Street Opening Bond - Town of Millbury, MA in Massachusetts

Brief Summary

Millbury's board of selectmen decides what a sufficient street opening bond is, and it measures that bond against one standard: putting the street or sidewalk back to a condition the board finds satisfactory. Sewer drainlayers also carry a separate $3,000 license bond, so a contractor running a sewer line under a town road should expect two bonding questions, not one.

Under § 12.15.010 of the Millbury Code, no one may obstruct or excavate a street or sidewalk without a written permit from the board of selectmen, and the board may require a sufficient bond to the Town to restore the street, sidewalk or any part of it to a condition satisfactory to the board. Trench permits for work in the street are obtained at the selectmen's office (§ 13.05.360).

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How to Apply for a Street Opening Bond:

• Apply for a written permit from the board of selectmen before obstructing or excavating any street or sidewalk.
• Ask the board what bond amount it considers sufficient for your work.
• File copies of utility notices under M.G.L. c. 82, § 40 with the superintendent before digging in a public way.
• Produce a certificate of insurance meeting M.G.L. c. 82A, § 2 for trench work.
• Deliver the executed bond to the Town with the permit application.

Detailed Information About the Massachusetts Street Opening Bond:

What the bond has to cover

Millbury Code § 12.15.010 requires a written permit from the board of selectmen before anyone obstructs or excavates a street or sidewalk. The same section lets the board require "a sufficient bond to restore said street, sidewalk, or any part thereof to a condition satisfactory to them." The bylaw sets no fixed figure. The board decides what is sufficient for the work in front of it, and the bond runs to the Town of Millbury.

Who is exempt

The permit requirement does not apply in an emergency. Town officers performing their lawful duties, and people acting under their orders, are also exempt.

Trench work under the sewer rules

Chapter 13.05, the Town's sewer rules, adds conditions for work in streets. A trench permit must be obtained at the selectmen's office before a trench is opened in a street (§ 13.05.360). Except in an emergency, no permit to dig in a public way issues until the applicant files with the superintendent copies of the notices to public utility companies required by M.G.L. c. 82, § 40 (§ 13.05.370). Temporary patch failures must be restored within eight hours of notice (§ 13.05.390). If a drainlayer does not restore the permanent road surface within 14 days of notice, the sewer department may have the work done and charge the drainlayer (§ 13.05.400).

A second bond for drainlayers

Sewer permits issue only to drainlayers licensed to lay drains in Millbury (§ 13.05.040). A licensed drainlayer posts a $3,000 bond to guarantee satisfactory completion of the work, along with insurance and a hold harmless agreement, and the license is renewable annually on January 1 (§ 13.05.050). That is a license bond under the sewer rules, separate from the restoration bond the board may require under § 12.15.010.

State trench permit rules

M.G.L. c. 82A, § 2 requires every city and town to designate one board or officer to issue trench excavation permits, and requires the applicant to produce a certificate of insurance with general liability coverage of $100,000 per person and $300,000 per claim, or evidence of self-insurance in equal amounts. Trench safety standards are set out in 520 CMR 14.00.

Before you buy

Confirm the bond amount and form with the board of selectmen's office before the bond is issued.

Eligibility and Requirements for a Massachusetts Street Opening Bond:

• Town of Millbury named as obligee.
• Bond conditioned on restoring the street or sidewalk to a condition satisfactory to the board.
• Temporary patch failures restored within eight hours of notice.
• Permanent road surface restored within 14 days of notice on sewer work.
• Drainlayers also hold a Millbury drainlayer license backed by a $3,000 bond.

Massachusetts Street Opening Bond FAQs:

Official and Additional Resources for the Massachusetts Street Opening Bond: