[Adopted BOS 4-12-1977]
A. 
The Town Council of the Town of Cromwell is hereby empowered to adopt, promulgate and mandate road standards and specifications for the following:
[Amended TC 6-16-2014]
(1) 
Private roads which are to be submitted to the Town for acceptance as Town roads.
(2) 
Private roads which are not submitted to the Town for acceptance as Town roads but which connect to a Town or state road and are open to the general public for use.
(3) 
Parking areas on private property which are open to the general public for use.
B. 
Road standards and specifications shall be adopted in accordance with § 204-3 hereof and may be amended by the Town Council from time to time in accordance with the procedures set forth therein.
[Amended TC 6-16-2014]
C. 
The term "Town roads," as used herein, shall be deemed to include all land and pavement within existing street lines; however, in the case of roads where street lines have not been established, the Town road shall be deemed to end at the edge of the existing pavement.
The Director of Public Works is hereby designated as administrative agent, who shall have the powers and duties necessary to administer this article, which shall include but shall not be limited to the following:
A. 
Receive and file maps, engineering plans and surveys submitted under this article.
B. 
Conduct inspections of street construction, sewers, drains, sidewalks, materials used therein and any other improvements buried thereunder or associated therewith to ensure compliance with the terms of this article.
C. 
Make recommendations to the Town Manager and the Town Council regarding the road specifications and standards.
[Amended TC 6-16-2014]
D. 
Carry out such other duties as may be required of him by these regulations, the Town Manager, or the Town Council.
[Amended TC 6-16-2014]
A. 
The Town Council shall publish a notice of its intent to act, in a newspaper having general circulation in the Town of Cromwell, at least seven days prior to adoption or amendment of road standards and specifications.
[Amended TC 6-16-2014]
B. 
Copies of the road standards and specifications or any amendments thereto shall be available in the office of the Town Clerk at least seven days prior to a meeting of the Town Council, at which action thereon is to be taken.
[Amended TC 6-16-2014]
C. 
Road standards and specifications adopted hereunder shall be effective with respect to any road or street to be constructed after the effective date of this article.
A. 
Prior to the start of construction of any road or parking area for which road standards and specifications have been adopted hereunder, the owner of the property upon which the road or parking area is to be constructed shall make application to the administrative agent for a road construction permit.
B. 
Application for a road construction permit shall be made upon a form adopted by the administrative agent and shall be accompanied by the information described in § 204-5 hereof and a permit fee of $25.
C. 
Prior to issuance of a road construction permit hereunder, the proposed plans shall be referred by the administrative agent to the Planning Commission, Zoning Commission, Cromwell Fire District and the Sewer Commission for written comment and review.
D. 
The administrative agent shall have the authority to issue a road construction permit upon review of the proposed plans and the comments of the organizations to whom the plans have been referred.
E. 
The Town Council shall have the authority to enjoin construction of any road for which a road construction permit is required and has not been issued hereunder and to revoke a road construction permit which has been issued and enjoin construction of a road upon a determination that it is not being constructed in accordance with the proposed plans or with the road standards and specifications applicable thereto.
[Amended TC 6-16-2014]
F. 
A road construction permit shall not be required with respect to roads or parking facilities which are totally within a subdivision, approval of which has been obtained from the Cromwell Planning Commission.
G. 
Any person receiving a road construction permit hereunder shall be responsible for maintaining adequate police protection during construction.
Application to the administrative agent for a road construction permit, pursuant to § 204-4 hereunder, shall be accompanied by engineering and survey plans which conform to the following requirements:
A. 
Seven paper prints of the proposed road plans, which have a scale of one inch equals 40 feet and are sealed by a Connecticut licensed professional engineer certifying that the proposed plans are in compliance with the road standards and specifications adopted by the Town Council.
[Amended TC 6-16-2014]
B. 
Said proposed plans shall show details of road design, including both horizontal and vertical alignment; utilities; drainage systems, including the design and location of all structures and pipes; sewage disposal and/or water systems, if applicable; and such other details required by the road standards and specifications adopted hereunder.
C. 
Plans shall be adopted to standard plan and/or profile paper, having a sheet size not to exceed 24 inches by 36 inches.
D. 
The proposed plans shall contain a certification by a Connecticut licensed surveyor that the boundaries of the property within which construction is to take place and the street lines have been established.
A. 
Upon completion of a road in compliance with road standards and specifications in effect at the time of its construction or in compliance with an approval granted by the Cromwell Planning Commission, a written application may be filed with the Town Manager for acceptance by the Town Council of the road as a Town road.
[Amended TC 6-16-2014]
B. 
Prior to acceptance by the Town of Cromwell of any road, it shall be the obligation of the owner of the property upon which the road has been constructed to maintain the road, keep it in passable condition at all times and provide for the removal of snow, ice and any other obstructions.
C. 
Roads which are transferred to the Town of Cromwell, for nominal consideration recited in the deed, may be accepted as Town roads by action of the Town Council.
[Amended TC 6-16-2014]
D. 
Roads for which more than a nominal consideration is to be paid by the Town of Cromwell may be accepted as Town roads by action of the Town Meeting, as required by Section C603(e) of the Charter.[1]
[1]
Editor's Note: See now the current Charter, included at the beginning of the Cromwell Town Code.
E. 
Applications for road acceptance shall be accompanied by the following:
(1) 
A letter from the administrative agent or the Planning Commission certifying that the road satisfies the applicable road standards and specifications and all public improvements have been completed.
(2) 
A preliminary certificate of title showing any encumbrances on the property proposed to be conveyed to the Town and showing that all necessary drainage easements have been obtained.
(3) 
A draft of the deed by which the applicant proposes to convey title to the roads to the Town of Cromwell.
(4) 
A maintenance bond, either in cash or written upon a surety company licensed to do business in the State of Connecticut, in an amount determined by the administrative agent sufficient to secure to the Town the full maintenance of the road, excluding snow removal service, effective for a term of a minimum of one year from the date of acceptance.[2]
[2]
Editor's Note: Former Subsection F, requiring street and drainage construction and acceptance before issuance of a building permit, which immediately followed this subsection, added BOS 9-19-1980, was repealed BOS 5-19-1993.
A. 
After acceptance of a road by the Town of Cromwell, the owner of the property shall, when notified by the administrative agent and within a time period set by said administrative agent, at the sole expense of said owner, repair all failures in the construction and operation of roads, drainage structures, appurtenances, bridges and other public improvements as may occur during the maintenance period established by the administrative agent, pursuant to § 204-6E(4) hereof.
B. 
Said owner shall similarly repair all defects, settlements and irregularities of the structures and appurtenances of drains, pipes, mains, conduits, curbs, gutters, sidewalks, road surfacing, turf establishment or of any other defective conditions in the road or right-of-way occurring or detected during the maintenance period.
C. 
In the event that the owner fails to remedy any such defects within the time period set, the Town Manager may, with approval from the Town Council and without prejudice to any other remedy, cause the required repairs to be made and bill the owner for the cost of the work involved.
[Amended TC 6-16-2014]
D. 
If the owner does not pay said bill, in full, within 30 days from the date the work is completed, the Town Council may require that the bill be paid from the maintenance bond, posted in accordance with § 204-6 hereof, together with any costs of placing said work to bid and attorneys' fees and other costs of collection.
[Amended TC 6-16-2014]
E. 
Upon termination of the maintenance period, the owner may make application to the Town Council for release of the maintenance bond. The Town Council may release said bond upon receipt of a letter from the administrative agent certifying that the roads are in good condition, reasonable wear and tear excepted.
[Amended TC 6-16-2014]
A. 
Before any person, company, utility or agency, public or private, shall dig in the paved surface of a Town road or shall alter, excavate or fill in a Town road, they shall obtain a digging permit in accordance with this section. The provisions of this section shall include any activity, including driveway construction, which takes place within a Town right-of-way.
B. 
Digging permits may be issued by the Director of Public Works.
C. 
The fee for a digging permit shall be $10, which shall be waived for any agency of the Town of Cromwell and for the Cromwell Fire District.
D. 
Any person receiving a digging permit shall be required, upon completion of any work therein, to repair and resurface the Town road in accordance with road standards and specifications currently in force.
E. 
Before receiving a digging permit, the applicant shall be required to post a bond in favor of the Town of Cromwell, in an amount and for a term to be determined by the Director of Public Works, to insure that the requirements of Subsection D hereof are carried out.
F. 
In the event of an emergency, activities regulated by this section may be conducted without a permit so long as the administrative agent is notified of the activity conducted and the nature of the emergency no later than the next business day following the activity.
Any person who violates any provision of this article shall be fined not more than $100 for each offense.
All private roads in the Town of Cromwell which are open to use by the general public shall be maintained by the owner in a passable condition, in good maintenance and free of ice, snow and debris.