[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
Article I Excavations
[Adopted by the STM 10-25-1999]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory.
- Any person (See definition.) doing business subject to this article, either as principle contractor or as a subcontractor.
- The town engineer of the town.
- All surfaces installed and designed to carry or guide vehicular or pedestrian traffic.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- ROAD FOREMAN
- The individual authorized to supervise the maintenance of the town roads.
- ROAD or HIGHWAY
- The entire right-of-way width of any dedicated or other legally acquired public highway situated in the town.
No person shall make any excavation, trench or otherwise alter, open or remove the surface of any road or highway or reconstruct, repair or alter any curb, curb cut, driveway, road or road drainage in the Town of Bethany until a permit has been obtained from the Road Foreman or his authorized agent. The Bethany Department of Public Works, its agents and contractors shall not be required to obtain a permit when working on a road or highway in the Town of Bethany.
Application for a road excavation permit shall be made on forms provided by the Road Foreman.
The application shall include the following information:
The location of the work area.
A description of the work to be done.
The name, address and signature of the party doing the work.
The name, address and signature of the party for whom the work is being done.
The name and address of the owner or agent in charge of all properties abutting the work area.
Estimated cost of the work.
Estimated starting time and duration of the work.
A fee to the Town of Bethany in the amount established by resolution of the Board of Selectmen.
The Road Foreman may require detailed plans and specifications and other engineering to be submitted with the application where he shall deem the same to be necessary information for the issuance of a permit.
The Road Foreman shall approve a permit hereunder when he finds:
That the plans for the proposed work meet the standards for this article as determined by the Road Foreman and, if appropriate, the Town Engineer.
That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of access to the properly affected and adjacent properties.
Pursuant to § 165-2 of this chapter, approved permits shall not be delivered to the permittee until all of the following are delivered to the Office of the First Selectman:
A certificate indicating public liability insurance coverage of the permittee of not less than $500,000 liability for one person, $1,000,000 liability for one accident and $500,000 property damage with the Town of Bethany included as an additional named insured.
A performance bond with surety in the minimum amount of $1,000 and in greater amounts if required by the Road Foreman, said performance bond to be in an amount in relation to the estimated cost of the work to be done, as determined by the Road Foreman. All bonds shall be in the form of certified checks made out to the Town of Bethany or passbook pledges in the name of the Town of Bethany.
All such bonds and insurance coverage required by this section shall be for the period of one calendar year and renewals. Evidence of such bond and insurance coverage shall be in form and in companies or sureties satisfactory to the Town Counsel.
Permits issued under this chapter shall expire one year after approval unless the Road Foreman deems a shorter period appropriate.
The permittee agrees as a condition of the permit to save harmless and indemnify the town, its officers, agents and employees from any and all liability, damages and costs that may in any manner be incurred by the town by reason of or in connection with the act or omission of the permittee, his agents or servants in the performance of the work under the permit.
By accepting a permit, the permittee shall guarantee to maintain the permitted work for a period of one year after completion of the work allowed under this permit. The performance bond shall include said conditions of maintenance within its provisions.
All operations for which a permit is granted hereunder shall be subject to the inspection and approval of the Road Foreman.
Any person violating any provision of this article or any regulations promulgated hereunder shall be fined $50 per day for each provision of this article thus violated. Each day of such violation shall be deemed a separate offense.
Any work not completed or not completed in a satisfactory manner under this article, within three days after notice in writing to the person taking out a permit for the same, may be completed by the town and all costs shall be defrayed by calling the bond and expending the surety posted for the project.
The bond and surety posted for activities allowed pursuant to this article shall be released only after satisfactory completion of the work and the end of the maintenance period. A written request must be made to the Road Foreman for such release. No bond and surety will be released until one full year has elapsed after completion of the project and the Road Foreman or, if appropriate, the Town Engineer determines that the work remains satisfactory.
The Board of Selectmen is hereby authorized and empowered to adopt or amend by resolution such permit fees, rules, regulations and specifications for the construction and repair of pavement, driveway aprons, curbs, curb cuts and trench excavations as may be in the best interest of the town to effectuate the terms of this section. Said regulations and any amendments, addenda, revisions, updates and supplements thereto shall be filed in the Town Clerk's office.
In the event that any part of this article is found to be invalid by a court of competent jurisdiction, such finding shall not affect the remaining portions of this article.