit Term without an application to continue to use the Facility unless then existing statutes shall require a different result and, if ordered by the Town, Permit Holder shall cease using the Right-of-Way. Permit Holder shall remove all of its Overhead and Underground Facilities from the Right-of-Way and restore the area to its original condition within six months following expiration or revocation of the Permit. In the event that the Permit Holder fails to remove its Facilities, the Awarding Authority may treat such as abandoned property and, among other remedies, remove the Facilities and restore the area at the owner's sole cost and expense.

E. Removal of Unauthorized Facilities.

The location of any Overhead or Underground Facility covered by a Right-of-Way Permit may be changed by order of the Awarding Authority if it determines in its reasonable discretion that public necessity, the incommoding of the public’s use of the public ways or public endangerment or interruption of navigation requires relocation of the Facility. Except for Emergency Repair Work, Applicant is required to notify all Co-Locators upon receiving an order to relocate the Facility from the 161

Awarding Authority. Applicant and all Co-Locators shall, at their own expense, relocate their Facilities to such location as shall have been approved by the Awarding Authority within ninety days of the receipt of the order of the Awarding Authority. Upon relocation Applicant shall promptly supply Awarding Authority with "as built" plans of the relocated Facility. Following the transfer of the Facility and any Attachments from the Existing Facility to the New Facility, the Existing Facility shall be removed from the site within ninety days from the date of completion of the transfer.

Except to the extent allowed by law and unless directly and proximately caused by the willful, intentional or malicious acts by the Town, the Town shall not be liable for any damage to or loss of any Overhead or Underground Facility located in the Right-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the Right-of-Way by or on behalf of the Town. Rights-of-Way Permits and Grants of Location for Facilities that have been ordered to be relocated will be amended to reflect the new location once the Facilities have been re-located.

F. Re-Location of Facilities due to Public Necessity

The location of any Overhead or Underground Facility covered by a Right-of-Way Permit may be changed by order of the Awarding Authority if it determines in its reasonable discretion that public necessity requires relocation of the Facility. Except for Emergency Repair-Work, Applicant is required to notify all Co-Locators upon receiving an order to relocate the Facility from the Awarding Authority. Applicant and all Co-Locators shall, at their own expense, relocate their Facilities to such location as shall have been approved by the Awarding Authority within ninety days of the receipt of the order of the Awarding Authority. Upon relocation Applicant shall promptly supply Awarding Authority with "as built" plans of the relocated Facility. Following the transfer of the Facility and any Attachments from the Existing Facility to the New Facility, the Existing Facility shall be removed from the site within ninety days from the date of completion of the transfer.

Unless directly and proximately caused by the willful, intentional or malicious acts by the Town, the Town shall not be liable for any damage to or loss of any Overhead or Underground Facility located in the Right-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the Right-of-Way by or on behalf of the Town. Rights-of-Way Permits and Grants of Location for Facilities that have been ordered to be relocated will be amended to reflect the new location once the Facilities have been re-located.

G. Assignment of Facilities

Except to the extent that Section 15B of Chapter 166 of the Massachusetts General Laws and other current law limits the ability of the Town to transfer a Right- of-Way Permit, a Right-of Way Permit is not assignable. If a Permit-Holders

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transfers ownership or use of its Facilities to another entity, such entity must apply for and receive its own Permit in accordance with this By-Law.

H. Non-exclusive grant

No Permit granted under this By-Law shall confer an exclusive right, privilege, license or franchise to occupy or use the Right-of-Way of the Town for delivery of services or any other purposes. No Permit granted under this By-Law shall convey any right, title or interest in the Right-of-Way but shall be deemed a license to use and occupy the Right-of-Way in accordance with the terms of this By-Law and the Town of Canton Right-of-Way License Agreement. Further, no Permit shall be construed as a warranty of title. A Permit granted shall be limited to a license to use only that specific portion of a Right-of-Way as specified in the Plan that accompanies the Application and in any Permit or License Agreement.

I. Co-Location of Facilities

Issuance of a Right-of-Way Permit may be conditioned upon the agreement of the Applicant to make Excess Capacity available to the Town. The Town reserves the right to place, free of charge, signal circuits, signal supply circuits and the equipment attached to these circuits belonging to the Town and used by it exclusively for municipal purposes on or in all Existing Facilities with Excess Capacity and on or in New Facilities then owned or controlled by an Applicant which is a Public Utility and shall be allowed access whenever necessary to place, maintain or remove its wires and cables.

J. Insurance

The Permit Holder shall acquire and continuously maintain while it possesses a Right-of-Way Permit liability insurance coverage on all personnel and equipment used to construct, operate, maintain and repair the Overhead and Underground Facilities located within the Right-of-Way. This insurance must 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 operation, independent contractors, complete operations for a period of one (1) year from completing the street opening work, XCU hazards, broad form property damage and personal injury.

General Aggregate: $ 2,000,000.00 Products and complete operations Aggregate $ 2,000,000.00 Each occurrence $ 1,000,000.00 Combined single limit $ 1,000,000.00

Automobile Liability Insurance (covers owned, non-owned and hired vehicles) Bodily Injury Liability $ 500,000.00 each person 163

$ 1,000,000.00 each accident Property Damage Liability $ 250,000.00 each accident Combined Single Limit $ 1,000,000.00

Worker's Compensation and Employer's Liability Each Accident $ 100,000.00 Disease- Policy Limit $ 500,000.00 Disease- each Employee $ 100,000.00

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 municipality shall be listed as an additional insured on the Certificate of Insurance.

K. Construction Requirements

1. All Permit Holders are required to obtain a Building and Electrical Permit (if applicable), and (except for Poles and Attachments thereto) a Street Opening Permit from the Awarding Authority. Once commenced, construction shall proceed at an uninterrupted and consistent pace so that the Right-of-Way Work described in the Permit will be completed within a reasonable time.

2. Before commencing construction, Permit Holders shall submit to the A warding Authority a Performance Bond, with corporate surety satisfactory to the A warding Authority, in an amount equal to the value of the construction which shall, assure: the satisfactory completion of installation and commencement of operation of the system in accordance with the terms of the Permit, , and the satisfactory restoration of adjoining property and public property in accordance with the provisions of this By-Law. This bond shall be maintained in force until one year after the completion of the construction work.

3. Construction of New Facilities must conform to the plan accompanying the Application and to the terms of the Permit and License Agreement All Right-of- Way Work must conform to the Americans with Disabilities Act and the Architectural Access Board Regulations as currently in effect

4. Right-of-Way Work shall comply with the following: a. Working Hours. Except for Emergency Repair Work, Right-of-Way Work shall occur during Normal Working Hours. Permit Holder must give notice of the intended Right-of-Way Work seventy-two hours in advance to the Highway Superintendent and unless the requirement for a police detail is waived by the Police Chief of the Town, must mange for and pay for a police detail to be present throughout the period of time that the Right-of-Way Work is being conducted. b. Obligation to Locate Existing Facilities. Permit Holder or Contractor must inform itself as to the existence and location of all Existing Facilities located in the same general area as the New Facilities are to be located and i must confer with the owners thereof in order to obtain information as to the vertical and horizontal locations of' the Facilities and other conditions that might affect the Right-of-Way Work.

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c. Non-Interference with Existing Facilities. Permit Holder or Contractor shall not interfere with an Existing, Facility without the written consent of the Awarding Authority and the owner of the Existing Facility. If it becomes necessary to relocate an Existing Facility to accommodate the New Facility, this shall be done by its owner and the cost of such work shall be borne by the Permit Holder. d. Dig Safe. Permit Holder shall, in accordance with Chapter 164 section 76D of the M.G.L., notify all Public Utilities seventy-two hours in advance of making any excavation in a Public Way. Such notification shall be made by means of obtaining a DIG-SAFE number. Said number shall be provided on the Street Opening Application. e. Protection of Existing Facilities. Permit Holder or Contractor shall adequately support and protect by timbers, sheeting etc. all Existing Overhead or Underground Facilities which may be in any way affected by the Right-of-Way Work and shall do everything necessary to support, sustain and protect them under, over, along or across such work area. Excavation work shall be performed and conducted in such manner that it shall not interfere with access to fire stations, fire hydrants, water gates, underground vaults, catch basins nor to any other public structure, fixture or improvement to the extent access to such other public structure, fixture or improvement is necessary for the protection of the safety, health or welfare of the public. f. Adjoining Property. Permit Holder or Contractor shall, at all times at its own expense, preserve and protect from injury any adjoining property and shall take such precautions as may be necessary for this purpose. Permit Holder shall be responsible for all damages to public or private property or streets resulting from its failure to properly protect and carry out the Right-of-Way Work to the extent allowed by law and shall restore all such adjoining property to the condition that existed immediately prior to the performance of any Right-of-Way Work. g. Trees. Permit Holder or Contractor shall not remove, even temporarily, any trees or shrubs which exist in the Right-of-Way Work area without first obtaining the consent of the Town. In the event a tree is either accidentally destroyed by the Permit Holder or Contractor or is authorized for removal by the Town, Permit Holder or Contractor shall remove the tree, stump and debris from the work site and replace the tree with an identical species with a minimum caliper of two inches in the identical location. h. Excavated Material. Permit Holder or Contractor shall remove all excess excavated materiel, surplus, water, muck, silt, residue or other run-off pumped or removed from excavations from the Right-of-Way Work site. i. Temporary Repairs of Underground Facilities. At the end of each day, all trenches must be plated if repair work is not completed. No un-plated trenches are permitted overnight and work in plated trenches must be continually prosecuted to completion to minimize the time trenches are plated. j. Noise. Permit Holder or Contractor shall perform the Right-of-Way Work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. During the hours from 10:00 P.M. to 7:00 A.M. Permit Holder or Contractor shall not use, unless 165

otherwise specifically permitted by the Awarding Authority any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. k. Debris and Litter. All debris and litter remaining from the Right-of-Way Work site shall be removed by the, Permit Holder or Contractor in a timely manner. l. Lawn Surfaces and Plantings. All lawn surfaces which are disturbed during Right-of-Way Work shall be replaced with sod or six (6) inches of screened loam, lime, fertilized and re-seeded with good quality lawn seed. Any areas containing plantings shall be restored to their original condition with the same or similar plantings. m.Erosion Control. Permit Holder shall be responsible for all erosion control and for obtaining any necessary permits from the Town. Permit Holder or Contractor shall protect drainage structures from siltation by whatever means required including but not limited to the installation of hay bales and/or filter fabric. In the event that a drainage structure becomes damaged from siltation as a result of the Right-of-Way Work, Permit Holder or Contractor shall clean the structure before completing the Right-of-Way Work. n. As Built Plans. Within 30 days following completion of construction of New Facilities, Permit Holder shall file with the Awarding Authority complete As- Built Plans of the New Facilities including an accurate map certifying the location of all Facilities within the Right-of-Way prepared by a Registered Professional Engineer or other qualified professional. o. Tree trimming. Permit Holders who own and maintain Overhead Facilities are responsible for trimming trees or other vegetation growing in the Right-of-Way to prevent their branches or leaves from touching or otherwise interfering with the Overhead Facility. All trimming or pruning shall be at the sole expense of the Permit Holder and performed under the supervision of the Town.

L. Emergency Repair Work

When notified by the Town, Permit Holder is required to respond to calls for Emergency Repair Work within two hours of the notice and to commence repairs immediately upon arrival at the site.

M. Maintenance.

Permit Holder shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures of Overhead or Underground Facilities and accidents which are likely to cause damage, injuries or nuisances to the public. Owners of Poles shall, upon the receipt of written notice served by the Inspector of Wires, promptly make such substitution or repairs of such Poles, wires, posts, supports or attachments as may be required by the Inspector of Wires.

VIII. Rental Payments

To the extent the Town and an Applicant holding a Right-of-Way Permit for a Facility may agree, an Applicant holding a Right-of-Way Permit for a Facility shall 166

make a License Rental Payment to the Town for the non-exclusive right to use certain Rights-of-Way in the Town of Canton.

IX. Appeals

A person or entity aggrieved by a decision of the Awarding Authority under this By- Law may appeal such decision to the appropriate court of competent jurisdiction or, to the extent applicable law provides, to the DTE or the FCC.

X. Severability

If any clause, section, or other part of this By-Law shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this By- Law shall not be affected thereby but shall remain in full force and effect.

XI. Exemption For Licensed Cable Operators

Notwithstanding any provision of this By-Law to the contrary, any Applicant that holds a valid license issued by the Town pursuant to G.L. c. 166A, § 3 (a “CATV License”) shall be exempt from, and shall not be required to submit to the Town an Application for permission to install, maintain or operate Facilities legally authorized by such Applicant’s CATV License or otherwise to comply with the provisions of this By-Law to the extent such Applicant’s CATV License authorizes the Applicant to install, maintain and operate its Facilities in the Town and provided that such Applicant remains in compliance with all the requirements and conditions of its CATV License, G.L. c. 166A and applicable regulations of the DTE.

Section 24. Town of Canton Substance Abuse Committee 16-24

(a) Appointment, Powers - The Select Board shall appoint a Town of Canton Substance Abuse Committee for the purpose of coordinating, developing and/or carrying out programs designed to prevent and meet the problems of substance abuse.

(b) Composition - The Select Board shall appoint the Town of Canton Substance Abuse Committee consisting of eight (8) members. Upon acceptance of this by law, the Board shall appoint three (3) members for three (3) year terms, two (2) members for two (2) year terms and two (2) members for one (1) year terms. The members appointed by the Select Board shall to the extent practicable include one member representing the Department of Elder and Human Services, one member representing the Fire and Rescue Department, one member representing the Police Department, one member representing the School Department, one member representing the Health Department and one member representing the Parks and Recreation Department. Members can be re-appointed for concurrent

16-24 Inserted under Article 32, ATM May 9, 2016 and amended under Article 57, ATM May 8, 2017. Section (b) amended under Article 22, ATM May 12, 2025. 167

terms. The members of the Town of Canton Substance Abuse Committee shall serve without pay.

(c) Vacancies - Whenever a vacancy shall occur in the membership of the Town of Canton Substance Abuse Committee, by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Select Board for the remainder of the term.

(d) Organization - The Town of Canton Substance Abuse Committee at its first annual meeting and thereafter, annually in April of each year, shall elect from its membership a Chair, Vice-Chair, Clerk and Treasurer. Each officer shall hold office until the next annual election. In the event a vacancy occurs in any of the offices above, the Town of Canton Substance Abuse Committee shall hold a special meeting for the purpose of electing one of its members to fill such vacancy.

(e) Annual Report - The Committee shall prepare and submit an annual report of its activities to the Town and shall send a copy thereof to the Select Board.

Section 25. Plastic Bag Reduction By-Law16-25

Subsection 1. Purpose

The purpose of the by-law is to protect the Town’s natural beauty and irreplaceable natural resources by reducing the number of single-use, thin-film, plastic check- out bags that are distributed and used in the Town of Canton and to promote the use of reusable bags.

Subsection 2. Definitions

The following words shall, unless the context clearly requires otherwise, have the following meanings:

Director – The Director of the Canton Board of Health.

ASTM D6400 – The American Society for Testing and Materials (ASTM) International “Standard Specification for Compostable Plastics”.

ASTM D7081 – ASTM International “Standard Specification for Biodegradable Plastics in the Marine Environment”.

Checkout Bag – A carryout bag provided by a store to a customer at the point of sale. “Checkout Bag” shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store.

16-25 Inserted under article 27 ATM May 13, 2019. 168

Compostable Plastic Bag – A plastic bag that (1) conforms to the current ASTM D6400 for composability; (2) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by this section.

Department – The Town of Canton Board of Health.

Marine-degradable Plastic Bag – A plastic bag that conforms to the current ASTM D7081 standard specification for marine degradability; and conforms to any other standards deemed acceptable by the Department, provided additional, Department approved standards are as stringent as ASTM D7081.

Recyclable Paper Bag – A paper bag that is (1) 100% recyclable including the handles; (2) contains at least 100% post-consumer recycled paper content; and (3) displays the words “recyclable” and “made from 100% post-consumer recycled content” in a visible manner on the outside of the bag.

Retail Establishment – Any retail space located in the Town including without limitation a restaurant, food or ice cream truck, convenience store, retail pharmacy, or supermarket.

Reusable Checkout Bag – A sewn bag with stitched handles that (1) can carry 25 pounds over a distance of 300 feet; (2) is either (a) made of closth or other machine washable fabric; or (b) made of plastic other than polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl chloride that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils in thickness.

Subsection 3. Regulated Conduct

a. If any Retail Establishment provides a Checkout Bag to customers, the Checkout Bag shall comply with the requirements of being either a Recyclable Paper Bag, a Compostable Plastic Bag, a Marine-degradable Plastic Bag, or a Reusable Checkout Bag. b. The Department may adopt and amend rules and regulations of effectuate the purposes of this by-law.

Subsection 4. Enforcement and Penalties

a. The Department, the Director or the Director’s designee, or the Select Board’s designee, shall have the authority to administer and enforce this by-law. b. Violations of this by-law may be enforced in accordance with Article 1, Section 2 of the General By-Laws of the Town of Canton. c. For the first violation, the enforcing authority, upon a determination that a violation has occurred, shall issue a written warning notice to the Retail Establishment specifying the violation. 169

d. The penalty for each violation that occurs after the issuance of the warning notice shall be: 1) $100 for the first offense 2) $200 for the second offense 3) $300 for the third and all subsequent offenses e. No more than one (1) penalty shall be imposed upon a Retail Establishment within a seven (7) calendar day period. f. A Retail Establishment shall have fifteen (15) calendar days after the date that a notice of violation is issued to pay the penalty. g. Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.

Subsection 5. Effective Date

a. This by-law shall take effect within six months from approval of the by-law by the Attorney General or on November 1, 2019, whichever is later, for Retail Establishments with a floor area equal to or exceeding 3,500 square feet or with at least two (2) locations under the same name within the Town of Canton that total 3,500 square feet or more. b. This by-law shall take effect one (1) year from approval of the by-law by the Attorney General for Retail Establishments with a floor area of less than 3,500 square feet. c. The Director or the Director’s designee may grant a waiver of not more than six months if a Retail Establishment requires additional time in order to draw down on existing inventory of thin-film, single use plastic check-out bags.

Subsection 6. Severability

a. It is the intention of this law that each separate provision of the by-law shall be deemed independent of all other provisions herein, and it is further the intention that if any provision of this by-law be declared to be invalid by a court of competent jurisdiction, the remaining provisions of the by-law shall remain valid and enforceable.

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