[HISTORY: Adopted by the Board of Selectmen (now Town Council) of the Town of North Branford: Art. I, 3-21-1960, effective 4-14-1960, amended in its entirety by the Town Council 7-17-1979 by Ord. No. 135, effective 8-17-1979. Adopted by the Town Council: Art. II, 1-5-1982 as Ord. No. 143, effective 2-5-1982. Subsequent amendments noted where applicable.]
Article I Road Construction
Article II Snow and Ice
[Adopted 3-21-1960, effective 4-14-1960; amended in its entirety 7-17-1979 by Ord. No. 135, effective 8-17-1979]
This document shall be known as the "Road Ordinance of the Town of North Branford, Connecticut."
This Article shall govern the construction of all roads, drainage structures, appurtenances and bridges presented by said Town of North Branford and all construction or excavation within or appurtenant to a right-of-way or easement owned, leased or controlled by the Town of North Branford.
No road constructed for private use may be presented to the town for acceptance at any subsequent time unless constructed in accordance with the terms of this Article.
All roads, etc., as noted in § 201-2, constructed in the Town of North Branford from the effective date of this Article shall be in accordance with said Article.
The developer, road builder, contractor or any person intending to construct a road which will be offered or proposed for acceptance by the Town of North Branford shall notify the Town Engineer and shall permit his inspection at each of the following stages of construction:
No work shall be started on succeeding stages of construction until required inspection has been made and approval of the Town Engineer given in accordance with this Article.
The following drawings and data must be submitted for approval prior to the clearing or grading of any land for or the construction of any roadways, etc., as noted in § 201-2:
Accurate layout of existing and proposed streets, easements or rights-of-way, including those for utilities, sewers and drainage, either on or off site, with accurate bearings and distances, including length, radii and central angle of all curves.
Accurate location of monuments with accurate reference to an established marker or to the Connecticut coordinate system.
The location of all existing and proposed sanitary and stormwater sewers, catch basins, manholes, bridges and culverts. Pipe sizes and invert elevations of all drainage structures shall be shown, together with outfall into existing sewers or natural watercourses.
Road profiles showing accurate existing and finished grades, cross sections and other detailed road construction plans, including drainage structures.
Watershed data and calculations for the design of drainage structures.
Profile drawings and elevations shall be based on official town, state or United States Geological Survey bench marks or other permanent bench marks approved by the Town Engineer. All relevant bench marks shall be noted on said drawings.
All such drawings, profiles and data shall be prepared by a professional engineer, registered in the State of Connecticut, and shall be properly signed and sealed by such engineer.
Upon final approval of the above-listed submissions for any proposed roadway and auxiliary structures, a number of copies of said documents will be required for filing by the approving agency. The number and type of copy will be as directed by the approving agency.
The right-of-way shall be that portion of land which is made available for the construction or roadways, ditches or drainage structures. Rights-of-way used for roadways shall be sixty (60) feet in width for main arteries and fifty (50) feet in width for all other roads and shall be deeded to the town upon acceptance of roadways constructed on them.
The traveled portion shall be that portion of a right-of-way upon which a roadway to carry vehicular traffic is constructed. The traveled portion of a road shall be thirty (30) feet wide, except when approved for a lesser width by:
[Amended 10-6-1981 by Ord. No. 141]
The Town Council for all roads not within the jurisdiction of the Planning and Zoning Commission.
Grades. All roads shall have a maximum grade of ten percent (10%) and a minimum grade of one percent (1%).
Cross pitch. Roads shall have a cross pitch of six (6) inches constructed as a parabolic curve.
Except where the terms of these specifications may alter them, the State of Connecticut State Highway Department's Standard Specifications for Roads, Bridges and Incidental Construction (Form 811), dated 1974, or any future revision thereof, shall apply and govern.
As far as practicable, roads shall follow natural contours.
All thicknesses required by this Article are finished or compacted thickness.
Street signs bearing approved street names shall be provided and installed by the developer or contractor at his expense at all street intersections. (See § 201-7.)
Curbs shall be installed on both sides of all roads.
As used in this Article, the following terms shall have the meanings herein indicated or shall refer to the State of Connecticut State Highway Department's Standard Specifications for Roads, Bridges and Incidental Construction, as the same may be amended from time to time:
- ASPHALT CEMENT
- Section 408.02, Paragraph 1, Form 811.
- BITUMINOUS CONCRETE CLASS E
- Section 4.03, Form 811.
- BITUMINOUS CONCRETE CLASS 2
- Section 4.04, Form 811.
- A dead-end road terminating in a circular turnaround. See Subdivision Regulations for "cul-de-sac" requirements and limitations.
- A. Section 6.51, Form 811.
- B. In general, solid wall pipe will be used. However, at the direction of the Town Engineer, perforated pipe shall be used in areas where high water table conditions exist.
- C. Headwalls for "culverts" shall be constructed of Class A portland cement concrete, either reinforced or gravity type, in accordance with applicable plates.
- GUIDE RAILS
- With the exception of bridge railing, all "guide rails" shall be tow-cable guide railing in accordance with Section 9.01, Form 811, in its entirety. For bridge railing, see § 201-15 on bridges.
- A. "Monuments" shall be placed at points of curvature and tangency and angle points. See Subdivision Regulations for "monument" requirements with subdivisions.
- B. "Monuments" shall be of stone or reinforced concrete, not less than four (4) inches square and thirty (30) inches long, with a brass or copper plug or drill hole or cross marking the center of the four-inch square and shall be set flush with finished grades.
- C. All "monuments" shall be located by a registered land surveyor of the State of Connecticut and installed by the developer or contractor at his expense.
- PROCESS AGGREGATE BASE
- Section 3.04, Form 811.
- ROLLED GRAVEL BASE
- Section 3.04, Form 811.
- Self-powered mechanical roller, weighing a minimum of ten (10) tons, having three (3) wheels with a minimum compression of three hundred (300) pounds per inch of tread on the rear wheels.
- Section 2.11, Form 811, in its entirety. "Slopes" shall be loamed to a minimum depth of four (4) inches, rolled, fertilized and seeded with Woodruff's Milford Green, or an approved equal, with an additional ten percent (10%) of annual rye.
- STREET SIGNS
- "Street signs" shall conform to the town's standard. The developer or contractor may, at his option, pay the town a fee as established by the Town Manager for each required sign, and the town will require and install the same.
- Existing ground surface prepared as specified and brought to grades indicated to receive base course.
- That portion of land surrounding a watercourse or paved road which sheds its ground- and/or surface water into or on said watercourse or paved road. Final decision as to limits of any given "watershed" shall rest with the Town Engineer.
Preparation of subgrade. All soft and yielding material and other portions of the subgrade which will not compact readily when rolled shall be removed, and all loose rock or boulders over five (5) inches in size shall be removed or broken to a depth of one (1) foot below the subgrade. All holes or depressions made by the removal of unsuitable material shall be filled with suitable material and the whole surface compacted uniformly with the roller. If the surface of an existing road is one (1) foot or less below the proposed subgrade surface, it shall be scarified for the full width of the roadbed.
Base course. The base course shall consist of two (2) strata: eight (8) inches of rolled gravel conforming to Section 3.02, Form 811, and nine (9) inches of processed aggregate base conforming to Section 3.04, Form 811.
Wearing surface. The wearing surface shall be two and one-half (21/2) inches of bituminous concrete constructed in two (2) one-and-one-fourth-inch courses. The bottom course shall be bituminous concrete Class 1, and the top course shall be bituminous concrete Class 2 conforming to Sections 4.03 and 4.04, respectively, of Form 811.
If the Planning and Zoning Commission determines that a proposed road will become, in the future, a main artery carrying a substantial amount of traffic other than that serving the immediate neighborhood, the developer or contractor shall be required to construct such roads as will become main arteries in accordance with the following:
Base course. The base course shall consist of two (2) strata: twelve (12) inches of rolled gravel conforming to Section 3.02, Form 811, and four (4) inches of processed aggregate base conforming to Section 3.04, Form 811.
Wearing surface. The wearing surface shall be constructed in two (2) strata: The bottom stratum shall be one and one-half (11/2) inches of bituminous concrete Class 1 conforming to Section 4.03, Form 811. The top stratum shall be one and one-half (11/2) inches of bituminous concrete Class 2 conforming to Section 4.04, Form 811.
Curbs shall be of bituminous concrete except where portland cement is directed by the Town Engineer. Bituminous concrete curbs shall conform to Section 4.06.02, Form 811, for material and Section 8.15 for method of construction and shall be laid by an approved bituminous concrete curb machine and conform to cross section indicated on applicable plates.
Portland cement concrete shall be Class A concrete in accordance with Section 5.06, Form 811, and shall conform to cross section indicated on applicable plates.
All curbs shall be backed up full height with solidly packed earth.
All roads shall be properly drained, and sufficient culverts, manholes and catch basins installed as approved. No portion of any road shall drain in one (1) direction more than two hundred fifty (250) feet without catch basins on both sides of the road. Culverts shall be of sufficient size to handle a normal maximum amount of water from the area drained.
All drainage pipe more than fifty (50) feet in length shall be at least fifteen (15) inches in diameter and installed with a minimum cover of three (3) feet. All drainage structures shall be indicated as to size and location on plan profile sheets. In addition, drawings and calculations showing size of watershed area and quantity of water drained by each culvert that either crosses or is a part of the roadway drainage system or subdivision drainage system shall be submitted. Drainage rights-of-way through lots shall be at least twenty (20) feet wide.
Class A concrete headwalls shall be located at the edge of the right-of-way and constructed as indicated on applicable plates.
Upon suspension or completion of the work or any portion thereof, the developer or contractor shall remove from all public or private property all temporary structures, tools and equipment and rubbish or waste materials resulting from his operations. All ditches shall be filled, all sewers, drains, catch basins and manholes cleaned and flushed, streets, walks, curbs and other structures cleaned and repaired, and the whole work left in a neat and clean condition.
In the case of the construction of a road under contract to the town, the contractor shall file with the Town Manager a performance bond in the full amount of said contract in order to secure to the town the satisfactory completion of the work.
In the case of the construction of a road or roads in a proposed subdivision, the developer shall file with the Planning and Zoning Commission (see § 201-5C) a performance bond in an amount approved by the Town Engineer and the Planning and Zoning Commission as sufficient to secure to the town the actual installation of the proposed improvements within two (2) years after the date of the acceptance of the bond. The Planning and Zoning Commission shall not give final approval of any proposed plan of subdivision, nor shall the developer sell or offer to sell any land in the subdivision until said bond has been accepted and filed. However, the developer may commence construction of roads in the proposed development at his own risk and expense prior to the filing of said bond, provided that he conforms to all procedures and provisions of this Article (see especially §§ 201-4 and 201-5).
All performance bonds shall be written and submitted to the town and shall not be accepted until the same have been approved by the Town Attorney as to form, sufficiency and manner of execution. In lieu of a surety company bond, the developer or contractor may, at his option, deposit with the Treasurer of the Town of North Branford cash or a certified check in the amount as indicated in Subsection A of this section.
Application for approval of portions of the total proposed work may be made upon completion of such portions. If such portions are accepted, maintenance period for the portions accepted will commence as of the date of acceptance and prorated reduction in surety bond or deposit will be allowed, as provided for in Subsection D following.
The contractor or developer shall keep and maintain the work in good repair for a period of one (1) year from the date of final acceptance by the town. If the whole work is accepted in portions, as provided in Subsection C above, the maintenance period for accepted portions shall run for a period of one (1) year from the final acceptance of such portions. Upon final approval by the town, the contractor or developer will file with the Town Manager or the Planning and Zoning Commission an acceptance surety bond, or cash or certified check, in the amount of five percent (5%) of the value of the work accepted as defined in Subsection A above. The term of this bond shall be for one (1) year from the date of final acceptance. Upon receipt and approval of this bond, the Town Manager or the Planning and Zoning Commission will release the one-hundred-percent performance bond required by Subsection A.
The contractor or developer shall, when notified by the Town Manager or his designated agent, promptly and at his own expense repair all failures in the construction and operation of structures and appurtenances which may occur during the maintenance period, and he shall similarly repair all defects, settlements and irregularities of the structures and appurtenances or drains, pipes, mains or conduits, curbs, gutters, sidewalks, road surfacing, land turfing or any other structures on the line of the work, or adjacent thereto, occurring during the maintenance period, which are caused or affected by his work.
If the contractor or developer fails to remedy such defects within a reasonable time, the Town Manager may, without prejudice to any other remedy and upon written notice to the contractor or developer and surety company, cause the required repairs to be made and bill the contractor or developer or the surety company for the cost of the work involved.
Horizontal and vertical sight distances, horizontal and vertical rates of curvature and super elevation shall satisfy the requirements of roadways designed for vehicular speeds of twenty-five (25) miles per hour, based upon A Policy on Sight Distances for Highways, American Association of State Highway Officials.
In the case where it has been determined that a proposed road will become a main artery (see § 201-8D), horizontal and vertical sight distances and horizontal and vertical rates of curvature and super elevation shall satisfy the requirements of roadways designed for vehicular speeds of thirty-five (35) miles per hour, based upon A Policy on Sight Distances for Highways, American Association of State Highway Officials.
Gas mains shall be laid along the south and west edges of the roadway and shall be in accordance with specifications of the New Haven Gas Company. In no case shall any pavement of roadways be begun until all gas mains and laterals are completed under the affected portion of the roadway.
Water mains, whether those of a public utility or a private or a community water supply system, shall be laid along the north and east edges of the roadway and shall be in accordance with specifications of the New Haven Water Company. In no case shall any pavement of roadways be begun until all water mains and laterals are completed under the affected portion of the roadway.
Hydrants shall be installed on all roadways where water is available at such locations and in such number as the Board of Fire Commissioners directs. Cost of the provision and installation of hydrants shall be borne by the contractor or developer.
Sanitary sewers. Construction, installation and maintenance of sanitary sewers shall be performed in accordance with all regulations and rules adopted therefor by the Water Pollution Control Authority of the Town of North Branford.
Where bridges are to be built, they shall be designed to satisfy the requirements of H-20 wheel loading and the applicable section of Form 811. Drawings and design calculations shall be submitted to the Town Engineer and shall be certified by a professional engineer registered in the State of Connecticut.
Upon completion of construction and prior to acceptance or release of the bond, as-built drawings showing the finished profile of roads, storm drainage with invert elevations and plans of roadways showing street lines, curblines, storm drainage and monumented control points shall be submitted to the Town Engineer. Said drawings shall be drawn in ink on plan-profile Mylar thirty-six (36) inches long, and the originals shall be filed with the Town Engineer. As-built drawings shall be prepared and certified by a professional engineer registered in the State of Connecticut.
Upon completion of construction and prior to acceptance or release of the bond, warranty deed or deeds covering all roads and rights-of-way and drainage or other easements shall be executed to the Town of North Branford and delivered to the Town Attorney.
Upon completion and final inspection of roadways and auxiliary structures, the Town Engineer will indicate his approval and shall request the Town Manager to place in the agenda of the next regular or special meeting of the Town Council an item calling for acceptance of such roadways and auxiliary structures.
Affirmative action by the Town Council upon such recommendation shall constitute approval by the Town of North Branford, and the date of the Town Council meeting shall be the starting date for the one-year maintenance period.
Before any utility or private contractor excavates in pavement or other surface within the town-owned right-of-way:
He shall be required to obtain a permit for such opening from the Town Engineer upon payment of a fee of five dollars ($5.).
Excavations across the right-of-way. Pay an opening fee of fifty dollars ($50.) if the proposed excavation area to adjacent property will be confined to a distance less than one-half (1/2) of the right-of-way; pay an opening fee of one hundred dollars ($100.) if the proposed excavation area to adjacent property will extend a distance of one-half (1/2) or more of the right-of-way. Said fee shall be used by the town to install permanent pavement over the area of excavation. Immediately upon backfilling, he shall replace pavement with such material as to provide a temporary surface.
Excavation along the right-of-way. File with the Town Manager a performance bond or cash or certified check in full value of the proposed excavation, backfill and replacement of surfaces.
Immediately upon backfilling, replace pavement with such material as to provide a temporary surface. At such time as directed by the Town Manager, the contractor shall replace said temporary surface with permanent pavement matching existing in all respects.
The performance bond shall be returned to the contractor upon acceptance by the Town Manager of the permanent pavement.
Driveways. Any resident or private contractor shall obtain written approval of the driveway location from the Town Engineer prior to installation of a driveway within the town-owned right-of-way. That portion of the driveway within the town-owned right-of-way shall consist of a four-inch process aggregate base course and one-inch bituminous concrete Class 2.
Drainage. No water shall be directed from private property onto the town-owned right-of-way in a manner so as to create a hazard or damage to the property.
[Adopted 1-5-1982 as Ord. No. 143, effective 2-5-1982]
[Amended 10-24-1995 by Ord. No. 198]
The Town of North Branford hereby adopts the provisions of Connecticut General Statutes Section 7-163a, as amended, an Act entitled "An Act Concerning Municipal Liability for Ice and Snow on Public Sidewalks."
The Town of North Branford shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk unless the Town of North Branford is the owner or person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided further that the Town of North Branford shall be liable for its affirmative acts with respect to such sidewalk.
The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting his property as the municipality had prior to the effective date of this Article and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.
No action to recover damages for injury to the person or property caused by the presence of ice or snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk shall be brought but within two (2) years from the date when the injury is first sustained.