Town of North Haven, CT Article II Sidewalks

[Adopted 1-14-1963 STM]

§ 180-2 Permit to construct sidewalks, driveway aprons and curbs; fee.

A. No person, firm or corporation shall construct, repair, lay or relay any sidewalk, driveway apron, curb or combined curb and gutter upon the public highways and streets of the Town of North Haven or cause such work to be done or commence with the construction of such work unless such person, firm or corporation shall have made application to the Board of Selectmen or to any agency it so designates for a permit to do such work on a form to be provided by said Board, specifying therein the name of the owner of the premises where such work is to be done and the location, time and character of the same; provided, however, that, in an emergency, permission may be granted by said Board to commence such work upon oral notice, which shall be followed immediately by a written application for a permit as herein provided. The fee for each permit so issued shall be $1.

(1) Said application shall provide that the work contemplated shall be performed and comply with all laws and ordinances pertaning to the construction of sidewalks, driveway aprons and curbs.

(2) Said application shall further provide that the town shall be indemnified and saved harmless from any and all damages to persons or property resulting from or caused by any act or omission in the performance of the work to be done.

B. The permit so issued shall at all times be available on the location where the work is being done and shall be shown to any authorized agent of the Board of Selectmen on request.

C. Permits will, except in the case of extreme emergency, be issued only at such time as weather is seasonable for the type of construction.

§ 180-3 Work to be done by owner; failure to comply.

[Amended 12-16-1978 STM]

A. Whenever public convenience or necessity requires that a sidewalk, driveway apron or curb be constructed or repaired, the owner or owners of any land fronting on any highway or street in the Town of North Haven, upon receipt of an order from the Board of Selectmen of said town, shall construct or repair sidewalks, driveway aprons or curbs within the highway adjacent to said land in the manner required by the ordinance or any regulations adopted hereunder.

B. If, after notice, the property owner fails to comply with Subsection A hereof, the Board of Selectmen shall cause the same to be done at the expense of the property owner. Said expense shall be a lien upon the premises adjoining such sidewalk, driveway apron or curb, and the Selectmen shall cause a certificate of lien to be recorded in the Town Clerk's office within 60 days from the completion of such construction or repair.

§ 180-4 Removal of ice, snow and other obstructions.

[Amended 12-26-1978 STM]

A. The owner, tenant, occupant or person having the care of any building or lot of land bordering on any street or public place within the town where there is a sidewalk, footway, driveway apron or curb shall keep and maintain such footway, sidewalk, driveway apron or curb in a safe and convenient condition for the use of the public and shall cause to be removed therefrom any and all snow, sleet, ice or other obstructions.

B. Snow, ice and sleet shall be removed within 24 hours after the end of snowfall or precipitation.

C. In case show, ice and sleet on any sidewalk, driveway apron or curb shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall be strewn and be kept strewn with sand, ashes, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleaned of snow, ice, sleet and other materials strewn thereon, as provided in the ordinance.

D. Any other obstructions placed upon any sidewalk, driveway apron or curb so as to constitute a hazard to the public shall be removed immediately.

E. After the expiration of the time limit as aforesaid for removing such snow, ice, sleet or obstruction, the Selectmen shall cause the same to be removed, and the expense thereof shall be a lien upon the premises adjoining such sidewalk, footway driveway apron or curb. The Selectmen shall cause a certificate of lien to be recorded in the Town Clerk's office within 60 days from the completion of such removal.

§ 180-5 Construction of school safety sidewalks.

[Amended 12-26-1978 STM]

A. If, in its opinion, the public safety and the safety of school children of the town so require, the Board of Selectmen may, at the town's expense, construct school safety sidewalks in and upon the streets and highways of the town within one mile actual walking distance along such streets and highways from the principal entrance, gate or entrace walkway of any school building.

B. The action of the Board of Selectmen provided for in Subsection A hereof shall be subject to the approval of the Planning and Zoning Commission of the Town of North Haven, as required by Section 8-24 of the Connecticut General Statutes, Revision of 1958, as amended, and to necessary appropriations if required.

C. Nothing herein contain shall be construed as waiving the requirements set forth by §§ 180-3 and 180-4 of this ordinance having to do with the maintenance of such sidewalks, driveway aprons or curbs after they are once constructed by the town.

§ 180-6 Hearings; appeals.

[Amended 12-26-1978 STM]

Before any sidewalk is constructed by the authority of § 180-3 of this ordinance, the Selectmen, after notice to all parties in interest and a hearing thereon, may make a finding of fact that public necessity and convenience require that such sidewalk be constructed, and a copy of such finding shall be mailed to or placed in the hands of the owner of said property adjacent to which such sidewalk is to be constructed. Any such owner may appeal to the Superior Court within 20 days from the receipt of a copy of said finding of the Selectmen, as provided by Section 7-119 of the Connecticut General Statutes, as amended.[1]

[1] Editor's Note: Section 7-119 of the Connecticut General Statutes has been repealed.

§ 180-7 Contractor licenses; fee.

A. No person, firm or corporation shall, as contractor or otherwise, engage in the work of constructing, laying, relaying or repairing sidewalks, driveway aprons, curbs or combined curbs and gutters upon the public highways and streets of the town unless duly licensed by the Board of Selectmen in accordance with the provisions hereof.

B. Said Board of Selectmen may license as a sidewalk, driveway apron and curb contractor any person who they shall deem to be fully responsible, suitable and competent for such purpose and who shall agree in writing to comply with the provisions of this ordinance and such rules and regulations as may be adopted by said Board pursuant to the provisions hereof.

C. Every person, firm or corporation making application for a license as a sidewalk, driveway apron and curb contractor shall file with the Board of Selectmen a satisfactory bond of a surety company acceptable to said Board, in the sum of $100,000, conditioned that the application shall indemnify and save harmless the town of and from any and all claims and actions of every kind and description that may be brought against the town for or on account of any injuries or damages received or sustained by any person caused by or resulting from the construction or repair of a sidewalk, driveway apron, curb or combined curb and gutter by said applicant or his servants, agents or employees or of and from any act or omission in performing said work, that said applicant shall fully perform said work in accordance with the provisions hereof and shall replace and restore that portion of any highway or street in which said applicant or his servants, agents or employees shall make any excavation in a manner and condition acceptable and satisfactory to the Board of Selectmen and that said applicant shall comply in all respects with the rules and regulations adopted by the Board of Selectmen pursuant to the provisions hereof and with the terms of the permit issued to him and shall pay all fines imposed upon him for violating any provision hereof; a certificate of public liability insurance in the amount of not less than $50,000 for any one person injured, not less than $100,000 for personal injuries arising out of any one accident and not less than $5,000 for property damage as a result of any one accident, together with a surety bond in the amount of $1,000, conditioned upon said applicant fully performing said work in accordance with the provisions hereof and replacing and restoring that portion of any highway or street in which said applicant or his servants or employees shall make any excavation in a manner and condition acceptable and satisfactory to the Board of Selectmen and upon said applicant complying in all respects with the rules and regulations adopted by the Board of Selectmen pursuant to the provisions hereof and with the terms of the permit issued to him and paying all fees imposed upon him for violating any provision hereof.

D. Said applicant shall state in his application the location of his place of business and the trade name of his said business and shall furnish such other information as the Board may require.

E. No license, as herein provided, shall be required of any person, firm or corporation in performing minor repairs to an existing sidewalk in an area not exceeding two feet in length and two feet in width or to a curb not exceeding two feet in length or of an owner who personally constructs, lays, relays or repairs any sidewalk, driveway apron, curb or combined curb and gutter bordering on his own property.

F. All licenses shall expire on December 31 next following their date of issuance unless sooner revoked. The license of any licensed contractor violating any provisions hereof may be suspended or revoked upon such terms and for such period as the Board of Selectmen may fix. The fee for such license shall be give $5 and shall not be transferable.

G. The issuance of a license to construct or reconstruct sidewalks, driveway aprons and curbs to any party by the Board of Selectmen and the establishment of a specified design, specifications and workmanship by the Engineering Department assumes no liability upon such Board, Department or the town for the sufficiency and/or durability of the work, nor does such in any manner guarantee the workmanship, nor does same invalidate the legal obligations of the property owner to construct, reconstruct and maintain sidewalks, driveway aprons and curbs in a manner satisfactory to the Board of Selectmen.

§ 180-8 Supervison by Selectmen.

The Board of Selectmen, by its authorized agent, shall give grades and lines for and shall supervise the construction or repair of sidewalks, driveway aprons, curbs or combined curbs and gutters and all other work of similar nature to be performed on the public highways and streets of the town, but such supervision shall not relieve the contractor from his obligation to perform the work strictly in accordance with the provisions hereof and the provisions of other laws or ordinances relating to sidewalks and curbs.

§ 180-9 Rules and regulations.

The Board of Selectmen is hereby authorized and empowered to adopt, from time to time, such reasonable rules, regulations and specifications for the construction of sidewalks, driveway aprons, curbs and combined curbs and gutters as it may deem for the best interests of the town. No sidewalk other than cement concrete or bituminous concrete may be laid or constructed upon the public highways or streets of the town.

§ 180-10 Violations and penalties.

[Amended 12-26-1978 STM]

Any person, firm or corporation who shall violate any provision of this ordinance or an order issued hereunder shall be punished by a fine of $5 or the maximum fine by statute for each such violation. Each day that such violation shall continue shall be considered a separate offense.