Town of North Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of North Haven 4-6-1988 Special Town Meeting. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 170.
Streets and sidewalks — See Ch. 180.

§ 110-1 Intent and purpose.

In order to ensure the proper operation and maintenance of our public highways and for the safety and protection of the public, the Town of North Haven does hereby adopt the following ordinance in accordance with the powers granted by the Charter of the Town of North Haven and the General Statutes of the State of Connecticut, as amended.

§ 110-2 Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:
CONTRACTOR
An individual, partnership or corporation approved by the Director of Public Works to excavate within the town highway or street.
DIRECTOR
The Director of Public Works of the Town of North Haven or an individual, partnership or corporation duly appointed by the town to undertake the duties and exercise the authority herein conferred upon the Director, and also the representatives of said Director when acting within and limited by particular duties and powers assigned to each.
HIGHWAY
A street, public way or public right-of-way owned by the Town of North Haven, including the entire width between the street lines or right-of-way lines.
INSPECTOR
Any person duly authorized by the Director bearing proper credentials and identification.

§ 110-3 Permit required.

A. 
No portion of any highway shall be excavated until the contractor has obtained a permit from the town in accordance with the provisions of this ordinance.
B. 
Emergency openings or excavations may be made, whenever it is essential to the public health or safety, without first securing a permit; however, immediate notice shall be given to the Police and Fire Departments by the contractor. It is required that a permit be obtained at the earliest possible time after an emergency excavation and all other provisions of this ordinance be complied with.

§ 110-4 Bonds and insurance requirements.

A. 
The town will make available to the contractor the town's specifications and standard details and its performance bond and liability requirements for the backfilling, temporary maintenance and resurfacing of the highway.
B. 
The contractor shall be protected by and shall pay premiums for policies of insurance satisfactory to the town, insuring the contractor against liability in the minimum amounts of personal injury, $500,000/$1,000,000, and property damage, $50,000/$100,000. Said policies must be issued by an insurance company licensed in the State of Connecticut. Special coverage for blasting shall be provided when needed. All insurance policies shall designate the Town of North Haven and its agents as additional insureds. The contractor shall also carry workers' compensation insurance in the amount of statutory limits. Certificates of insurance shall be provided to the town.
C. 
The contractor shall provide a performance bond in an amount to be determined by the Director for the faithful performance of the work contemplated. The bond shall be issued by an approved surety company licensed in the State of Connecticut. It shall be for a minimum amount of $5,000 and may be increased on larger projects in an amount as required by the Director. The bond will be in force from January 1 to December 31 and shall cover any excavation undertaken by the contractor until the expiration of the guaranty period for that project. The guaranty period shall be for six months from the completion of the temporary patch.
[Amended 8-30-1993 ATM]
D. 
The requirements of the local building and plumbing codes and rules and regulations of the Water Pollution Control Authority must also be adhered to as applicable. Permits and fees as required and materials and workmanship shall conform to this ordinance and any other applicable rules or codes.

§ 110-5 General conditions.

A. 
The contractor or his agent shall under no circumstances start work on the town highway or property within the town right-of-way until the requirements of § 110-4 are satisfied and the required permits are obtained. These permits are to be available at the site of the work during its continuance for inspection by the Director or his agents.
B. 
At least one-way traffic shall be maintained in roads at all times. Under unusual circumstances, the Traffic Authority may, in writing, permit the temporary closing of a road, in which case the contractor shall, prior to such closing but after receiving permission of the Traffic Authority, notify the Police and Fire Departments and First Selectman of the Town of North Haven of the location and approximate duration of such closing and shall again notify these Departments when the road is reopened to traffic. A traffic person or police officer, as required by the Police Department, shall be provided at the contractor's expense when fewer than two lanes of traffic are maintained or when necessary or advisable in the opinion of the Police Department.
C. 
Adequate barricades, detour signage, lights and red flags shall be erected and maintained at the contractor's expense in the street until all work is completed.
[Amended 8-30-1993 ATM]
D. 
The contractor shall schedule his work for a normal workday so that the work may be inspected. Arrangements shall be made in advance with the Director when work is to be done outside of the normal workday, and the contractor shall pay for any overtime inspection costs. The contractor shall give the Director one day's notice before any work is to begin, except in the case of an emergency.
E. 
All work performed under the provisions of this ordinance shall be subject to the inspection and approval of the inspector. The contractor shall provide safe access for such inspection.
F. 
The contractor shall pay all costs to repair any and all damage to curbs, sidewalks, road or property of the Town of North Haven caused in any way by the contractor, his agents, servants and/or employees. All repairs to damage shall be done to the complete satisfaction of the Town of North Haven.
G. 
If, in the performance of the work, any property marker, highway bound or control point is disturbed or destroyed, it shall be replaced at the contractor's expense by a land surveyor certified to practice in the State of Connecticut. Verification of replacement shall be furnished to the town in the form of an updated drawing (Mylar) certified by the aforementioned surveyor.
[Amended 8-30-1993 ATM]

§ 110-6 Permit application.

A. 
The application for a permit required by § 110-3 hereof shall be on a form provided in the Public Works Department and shall include the following information or any other information as may reasonably be required by the Director:
(1) 
The exact location of the proposed excavation.
(2) 
The purpose of the proposed excavation.
(3) 
An estimate and sketch (including dimensions) of the area of the excavation.
[Amended 8-30-1993 ATM]
(4) 
The date and time when the work will commence and the period within which the work will be completed.
(5) 
The name, address and telephone number of the contractor.
(6) 
The names, addresses and telephone numbers of persons who may be contacted in case of emergency or after regular working hours.
B. 
The application shall be accompanied by a permit fee.

§ 110-7 Permit rules and regulations.

At the time of the issuance of the permit, the contractor shall receive from the Director written rules and regulations concerning the manner in which the excavation can be performed. These rules and regulations shall be in addition to any other provision of this ordinance.

§ 110-8 Permit fee.

[Amended 8-30-1993 ATM]
A. 
The permit fee referred to in § 110-6B hereof for a street excavation permit shall be determined prior to issuance of said permit. Determination of the specific fee, which will vary contingent on the extent of the proposed work, will be based on the following categories:
(1) 
Off pavement.
(2) 
Off pavement/through walk.
(3) 
One-half roadway width.
(4) 
Entire roadway width.
(5) 
Longitudinal work within pavement.
B. 
Permit fees respective to the above categories will be established by the Director and approved by the Board of Selectmen.
C. 
Established fees for each of the categories are based on an average patch width required for the installation of one utility. Accordingly, additional utilities within the same trench and/or other conditions which are anticipated to dictate a wider patch will require additional and/or separate permits even though the end result may be one contiguous roadway patch.
D. 
The permit fee is only refundable upon receipt of written notification to the Director that work has not been started and has been canceled. Future work of any kind at the same location will require a new permit and fee. Said notification shall include the permit number and location. A ten-dollar processing fee will be deducted from all reimbursements.
E. 
Portions of the permit fee will not be refunded in situations where the final work does not extend to the proposed limits of the issued permit.
F. 
In situations where work needs to be extended beyond the originally proposed limits, the applicant/contractor shall notify the Director, in writing, and pay an additional fee that, when added to the original fee, will equal the fee required for the newly determined category respective with anticipated work.
G. 
The contractor is responsible for the installation of the temporary patch in accordance with this ordinance.

§ 110-9 Enforcement; penalties.

A. 
Any contractor who violates any provision of this ordinance or the rules and regulations issued by the Director shall be liable to the town for any expense, loss or damage which may be caused to the town highway or property by reason of such violation.
B. 
The Director may refuse to issue any permits to a contractor who is in violation of any provisions of this ordinance or the rules and regulations issued by the Director until such time as satisfactory compliance is obtained.
C. 
Termination of the permit. Any permit shall expire and be deemed void 30 days after the date of issuance if the contractor does not perform any work prior to that time. When a permit becomes void, it is the responsibility of the contractor to reapply and obtain a new permit before any work is performed.
D. 
The cancellation of the bond or insurance shall automatically void any permit which has been issued.

§ 110-10 Waiver of requirements.

[Amended 8-30-1993 ATM]
A. 
The following may make a written request to the Director to waive the performance bond and permit fee, provided that they agree to conform to all other requirements of this ordinance and/or the rules and regulations issued by the Director in addition to any conditions imposed by the Director:
(1) 
Utility companies.
(2) 
Contractors performing work for the Town of North Haven on projects contracted by the Town of North Haven.
(3) 
Contractors or developers working on subdivisions or other developments approved and bonded by the Town of North Haven Planning and Zoning Commission.
B. 
Utility companies are required to maintain temporary patches and, within six months of the installation of the temporary patch and after a proper settling period, install the permanent patch to conform to requirements of this ordinance and/or the rules and regulations issued by the Director.

§ 110-11 Exemptions.

The following shall be exempted from the provisions of this ordinance:
A. 
Work duly authorized by town officials and performed by town employees as a function of their assigned duties and responsibilities.
[Amended 8-30-1993 ATM]
B. 
Work performed by public utility companies above ground to install, maintain, repair or replace service lines or utility poles or adjust valves and manhole covers to grade or similar devices which, in the opinion of the Director, require no significant amount of excavation.
C. 
Work performed under the control and supervision of the State of Connecticut.
D. 
Minor repairs by the abutting property owners to the curbs, planting areas, sidewalks or driveways.

§ 110-12 Existing permits.

[Added 8-30-1993 ATM]
Provisions of this ordinance in effect at the time of issuance of a permit will remain in force until such time that all outstanding requirements have been adequately addressed.