No owner or other person shall locate a pump
to be used to distribute petroleum products, or any attachment thereof,
within 10 feet of the boundary line of a Town street or highway or
state highway located within the Town, without first obtaining a permit
from the Town Council. The Council shall determine whether or not
to grant such permit upon the basis of public safety, and may impose
reasonable conditions to ensure public safety.
[Amended 10-7-2002 by Ord. No. 6-02-0233]
A. Required. No person shall take up any pavement or dig any trench or hole or make any other excavation, or erect any device whatsoever within the right-of-way limits of any Town road, without first obtaining a permit so to do in accord with this section. The application fee shall be paid by the applicant for such permits in the amount as set forth in Chapter
122, Fees, per permit required; all contractors to be licensed by the Town of Coventry, annual license fee renewal as set forth in Chapter
122, Fees, with bond and statement from the Department of Public works; all licenses to be issued by the Town Council prior to any work commencing.
B. Application. Written application for the permit required
by this section shall be filed with the Director of Public Works,
setting forth the location and nature of the work to be done. Such
application shall contain an agreement by the applicant to comply
with all regulations concerning such work and to hold the Town harmless
from any damage or loss sustained by the Town on account of injuries
or property damage suffered by persons using the streets, highways
or sidewalks, due to the existence of such excavation or the erection
or maintenance of any device or the failure of such applicant to comply
with the regulations governing the excavation, including maintenance
of the work for a period of not less than one year from the date of
completion.
C. Bond.
(1) The Town Council shall annually establish bond amounts
for specific types of excavation and road opening activities covered
under this section, such as water service connection, sewer connection,
drainage connection, and the like, upon the recommendation of the
Town Engineer. In no event shall a bond amount be established at less
than $5,000 for a particular type of excavation or road opening activity.
(2) All applicants seeking a permit under this section, except for public utilities that have previously posted a bond of $25,000 in accordance with Subsection
C(3) below, shall file a bond with the Town Treasurer in the amount established annually by the Town Council for the particular type of excavation and road opening activities involved. The bond shall run to the Town of Coventry and shall be conditioned upon the faithful performance of the permit agreement. No letters of credit will be accepted.
(3) Any business or utility that is regulated by the State Public Utilities Commission may, in lieu of the bond requirements of Subsection
C(2) of this section, file one bond with the Town Treasurer in the amount of $25,000 to cover annual repair and service work. A separate bond will be required for all capital projects. The bond shall run to the Town of Coventry and shall be conditioned upon the faithful performance of the permit agreement. No letters of credit will be accepted. The filing of such bond will eliminate the necessity of the business or utility filing a bond on each occasion that an excavation or road opening permit is sought under this section.
D. A permit application shall be approved and issued
by the Director of Public Works upon the filing of the required bond
with the Town Treasurer. All work shall be completed in accordance
with the right-of-way excavation procedures developed by the Department
of Public Works.
E. Certification of completion of work; return of bond.
The Town Engineer shall certify the completion of the work for which
the road opening permit is required. The Director of Public Works
shall inspect the work for the period of one year, commencing at the
completion of the work. At the expiration of the one-year period,
the Director of Public Works shall advise the Town Council as to the
status of the work. If, at the expiration of the one-year period,
the Town Engineer is satisfied with the condition of the work, and
any interim maintenance thereof which may have been required, the
Town Engineer will so note on the permit, a copy of which will go
to the Town Treasurer for release of the bond, excepting those bonds
filed by any business or utility regulated by the State Public Utilities
Commission. The Town Council shall be advised if the Town Engineer
finds the condition of the work and maintenance thereof to be unsatisfactory,
with a recommendation to default the bond and the required remedy
to produce acceptable conditions.
F. Any violation of the provisions of this section, failure
to obtain permit, license or bond, or maintain such, may result in
a fine of $300 for each offense and prohibit the contractor from doing
work in Coventry for one year.
[Amended 10-7-2002 by Ord. No. 6-02-0233]
A. No building permit shall be issued for construction
of a residence without issuance of a curb and sidewalk opening permit
and without posting of a performance bond to guarantee the installation
of curb openings and sidewalks in conformance with subdivision regulations
of the Town, unless such requirement is waived or modified by the
Town Engineer, in writing, for the lot under consideration.
B. Written application for a permit required by this
section shall be filed with the Town Engineer, setting forth the location
of the proposed curb opening. Such application shall contain an agreement
by the applicant to comply with all regulations set forth in the subdivision
regulations of the Town concerning curb openings and sidewalks, and
to hold the Town harmless from any damage or loss sustained by the
Town on account of injuries or property damage suffered by persons
using the street or sidewalks due to the existence of such opening
or the failure of such applicant to comply with the regulations governing
such openings.
C. Each applicant for a permit under this section shall
file a cash bond with the Town Treasurer. The amount of the bond shall
be determined by the Town Council on an annual basis. This bond shall
be returned to the applicant upon faithful performance of the work
required. The Town Engineer shall be responsible for accepting such
work and shall certify to the Town Treasurer that the work has been
completed to standards.
D. The applicant for a permit under this section has
30 days, upon receiving the certificate of occupancy, to complete
the required curb opening and sidewalk according to standards. Failure
to complete the required work and to have the work accepted by the
Town Engineer shall result in default of the bond amount. The Town
shall then be entitled to perform the work or hire a contractor to
perform the work and pay for such work with the bond.
E. Any person aggrieved by this section may appeal to
the Planning Commission the permit requirement or bond amount. The
Commission shall review the appeal and determine to what extent such
requirements shall be enforced.