[Adopted 6-15-2005 by Ord. No. 226]
The purpose of this article is to provide an overall plan for excavations, blockages, and closures of public streets and highways in the Town, pursuant to § 7-148(c)(6)(C)(iii) and (iv) of the General Statutes and Section 7.03D(1) of the Charter.
As used in this article, the following words
and phrases shall have the meanings indicated:
One who has submitted an application for a permit.
The Chief Administrative Officer of the Town or his or her
designee.
A permit issued under § 375-34B of this article.
A permit issued under § 375-34A of this article.
Any kind of hard surfacing, including but not limited to
concrete, bituminous concrete, brick, stabilized gravel, or crushed
stone, or combinations of such materials. Paving shall include oiled
gravel surface.
A driveway permit or excavation permit.
One who has been granted a permit under this article.
Any private or municipally owned water, gas, telephone, telegraph,
electric, sewer, and railroad company or department thereof.
The entire right-of-way of a public street, highway, alley,
way, road, or easement under the jurisdiction of the Town.
No person or entity shall open or make any excavation
in any part or portion of any street, or place any equipment or obstruction
within, upon, or over any street, except in accordance with the provisions
of this article.
A.
Excavation permit. Any person or entity desiring to open or make any excavation in any part or portion of any street or to place any equipment or obstruction within, upon, or over any such street must obtain an excavation permit in accordance with the procedures described in § 375-35.
B.
Driveway permit. Any person or entity desiring to proceed with the construction or reconstruction of a private way which intersects with any Town road or highway must obtain a driveway permit in accordance with the procedures described in § 375-35.
[Amended 12-14-2011]
C.
Exceptions. Emergency excavation permits may be granted
by the CAO in the case of broken water mains, gas mains, electric
lines, or sewer mains or other similar emergencies, but the person
or entity performing such excavation or creating such obstruction
shall file a written application for an excavation permit within 24
hours thereafter, in the manner prescribed by this article for nonemergency
work.
A.
Application for excavation permit. Any person or entity desiring to open or make any excavation in any part or portion of any street or place any equipment or obstruction within, upon, or over any street shall submit an application signed by the applicant to the CAO. Such application shall provide the applicant's name, address, and phone number; the names, addresses, and phone numbers of any of the applicant's subcontractors; a description of the work to be performed; the location, length of time, and purpose of the proposed excavation, blockage, or closure; a list of the equipment proposed to be used; and the indemnification required by § 375-38. Any information on the application that changes during the term of the excavation permit shall be promptly updated by the permit holder.
B.
Annual excavation permits. Any public utility may
submit an application for an annual excavation permit to the CAO which
will be updated at the time of each excavation, blockage, or closure.
C.
Application for driveway permit. Any person or entity
desiring to construct or reconstruct a private way which intersects
with any Town road or highway shall submit an application signed by
the applicant to the CAO. Such application shall provide the applicant's
name, address, and phone number; the names, addresses, and phone numbers
of any of the applicant's subcontractors; the location and length
of time of the proposed construction; and a plot plan and specifications
for construction. Any information on the application that changes
during the term of the driveway permit shall be promptly updated by
the permit holder.
D.
Rejection of application. When, in the judgment of
the CAO, the work called for in an application for an excavation permit
would cause substantial or unwarranted damage to a street or create
excessive disturbance to traffic or exceptionally dangerous conditions
not commensurate with the benefits to the applicant, the request for
such excavation permit may be denied by the CAO. When, in the judgment
of the CAO, the work called for in an application for a driveway permit
would result in a drainage problem, resulting in a hazardous condition
on the public way, the request for such driveway permit may be denied
by the CAO. The CAO shall inform the applicant of such rejection and
the reasons for such rejection in writing within 15 calendar days.
The CAO may reject an application when the applicant has failed to
abide by the terms of a prior permit or has violated this article
within the prior twelve-month period.
E.
Approval of permits. The CAO shall notify an applicant
when the application has been approved.
F.
Compliance with safety requirements. All excavation
permits shall require compliance with standard federal Department
of Transportation safety requirements, as adopted by the state, and
standard American Traffic Safety Services Association requirements.
G.
Compliance with plot plan and specifications. All
work done in connection with a driveway permit shall be in accordance
with the plot plan and specifications for construction included in
the application.
H.
Expiration of permits. All permits, except annual
excavation permits, shall expire on a date to be set by the CAO (which
date shall not exceed one year), unless sooner revoked, and may be
extended by the CAO.
A.
Fees. An applicant shall pay a fee with its application
for any permit. The Board of Selectmen shall set the application fee
by regulation.
B.
Exceptions. No contractor or subcontractor performing
work directly for the Town or any of its departments, agencies, or
boards shall be required to pay any application fee.
A.
Bond required. Before any applicant shall receive
an excavation permit, the applicant shall post with the CAO a bond
with surety, letter of credit, bank or cashier's check, or passbook.
The bond shall stay in effect for a period of one year after the work
under the excavation permit has been completed. The Board of Selectmen
shall set the amount of the bond by regulation.
B.
Insurance required. Before any applicant shall receive
an excavation permit, the applicant shall deliver to the CAO an insurance
policy written by an insurance company authorized to do business in
this state, upon which the Town is a named insured, which policy shall
insure against bodily injury or property damage arising out of any
action or activity or work of the applicant in connection with the
work undertaken under the excavation permit. The insurance shall stay
in effect for a period of one year after the work under the excavation
permit has been completed. The Board of Selectmen shall set the required
insurance coverage by regulation.
C.
Notice to CAO. Each permit holder shall notify the
CAO in writing at least 72 hours prior to any excavation, blockage,
closure, or construction of a private way that intersects with a Town
road or highway.
D.
Barricades. When an excavation is made in any street,
the person or entity by or for whom or which such excavation is made
shall cause a rail, fence, or other sufficient barricade to be placed
around the excavation, and such barricade shall remain until the excavation
is closed.
E.
Lights to be maintained at night. Warning lights shall be fixed to some part of the rail or fence required by Subsection D, or placed over or near the excavation at night, sufficient to warn pedestrians and drivers of the existence of the excavation, dirt, gravel, and materials and the danger therefrom. The lights shall remain on from sunset to sunrise and shall be continued every night until the excavation is closed.
F.
Call Before You Dig. Before any applicant shall receive
an excavation permit or driveway permit, the applicant shall provide
the CAO verification that the applicant has received a response from
the "Call Before You Dig" service.
G.
Other requirements. The permit holder shall follow
all other requirements in its permit.
H.
Completion of work. Every permit holder shall cause
every excavation where openings are made to be neatly cut, thoroughly
filled with approved subbase material, tamped, and resurfaced and
remove all surplus material from the site.
I.
Inspections. During any work related to a permit,
the CAO may inspect all excavations for workmanship, materials and
compliance with the permit and this article. Upon completion of the
work authorized by the excavation permit, the CAO shall make a final
inspection of the work, and upon approval and acceptance by him or
her, the permit holder shall be notified of this approval and acceptance,
and such approval shall be entered on the excavation permit. If on
final inspection the CAO disapproves the work, the permit holder shall
be responsible for adjusting and correcting the work until it shall
meet the CAO's approval.
Prior to obtaining an excavation permit, an
applicant shall accept and sign the following statement: "The applicant
agrees to indemnify and save harmless the Town, its agents and employees
from and against all loss or expense (including costs and attorneys'
fees) arising out of or resulting from the performance of the work,
including bodily injury or death sustained by any person or persons
(including employees of the applicant or any subcontractor) or on
account of damage to property, including loss of use thereof, whether
such injuries or damages are caused in whole or in part by the negligence
of the Town, its agents and employees or otherwise."
All permit holders shall perform all work in
compliance with its permit and all applicable federal, state and local
laws, rules, regulations, and ordinances.
No permit holder shall allow his, her, or its
name to be used by any other person or entity either for the purpose
of obtaining permits or doing any work under the permit. No permit
holder may transfer any permit to any other person or entity.
The Board of Selectmen shall establish and adjust
fees, bond amounts, and insurance coverage amounts by regulation.
Any regulations made by the Board of Selectmen pursuant to this article
shall be made available at the Town Clerk's office.
A.
Any person or entity who or which violates or fails
to comply with the provisions of this article shall be subject to
the following penalties and fines:
[Amended 12-14-2011]
(1)
A fine of $250 for each offense.
(3)
The rejection of all applications for a permit for
a period of 12 months.
(4)
The reimbursement to the Town of expenses incurred
by the Town in blocking, setting up barricades, filling, closing,
removing, or altering any excavation which is in violation of this
article.
(5)
The making of one or more claims against the bond
for any penalties imposed or expenses incurred by the Town, including
any expenses to remedy the excavation, blockage, or closure.
B.
The CAO may seek enforcement of the provisions of
this article by a civil action brought by the Town, and, in such event,
the violator shall pay the Town's cost of any legal action, including
reasonable attorneys' fees. In any such action, the CAO may seek a
temporary and/or permanent injunction and removal of the violation.
C.
Any and all remedies which the Town has in enforcing
this article, at law or in equity, shall be cumulative, and two or
more or all of such remedies may be exercised at the same time.
A.
Permits issued under the provisions of this article
may be revoked by the CAO, after reasonable investigation, for any
of the following causes:
B.
Notice of the rejection of a permit shall be given to the applicant in accordance with § 375-35D. Notice of the revocation of a permit shall be given to the applicant in writing, specifically setting forth the grounds for revocation. Notice of either the rejection or revocation of a permit shall be mailed, postage prepaid, to the applicant at the address given in the application for the permit. The applicant or permit holder may appeal the decision to reject or revoke a permit to the citation hearing officer, who after notice and a hearing may overturn such decision.
C.
If a permit holder has a permit revoked, no new permit
shall be issued to that person or entity for 12 months from the day
said permit is revoked.
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.
